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The School and Early Years Finance (England) Regulations 2025

S.I. 2025/42 · Made 16 January 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 17 February 2025.

EDUCATION, ENGLAND

Made 16th January 2025

Laid before Parliament 20th January 2025

Coming into force 17th February 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 45(1B)f1, 45Af2, 45AAf3, 47f4, 47ZAf5, 47A(4), (4B) and (5)f6, 48(1) and (2)f7, 49(2) and (2A)f8, and 138(7)f9 of, and paragraphs 1f10 and 2Bf11 of Schedule 14 to, the School Standards and Framework Act 1998f12 and section 24(3) and (4)f13 of the Education Act 2002f14.

Annotations to the whole text

Footnotes

f1

Section 45(1B) was inserted by section 101 of, and paragraph 2(3) of Schedule 16 to, the Education Act 2005 (c. 18) (“the 2005 Act”).

f2

Section 45A was inserted by section 41(1) of the Education Act 2002 (c. 32) (“the 2002 Act”). It was amended by section 101 of, and paragraph 3 of Schedule 16 to, the 2005 Act, by section 202 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) (“the 2009 Act”), by section 3(2)(a) of the Childcare Act 2016 (c. 5) (“the 2016 Act”) and by S.I. 2010/1158.

f3

Section 45AA was inserted by section 101 of, and paragraph 4 of Schedule 16 to, the 2005 Act. It was amended by S.I. 2010/1158.

f4

Section 47 was amended by section 101 of, and paragraph 6 of Schedule 16 to, the 2005 Act and by S.I. 2010/1158.

f5

Section 47ZA was inserted by section 202 of the 2009 Act and amended by section 3(2)(b) of the 2016 Act.

f6

Section 47A was inserted by section 43 of the 2002 Act and amended by section 101 of, and paragraph 7 of Schedule 16 to, the 2005 Act, section 57 of, and paragraph 2 of Schedule 5 to, the Education and Inspections Act 2006 (c. 40) (“the 2006 Act”); section 165 of the Education and Skills Act 2008 (c. 25), section 194 of the 2009 Act and by S.I. 2010/1158.

f7

Section 48 was amended by section 40 of, and paragraph 2 of Schedule 3 to, the 2002 Act, section 117 of, and paragraph 7 of Schedule 18 to, the 2005 Act, section 57 of, and paragraph 3 of Schedule 5 to, the 2006 Act and by S.I. 2010/1158.

f8

Subsections (2) and (2A) were substituted for subsections (2) and (3), as originally enacted, by section 57 of, and paragraph 4 of Schedule 5 to, the 2006 Act and were amended by S.I. 2010/1158.

f9

Subsection (7) was amended by section 175 of, and paragraph 3 of Schedule 17 to, the 2006 Act.

f10

Paragraph 1 of Schedule 14 was amended by section 57 of, and paragraph 5 of Schedule 2 to, the 2006 Act and by S.I. 2010/1158.

f11

Paragraph 2B of Schedule 14 was substituted for paragraph 2, as originally enacted, by section 57 of, and paragraph 5 of Schedule 5 to, the 2006 Act and was amended by S.I. 2010/1158.

f12

1998 c. 31 (“the 1998 Act”). For the meanings of “prescribed” and “regulations”, see section 142(1) of the 1998 Act.

f13

Subsection (4) was amended by S.I. 2010/1158 and by the Education (Wales) Measure 2011 (nawm 7).

f14

2002 c. 32. For the meanings of “prescribed” and “regulations” see section 212(1) of the 2002 Act, as amended by S.I. 2010/1158.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement, extent, application and interpretation
  3. 2Revocation
  4. 3Amendment of the Schools Forums (England) Regulations 2012
  5. Part 2: Action to be taken by a local authority
  6. Chapter 1: Determination of the non-schools education budget, schools budget, individual schools budget, and budget shares
  7. 4The non-schools education budget
  8. 5Initial determination of a local authority’s schools budget
  9. 6The schools budget
  10. 7Exceptions
  11. 8Determination of the individual schools budget for the funding period and limit on increase in central expenditure
  12. 9Consultation
  13. 10Formulae for determination of budget shares etc. for certain maintained schools and early years providers
  14. 11Determination of allocation of budget shares etc. for the funding period
  15. Chapter 2: Further deductions and variations to limits authorised by schools forums or the Secretary of State
  16. 12Applications to the schools forum and the Secretary of State
  17. Part 3: Determination of budget shares etc.
  18. Chapter 1: Requirements, and factors and criteria taken into account – schools other than early years provision
  19. 13Pupil numbers
  20. 14Places
  21. 15Social deprivation - primary and secondary schools
  22. 16Lump sums for primary and secondary schools
  23. 17Low prior attainment factor
  24. 18English as an additional language
  25. 19Mobility factor
  26. 20The London fringe
  27. 21The sparsity factor
  28. 22Risk protection arrangement
  29. 23Energy scheme factor
  30. 24Split sites factor
  31. 25Additional criteria: schools
  32. 26Requirements relating to the calculation of local authority funding formula
  33. 27Minimum per pupil amount
  34. 28Minimum funding guarantee
  35. 29Sixth form funding
  36. 30New schools, merged schools and closing schools
  37. 31Federated schools
  38. Chapter 2: Criteria taken into account – early years provision
  39. 32Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision and community early years provision
  40. 33Social deprivation for early years
  41. 34Early years pupil premium
  42. 35Disability access fund
  43. 36Differential funding
  44. 37Early years 96% requirement
  45. 3812% early years discretionary funding cap
  46. 39Additional criteria and disadvantaged two year olds requirement: early years
  47. Chapter 3: Adjustments, correction of errors, and alternative arrangements authorised by the Secretary of State
  48. 40Pupils permanently excluded from, or leaving, maintained schools
  49. 41Correction of errors and changes in non-domestic rates
  50. 42Alternative arrangements approved by the Secretary of State
  51. Part 4: Schemes
  52. 43Required content of schemes
  53. 44Approval by the schools forum or the Secretary of State of proposals to revise schemes
  54. 45Publication of schemes
  55. Signature
  56. Schedule 1: CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY
  57. 1Special educational provision
  58. 2Special educational provision
  59. 3Special educational provision
  60. 4Special educational provision
  61. 5Special educational provision
  62. 6Special educational provision
  63. 7Special educational provision
  64. 8Access to education
  65. 9Access to education
  66. 10Access to education
  67. 11Access to education
  68. 12Access to education
  69. 13Additional education and training for children, young persons and adults
  70. 14Additional education and training for children, young persons and adults
  71. 15Other functions
  72. 16Other functions
  73. 17Other functions
  74. Schedule 2: CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET
  75. Part 1: Historic commitments
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. Part 2: Central schools expenditure
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. 9Paragraph 9
  86. 10Paragraph 10
  87. 11Paragraph 11
  88. 12Paragraph 12
  89. 13Paragraph 13
  90. Part 3: Other central education expenditure
  91. 14Asset management
  92. 15Strategic management
  93. 16Other functions
  94. 17Other functions
  95. 18Other functions
  96. 19Other functions
  97. 20Other functions
  98. 21Other functions
  99. 22Other functions
  100. 23Other functions
  101. 24Other functions
  102. Part 4: Central early years expenditure
  103. 25Paragraph 25
  104. 26Paragraph 26
  105. 27Paragraph 27
  106. Part 5: Children and young people with high needs
  107. 28Paragraph 28
  108. 29Paragraph 29
  109. 30Paragraph 30
  110. 31Paragraph 31
  111. 32Paragraph 32
  112. 33Paragraph 33
  113. 34Paragraph 34
  114. 35Paragraph 35
  115. 36Paragraph 36
  116. 37Paragraph 37
  117. 38Paragraph 38
  118. 39Paragraph 39
  119. Part 6: Items that may be removed from maintained schools’ budget shares – primary and secondary schools
  120. 40Paragraph 40
  121. 41Paragraph 41
  122. 42Paragraph 42
  123. 43Paragraph 43
  124. 44Paragraph 44
  125. 45Paragraph 45
  126. 46Paragraph 46
  127. 47Paragraph 47
  128. 48Paragraph 48
  129. 49Paragraph 49
  130. 50Paragraph 50
  131. 51Paragraph 51
  132. 52Paragraph 52
  133. Part 7: Items that may be removed from maintained schools’ budget shares – primary, secondary and special schools and pupil referral units
  134. 53Paragraph 53
  135. 54Paragraph 54
  136. 55Paragraph 55
  137. 56Paragraph 56
  138. 57Paragraph 57
  139. 58Paragraph 58
  140. 59Paragraph 59
  141. 60Paragraph 60
  142. 61Paragraph 61
  143. 62Paragraph 62
  144. 63Paragraph 63
  145. 64Paragraph 64
  146. 65Paragraph 65
  147. 66Paragraph 66
  148. 67Paragraph 67
  149. 68Paragraph 68
  150. 69Paragraph 69
  151. 70Paragraph 70
  152. 71Paragraph 71
  153. 72Paragraph 72
  154. 73Paragraph 73
  155. 74Paragraph 74
  156. 75Paragraph 75
  157. 76Paragraph 76
  158. 77Paragraph 77
  159. 78Paragraph 78
  160. 79Paragraph 79
  161. 80Paragraph 80
  162. Part 8: Deficit from previous funding period
  163. 81Paragraph 81
  164. Schedule 3: MINIMUM FUNDING GUARANTEE
  165. 1Paragraph 1
  166. 2Paragraph 2
  167. 3Paragraph 3
  168. 4Paragraph 4
  169. 5Paragraph 5
  170. Schedule 4: CONTENTS OF SCHEMES
  171. 1Paragraph 1
  172. 2Paragraph 2
  173. 3Paragraph 3
  174. 4Paragraph 4
  175. 5Paragraph 5
  176. 6Paragraph 6
  177. 7Paragraph 7
  178. 8Paragraph 8
  179. 9Paragraph 9
  180. 10Paragraph 10
  181. 11Paragraph 11
  182. 12Paragraph 12
  183. 13Paragraph 13
  184. 14Paragraph 14
  185. 15Paragraph 15
  186. 16Paragraph 16
  187. 17Paragraph 17
  188. 18Paragraph 18
  189. 19Paragraph 19
  190. 20Paragraph 20
  191. 21Paragraph 21
  192. 22Paragraph 22
  193. 23Paragraph 23
  194. 24Paragraph 24
  195. 25Paragraph 25
  196. Explanatory note