{
  "url": "https://openlegislation.uk/school-and-early-years-finance-england-regulations-2025/regulation-42",
  "json_url": "https://openlegislation.uk/school-and-early-years-finance-england-regulations-2025/regulation-42.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/42",
  "kind": "regulation",
  "number": "42",
  "heading": "Alternative arrangements approved by the Secretary of State",
  "text": "(1) Subject to paragraph (2), on application by a local authority, the Secretary of State may authorise the local authority to—\n(a) disregard the limits referred to in paragraph 3 of Schedule 2 when deducting any expenditure referred to in regulation 8(4) (historic commitments);\n(b) disregard the requirements in regulation 8(9) (deductions etc. of expenditure relating to deficit in the budget for a previous funding period);\n(c) deduct any expenditure referred to in regulation 8(14)(a) (expenditure falling outside Schedule 2);\n(d) include additional factors or criteria in its formula under regulation 10(1) (formula for determining budget shares) where the nature of a school’s premises exceptionally gives rise to significant additional cost;\n(e) include additional factors or criteria that the local authority proposes to include in its formula under regulation 10(3) (early years single funding formula);\n(f) alter the operation of regulation 11(3) (additional costs - pupils with special educational needs);\n(g) determine (including redetermine) budget shares of schools maintained by it;\n(h) determine (including redetermine) amounts to be allocated in respect of nursery classes in schools maintained by it;\n(i) determine (including redetermine) amounts to be allocated to relevant early years providers in its area;\n(j) disregard regulation 13 (pupil numbers);\n(k) alter the operation of regulation 14(3) or (5) (places in pupil referral units or in hospital education);\n(l) alter the operation of regulation 21 (the sparsity factor) in respect of particular schools;\n(m) alter the operation of regulation 27 (minimum per pupil amount) in respect of particular schools;\n(n) alter any or all of the year group values D, E or F set out in regulation 27(4) for all the schools that are subject to the formula decided by the local authority under regulation 10(1);\n(o) alter the operation of regulation 28 (minimum funding guarantee) and Schedule 3 in respect of particular schools;\n(p) alter the operation of regulation 30 (new schools, merged schools and closing schools) in respect of particular schools;\n(q) alter the operation of regulation 37 (early years 96% requirement);\n(r) disregard the requirement in regulation 39(4) (requirement for a provider’s per child amount in respect of disadvantaged two year olds to be equal to, or more than, the per child amount in respect of working parent two year olds).\n(2) The Secretary of State may authorise the matters in paragraph (1) to such extent as the Secretary of State may specify in accordance with arrangements approved in place of the arrangements provided for by these Regulations.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 42 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/42",
    "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."
}