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Regulation 28 Minimum per pupil amountI1

England and Wales

(1)

Where the per pupil amount for a school (other than a special school, pupil referral unit or nursery school) is less than the minimum per pupil amount, the local authority must determine (including redetermine) that school’s budget share, excluding any amount to be allocated in respect of nursery classes or community early years provision, based on the minimum per pupil amount.

(2)

In this regulation, the per pupil amount for a school is X/Y, where—

(a)

X is the notional budget share that the school would receive under the formula decided by the local authority under regulation 11(1), but for the operation of this regulation; and

(b)

Y is the number of pupils at the school.

(3)

In calculating X, the local authority must—

(a)

deduct any premises factor allocation from the amount;

(b)

add any amount that is deducted under regulation 12(5) or (6) (applications to a schools forum or to the Secretary of State for authorisation to redetermine budgets), 23(2) (risk protection arrangement), 24(2) (energy scheme factor), 41 (pupils permanently excluded from, or leaving, maintained schools) or 42(1) (correction of errors);

(c)

deduct any amount that is added under regulation 41 or 42(1).

(4)

The minimum per pupil amount for a school is—

A × D + B × E + C × F G

where—

  • A is the number of primary-age year groups in the school;

  • B is the number of key stage 3 year groups in the school;

  • C is the number of key stage 4 year groups in the school;

  • D is the primary-age year group value of £5,115;

  • E is the key stage 3 year group value of £6,388;

  • F is the key stage 4 year group value of £7,018;

  • G is the total number of year groups in the school.

(5)

Where authorised to do so by the Secretary of State under regulation 43(1)(m) or (n), as the case may be, a local authority may—

(a)

vary the year group values D, E or F set out in paragraph (4) for all the schools that are subject to its formula decided under regulation 11(1);

(b)

alter the operation of this regulation in respect of particular schools.

Annotations

Commencement

I1

Reg. 28 in force at 11.2.2026, see reg. 1(2)