The School and Early Years Finance (England) Regulations 2025
S.I. 2025/42 · Made 16 January 2025 · Extends to England and Wales
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
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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
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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
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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
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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
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Section 47ZA was inserted by section 202 of the 2009 Act and amended by section 3(2)(b) of the 2016 Act.
- f6
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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
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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
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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
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Subsection (7) was amended by section 175 of, and paragraph 3 of Schedule 17 to, the 2006 Act.
- f10
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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
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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
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1998 c. 31 (“the 1998 Act”). For the meanings of “prescribed” and “regulations”, see section 142(1) of the 1998 Act.
- f13
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Subsection (4) was amended by S.I. 2010/1158 and by the Education (Wales) Measure 2011 (nawm 7).
- f14
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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
- Part 1: Introduction
- 1Citation, commencement, extent, application and interpretation
- 2Revocation
- 3Amendment of the Schools Forums (England) Regulations 2012
- Part 2: Action to be taken by a local authority
- Chapter 1: Determination of the non-schools education budget, schools budget, individual schools budget, and budget shares
- 4The non-schools education budget
- 5Initial determination of a local authority’s schools budget
- 6The schools budget
- 7Exceptions
- 8Determination of the individual schools budget for the funding period and limit on increase in central expenditure
- 9Consultation
- 10Formulae for determination of budget shares etc. for certain maintained schools and early years providers
- 11Determination of allocation of budget shares etc. for the funding period
- Chapter 2: Further deductions and variations to limits authorised by schools forums or the Secretary of State
- 12Applications to the schools forum and the Secretary of State
- Part 3: Determination of budget shares etc.
- Chapter 1: Requirements, and factors and criteria taken into account – schools other than early years provision
- 13Pupil numbers
- 14Places
- 15Social deprivation - primary and secondary schools
- 16Lump sums for primary and secondary schools
- 17Low prior attainment factor
- 18English as an additional language
- 19Mobility factor
- 20The London fringe
- 21The sparsity factor
- 22Risk protection arrangement
- 23Energy scheme factor
- 24Split sites factor
- 25Additional criteria: schools
- 26Requirements relating to the calculation of local authority funding formula
- 27Minimum per pupil amount
- 28Minimum funding guarantee
- 29Sixth form funding
- 30New schools, merged schools and closing schools
- 31Federated schools
- Chapter 2: Criteria taken into account – early years provision
- 32Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision and community early years provision
- 33Social deprivation for early years
- 34Early years pupil premium
- 35Disability access fund
- 36Differential funding
- 37Early years 96% requirement
- 3812% early years discretionary funding cap
- 39Additional criteria and disadvantaged two year olds requirement: early years
- Chapter 3: Adjustments, correction of errors, and alternative arrangements authorised by the Secretary of State
- 40Pupils permanently excluded from, or leaving, maintained schools
- 41Correction of errors and changes in non-domestic rates
- 42Alternative arrangements approved by the Secretary of State
- Part 4: Schemes
- 43Required content of schemes
- 44Approval by the schools forum or the Secretary of State of proposals to revise schemes
- 45Publication of schemes
- Signature
- Schedule 1: CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY
- 1Special educational provision
- 2Special educational provision
- 3Special educational provision
- 4Special educational provision
- 5Special educational provision
- 6Special educational provision
- 7Special educational provision
- 8Access to education
- 9Access to education
- 10Access to education
- 11Access to education
- 12Access to education
- 13Additional education and training for children, young persons and adults
- 14Additional education and training for children, young persons and adults
- 15Other functions
- 16Other functions
- 17Other functions
- 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
- Part 1: Historic commitments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2: Central schools expenditure
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part 3: Other central education expenditure
- 14Asset management
- 15Strategic management
- 16Other functions
- 17Other functions
- 18Other functions
- 19Other functions
- 20Other functions
- 21Other functions
- 22Other functions
- 23Other functions
- 24Other functions
- Part 4: Central early years expenditure
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Part 5: Children and young people with high needs
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Part 6: Items that may be removed from maintained schools’ budget shares – primary and secondary schools
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- Part 7: Items that may be removed from maintained schools’ budget shares – primary, secondary and special schools and pupil referral units
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- Part 8: Deficit from previous funding period
- 81Paragraph 81
- Schedule 3: MINIMUM FUNDING GUARANTEE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 4: CONTENTS OF SCHEMES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Explanatory note