{
  "url": "https://openlegislation.uk/financing-of-maintained-schools-england-regulations-2004/schedule-1",
  "json_url": "https://openlegislation.uk/financing-of-maintained-schools-england-regulations-2004/schedule-1.json",
  "legislation": "uksi/2004/3130",
  "legislation_title": "The Financing of Maintained Schools (England) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/financing-of-maintained-schools-england-regulations-2004",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": "ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY'S FORMULA UNDER REGULATION 14",
  "text": "The factors and criteria set out below in this Schedule may be taken into account by a local education authority in their formula but not on the basis of actual or estimated cost unless otherwise stated.\nWhere a local education authority take new factors or criteria into account in their formula or delete factors from their formula or determine a formula substantially or wholly different from the previous year, they may make such transitional provision as they consider reasonable.\n1 Special educational needs of pupils determined in a manner that the authority consider appropriate as a means of assessing such needs.\n2 Pupils for whom English is not their first language.\n3 Turnover of pupils other than as part of the general admissions process at a school.\n4 Admission arrangements at a school.\n5 The size, condition and characteristics of a school’s buildings and grounds relative to those of other schools maintained by the authority.\n6 A school which has a split site: the funding must be in accordance with criteria published by the authority.\n7 Such physical facilities, organisational facilities for the education of pupils, or communications facilities, as are found at some schools only.\n8 Rates payable in respect of the premises of each school (including actual or estimated cost).\n9 Use of energy by schools.\n10 Rent payable in respect of school premises or payments in respect of the use by a school of facilities not exclusively occupied by that school (including actual or estimated cost).\n11 Transport to and from activities outside the school premises which form part of the school’s curriculum or transport between the school and other educational facilities attended by pupils (including actual or estimated cost).\n12 Hire of facilities outside school premises (including actual or estimated cost).\n13 Insurance: the funding must be equal to the amount which would be spent on insurance for the school in question if amounts were not delegated to the governing body for such insurance or, if the authority do not insure, the appropriate proportion of the amount that would have been spent had they insured, to be determined on a basis decided by the authority.\n14 Payments in relation to a private finance transaction as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 (including actual or estimated cost).\n15 Amounts payable to a school which is, as the result of the discontinuance of one or more maintained schools, either established or, pursuant to Chapter 2 of Part 2 of the 1998 Act, the subject of prescribed alterations, to reflect the extent to which a school which has been discontinued has spent more than or has not spent all of its budget share (within the meaning of the 1998 Act) in any financial year. Any such factor or criterion must provide that any amount deducted shall not exceed the amount which the school receives during the financial year as part of its budget share by virtue of being a new school.\n16 Whether a school is to be discontinued in the financial year or the following financial year.\n17 School milk, meals and other refreshment: the authority may not treat any element of this expenditure as having a negative value.\n18 Salaries at a school (including actual or estimated cost): the funding must be in accordance with a scale published by the authority.\n19 Safeguarding of salaries in accordance with a School Teachers' Pay and Conditions Document having effect in accordance with an order under section 122 of the 2002 Act or other salaries (including actual or estimated cost).\n20 Social priority allowances paid in accordance with a School Teachers' Pay and Conditions Document having effect in accordance with an order under section 122 of the 2002 Act (including actual or estimated cost).\n21 The differential in recruitment and retention costs in different areas in which schools are located.\n22 The need for single payments to be allocated to primary, secondary or special schools, or any combination of such schools, regardless of size.\n23 The need for payments to be allocated to schools, of a size and satisfying other conditions, specified by the authority.\n24 Reductions in school budget shares of 3% or more determined by the authority but not to the extent that the school has spent more than or has not spent all of its budget share (within the meaning of the 1998 Act) or its maintenance grant (as a grant maintained or grant maintained special school) in any financial year. (The authority must publish the percentage figure and an explanation of how any amounts using such a factor or criteria will be determined including, if applicable, the use to be made of any sliding scale).\n25 Contracts to which the governing body of a school are bound by virtue of a provision in the authority’s scheme (including actual or estimated cost).\n26 Effect of taxation on schools.\n27 Housing development or armed forces movements leading to a reduction in numbers on roll at a school of at least 20% within one year.\n28 Such items of expenditure in connection with provision for pupils registered at other schools as are prescribed by the School Budget Shares (Prescribed Purposes)(England) Regulations 2002.\n29 Incidence of Newly Qualified Teachers.\n30 Incidence of pupils from ethnic minority groups having below average levels of academic achievement in relation to other pupils in the authority’s area, to be determined on a basis decided by the authority.\n31 Incidence of nursery classes and places recognised by the authority as reserved for children with special educational needs.\n32 Prior attainment of pupils entering a school.\n33 Advanced Skills Teachers employed at a school.\n34 Permanent exclusions from a school (including estimates).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1997/319 as amended."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "As at the date these Regulations are made the relevant document is the School Teachers' Pay and Conditions Document 2004 (ISBN 0 11 2711 634). That document was given effect in the Education (School Teachers' Pay and Conditions) (No.2) Order 2004/2142."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2002/378."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/3130/schedule/1",
    "retrieved_at": "2026-10-29T05:14:49.644228+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}