Regulation 2 Determination of amount

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 2 defn(s) am (E) by Education (Pupil Exclusions) 2004 reg 3(2)
reg 2 defn(s) am (E) by Education (Amount to Follow Permanently Excluded Pupil) 2001 reg 2
reg. 2(1) modified by Wiltshire Council (Arrangements for the Provision of Suitable Education) 2012 art. 9(3)
reg. 2(1) reg. 2 renumbered as reg. 2(1) by School Discipline (Pupil Exclusions and Reviews) 2012 Sch. 2 para. 1(2)(a)
reg. 2(2) inserted by School Discipline (Pupil Exclusions and Reviews) 2012 Sch. 2 para. 1(2)(b)
reg. 2 words inserted by Education (Pupil Exclusions and Appeals) (Maintained Schools) 2003 reg. 10(2)
reg 2 defn(s) am (W) by Education (Amount to Follow Permanently Excluded Pupil) 2002 reg 2

In accordance with section 494 of the 1996 Act^f1, where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and in the financial year in which the exclusion first takes effect–

(a)

he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school; or

(b)

the following events subsequently occur–

(i)

he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and

(ii)

at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,

the old authority shall pay to the new authority and the intermediate authority shall pay to the last authority, as the case may be, in connection with the provision of education for that pupil in that financial year an amount determined by the application of the following formula–

A + B \times \frac{C}{D}

where,

A is the amount determined by the old authority in accordance with regulations made under section 47 of the 1998 Act^f2 to be attributable, in the financial year in which the relevant date falls, to a registered pupil of the same age and characteristics of the pupil in question at primary or secondary (but excluding special) schools maintained by the old authority;
B is the expenditure which would have been incurred from the old authority’s local schools budget (but not their individual schools budget) in respect of, and directly attributable to, the pupil in the financial year in which the relevant date falls had he not been permanently excluded from the school maintained by the old authority;
C is the number of complete weeks remaining in the financial year calculated from the relevant date:
EXCEPT that where the exclusion takes effect, or the intermediate authority cease to provide education, on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school, or in the case of an intermediate authority leave the school from which he was first excluded, prior to being admitted to a middle or secondary (including a special) school, C is the number of complete weeks remaining in that school year calculated from the relevant date; and
D is 52.

Annotations

Footnotes

f1: As substituted by the 1998 Act, Schedule 30, paragraph 128.
f2: At the date that these Regulations are made the relevant Regulations are S.I. 1999/101.