The School Funding (Wales) Regulations 2010
PART 1 —Introduction
1Title, commencement and application
2Revocation
3Interpretation
PART 2 —LEA Budget, Schools Budget, Individual Schools Budget
4LEA Budget
5Initial determination of schools budget
6Schools budget
7Individual schools budget
PART 3 —Schools' budget shares
8Allocation of individual schools budget
9Timing and notification of initial determination of schools' budget shares
10Formula for determination of budget shares
11Consultation
12New Schools
13Pupil numbers
14Pupil Numbers: Dual Registration
15Places
16Schools of a particular description
17Differential funding
18Additional factors or criteria
19Funding for pupils over compulsory school age
20School re-organisation
21Budget share adjustments
22Pupils excluded or admitted following an exclusion
23Percentage of “pupil-led” funding
24Correction of errors
25Additional arrangements approved by the Welsh Ministers
PART 4 —Financial Schemes
26Required content of schemes
27Manner of publication
28Approval by the schools forum or the Welsh Ministers of proposals to revise schemes
SCHEDULE 1Classes or Descriptions of Planned Expenditure Prescribed for the Purposes of the LEA Budget of a Local Authority
Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads
1Additional learning needs
2Expenditure in connection with the authority’s functions under sections 321...
3Expenditure on monitoring the provision for pupils in schools (whether...
4Expenditure on collaboration with other statutory and voluntary bodies to...
5Expenditure in connection with— (a) the provision of parent partnership...
6Expenditure incurred in relation to the preparation of any part...
7Health and child protection
8Expenditure incurred in entering into, or subsequently incurred pursuant to,...
9Expenditure in providing special medical support for individual pupils in...
10School improvement
11Access to education
12Expenditure on the Education Welfare Service and other expenditure arising...
13Expenditure on the provision of support for students under section...
14Expenditure on discretionary grants under section 1(6) or 2 of...
15Expenditure on the payment to persons over compulsory school age...
16Expenditure on the payment to persons over compulsory school age...
17Education, training and services for young persons and adults
18Expenditure on the provision by the local authority under sections...
19Expenditure in relation to the local authority’s functions in connection...
20Strategic management
21Expenditure in connection with monitoring the performance of schools, monitoring...
22Expenditure on establishing and maintaining electronic computer systems, including data...
23Expenditure on monitoring National Curriculum assessment arrangements required by orders...
24Expenditure in connection with the authority’s functions in relation to...
25Expenditure in respect of the dismissal or premature retirement of,...
26Expenditure in respect of a teacher’s emoluments under section 19(9)...
27Expenditure on making pension payments, other than in respect of...
28Expenditure in pursuance of a binding agreement, where the other...
29Expenditure in respect of the functions of an appropriate body...
30Expenditure on the appointment of governors, the making of instruments...
31Any expenditure on insurance other than for liability arising in...
32Expenditure incurred in connection with the authority’s functions under section...
SCHEDULE 2Classes or Descriptions of Planned Expenditure which may be Deducted from the Schools Budget of a Local Authority
Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads
1Expenditure to support grants
2Additional learning needs
3Where a pupil falls within paragraph 2(a) or (b) and...
4Expenditure in making the provision specified in a pupil’s statement...
5Expenditure in respect of specialist support provided to assist the...
6Expenditure (being expenditure that it would be inappropriate to expect...
7Expenditure in relation to education otherwise than at school under...
8Expenditure (other than expenditure incurred under Schedule 1 or any...
9Expenditure on the payment of fees in respect of pupils...
10Expenditure on payments to another local authority pursuant to section...
11Staff
12Expenditure in making payments to, or in providing a temporary...
13Expenditure in making payments to, or in providing a temporary...
14Expenditure in making payments to, or in providing a temporary...
15Expenditure, not falling within Schedule 1, in relation to the...
16Other expenditure
17Expenditure on supporting travelling theatres so far as such expenditure...
18Expenditure in connection with the provision of Welsh language teaching...
19Expenditure on the provision to schools of premises and facilities...
20Expenditure pursuant to section 512, 512ZA, 512ZB or 513 of...
21Expenditure on the repair and maintenance of a school kitchen...
22Expenditure on determining the eligibility of a pupil for free...
23Expenditure pursuant to section 18 of the 1996 Act in...
24Expenditure in connection with the provision of nursery education except...
25Expenditure on insurance in respect of liability arising in connection...
26Expenditure on licence fees or subscriptions paid on behalf of...
27Expenditure incurred in responding to a report of an inspection...
28Expenditure on library services and museum services for schools.
29Expenditure without which the education of pupils at a school...
30Expenditure on increases to a school’s budget share to which...
31Expenditure for purposes not falling within any other paragraph of...
32CERA incurred for purposes not falling within any other paragraph...
33Expenditure incurred pursuant to section 22 of the Education Act...
34Expenditure incurred in relation to the training of clerks to...
SCHEDULE 3Additional Factors or Criteria which may be Taken into Account in a Local Authority’s Formula under Regulation 18
1Special educational needs of pupils determined in a manner that...
2Pupils for whom English or Welsh is not their first...
3Turnover of pupils other than as part of the general...
4The extent to which the authority meet the cost of...
5The size and condition of a school’s buildings and grounds...
6A school which has a split site: the funding must...
7Facilities, for the education of pupils, found at some schools...
8Rates payable in respect of the premises of each school...
9Charges for water and sewerage (including actual or estimated cost)....
10Use of energy by schools.
11Rent payable in respect of school premises or payments in...
12Cleaning of school premises.
13Transport to and from activities outside the school premises which...
14Hire of facilities outside school premises (including actual or estimated...
15In cases where an amount in respect of insurance is...
16Payments in relation to a private finance transaction (including actual...
17Amounts payable to a school which is, as the result...
18Whether the school is to be discontinued in the funding...
19School milk, meals and other refreshment: the authority may not...
20Salaries at a school (including actual or estimated cost): the...
21Safeguarding of salaries in accordance with orders made from time...
22Social priority allowances in accordance with a School Teachers' Pay...
23The need for single payments to be allocated to primary,...
24The need for payments to be allocated to schools, of...
25Schools whose budget shares would otherwise be reduced year-on-year by...
26Contracts to which the governing body of a school are...
27Payroll administration costs: the funding must be based on the...
28Any other factors or criteria not otherwise falling within this...
29Effect of taxation on schools.
30Incidence of pupils from ethnic minorities having below average levels...
31Incidence of nursery classes and places recognised by the authority...
32Incidence of Newly Qualified Teachers.
33Housing development or armed forces' movements leading to an increase...
34Prior attainment of pupils entering a school.
35Infant class sizes limited by Regulations made under section 1...
36Junior class sizes limited to a maximum of 30 pupils:...
SCHEDULE 4Content of Financial Schemes
The matters referred to in regulation 26, being matters connected with the financing of schools maintained by a local authority, required to be dealt with in the local authority’s scheme are as follows:
1The carrying forward from one funding period to another of...
2Amounts which may be charged against schools' budget shares.
3Amounts received by schools which may be retained by their...
4The imposition, by or under the scheme, of conditions which...
5Terms on which services and facilities are provided by the...
6The payment of interest by or to the authority.
7The times at which amounts equal in total to the...
8The virement between budget heads within the delegated budget.
9Circumstances in which the authority may delegate to the governing...
10The use of delegated budgets and of sums made available...
11Borrowing by governing bodies.
12The banking arrangements that may be made by governing bodies....
13A statement as to the personal liability of governors in...
14A statement as to the allowances payable to governors of...
15The keeping of a register of any business interests of...
16The provision of information by and to the governing body....
17The maintenance of inventories of assets.
18Plans of a governing body’s expenditure.
19A statement as to the use that a governing body...
20A provision under which– (a) the authority may direct the...
21A statement as to the taxation of sums paid or...
22Insurance.
23The use of delegated budgets by governing bodies so as...
24The provision of legal advice to the governing body.
25Funding for child protection issues.
26School meals.
27To whom in the authority complaints should be made by...
28Expenditure incurred by a governing body in the exercise of...
29Provision by governing bodies of returns and information for teacher...

2010 No. 824 (W.87)

EDUCATION, WALES

The School Funding (Wales) Regulations 2010

Made

Coming into force

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales1 by sections 45A, 45AC, 47, 48, 49 and 138(7) and (8) of, and paragraphs 1(7) and 2B of Schedule 14 to, the School Standards and Framework Act 19982, and now vested in them3, make the following Regulations.

A draft of these Regulations has been laid before, and been approved by resolution of, the National Assembly for Wales4.