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The School Finance (England) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 228
- PART 3
- CHAPTER 2
- Regulation 25
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Additional arrangements approved by the schools forum or the Secretary of State
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25.—(1) Subject to paragraph (2), on application by a local education authority to the Secretary of State for any authorisation or authorisations to determine or redetermine budget shares, the Secretary of State may authorise the authority to determine or redetermine budget shares to such extent as he may specify in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
(2) The Secretary of State may not authorise a local education authority to determine or redetermine budget shares in the cases referred to in paragraph (3) unless—
(a)the authority has first made an application to their schools forum for such authorisation which has been refused; or
(b)the authority is not required to establish a schools forum for their area.
(3) In cases where a local education authority seeks any authorisation, or authorisations, to determine or redetermine budget shares which—
(a)relate to the operation of regulation 20 and Schedule 4 (minimum funding guarantee) and which, either individually or when taken together in the funding period to which the application relates, will affect no more than 50% of pupils in schools maintained by the authority; or
(b)relate to a change to the formula determined under regulation 9(1) in respect of funding period 2 or 3,
their schools forum may authorise such determinations or redeterminations.
(4) Unless the contrary intention appears in any such authorisation or arrangements, authorisations given and arrangements approved by the Secretary of State or any schools forum under previous regulations continue to apply in relation to funding period 1.
(5) Unless the contrary intention appears in such authorisation or arrangements, authorisations given and arrangements approved by the Secretary of State or any schools forum in relation to funding period 1 continue to apply to funding periods 2 and 3, and authorisations given and arrangements approved by the Secretary of State or any schools forum in relation to funding period 2 continue to apply to funding period 3.
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