Regulation 5 Determination of school surplus of federated schools

(1)

Where a federated school^f1 is converted into an Academy in circumstances where the federation was allocated a single budget share in accordance with regulations made under section 47 of the 1998 Act^f2, the local authority must determine whether the school has a surplus and, if so, the amount of that surplus, in accordance with a methodology agreed with the proprietor, or where this cannot be agreed, in accordance with paragraphs (2) and (3).

(2)

The school will have a surplus if immediately before the conversion date there is an amount that has been made available to the governing body of the federation (under section 50 of the 1998 Act or otherwise) that has not been spent by the governing body or any head teacher in the federation.

(3)

The amount of the school’s surplus is calculated in accordance with $Ax(B/C)+Dx(E/C)$ where—

(a)

A is the amount referred to in paragraph (2);

(b)

B is the total number of pupils registered at the school on the date used for ascertaining pupil numbers specified in regulations made under section 47 of the 1998 Act in force immediately before the conversion date; and

(c)

C is the total number of pupils registered at all of the schools within the federation on that date.

Annotations

Footnotes

f1: “Federated school” has the meaning given by section 24(2) of the Education Act 2002, by virtue of section 17(2) of the Academies Act 2010.
f2: Section 47 was amended by section 101 of, and paragraph 6 of Schedule 16 to, the Education Act 2005 (c.18).