OpenLegislation

Regulation 10 Formulae for determination of budget shares etc. for certain maintained schools and early years providersI1

England and Wales

(1)

A local authority must, before the beginning of the funding period and after carrying out any consultation required by regulation 9(2), decide on the formula which it will use to determine the budget shares for schools which it maintains (other than special schools, pupil referral units and nursery schools), excluding any amount to be allocated in respect of nursery classes or community early years provision in those schools.

(2)

In respect of the funding period, a local authority must use the formula decided under paragraph (1) in all determinations of school budget shares to which that paragraph applies.

(3)

A local authority must, before the beginning of the funding period and after carrying out any consultation required by regulation 9(2) or (3), decide on the formula which it will use to determine—

(a)

the budget shares for nursery schools maintained by it;

(b)

the amounts to be allocated in respect of nursery classes in schools maintained by it;

(c)

the amounts to be allocated to relevant early years providers in its area; and

(d)

the amounts to be allocated in respect of community early years provision in schools maintained by it.

(4)

A local authority must use the formula decided under paragraph (3) when making the determinations referred to in paragraph (3)(a) to (d) in respect of the funding period.

(5)

A local authority must ensure, in the formula decided under paragraph (3), that the predicted total number of hours calculated under regulation 32(1) (special arrangements for early years pupils and children) is multiplied by a rate.

(6)

For the purposes of paragraph (5), a local authority—

(a)

may use a different rate for different relevant groups; but

(b)

must use the same rate for a particular relevant group—

(i)

for each type of early years provider or school referred to in paragraph (3)(a) to (d); and

(ii)

in respect of each pupil or child within the relevant group.

(7)

A local authority may not change its formulae after the funding period has begun.

(8)

The formulae must be decided in accordance with Chapter 1 (requirements, and factors and criteria taken into account – schools other than early years provision), or as the case may be, Chapter 2 (criteria taken into account – early years provision) of Part 3 of these Regulations.

Annotations

Commencement

I1

Reg. 10 in force at 17.2.2025, see reg. 1(2)