{
  "url": "https://openlegislation.uk/school-and-early-years-finance-england-regulations-2025/regulation-37",
  "json_url": "https://openlegislation.uk/school-and-early-years-finance-england-regulations-2025/regulation-37.json",
  "legislation": "uksi/2025/42",
  "legislation_title": "The School and Early Years Finance (England) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/school-and-early-years-finance-england-regulations-2025",
  "path": "regulation/37",
  "kind": "regulation",
  "number": "37",
  "heading": "Early years 96% requirement",
  "text": "(1) In determining budget shares and amounts allocated in accordance with regulation 11(9), a local authority must comply with the formula set out in paragraph (2) separately for each relevant group.\n(2) The formula is (A – B) / C is no less than 96% of D, where—\n(a) A is the total of—\n(i) all budget shares and amounts determined by the local authority under regulation 11(9) in respect of the relevant group;\n(ii) any amount deducted by the local authority under paragraph 27 of Schedule 2 (early years contingency fund), which it intends to distribute to early years providers in respect of the relevant group; and\n(iii) any amount of the local authority’s special educational needs inclusion fund which the local authority intends to distribute to early years providers in respect of the relevant group;\n(b) B is the total of—\n(i) where the calculation is being made in respect of three and four year olds, the maintained nursery school supplement;\n(ii) any amount included in accordance with regulation 34(1) or (6) (early years pupil premium) in respect of the relevant group; and\n(iii) any amount included in accordance with regulation 35(1) (disability access fund) in respect of the relevant group;\n(c) C is the total number of hours of attendance of children in the relevant group predicted by the local authority under regulation 32(1) (special arrangements for early years pupils and children); and\n(d) D is the hourly unit funding rate in relation to the relevant group, notified to the local authority in the early years block.\n(3) A local authority may alter the operation of this regulation if authorised to do so by the Secretary of State under regulation 42(1)(q).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 37 in force at 17.2.2025, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/42/regulation/37",
    "retrieved_at": "2026-10-28T21:21:41.279816+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."
}