OpenLegislation

The School Finance (England) Regulations 2008

S.I. 2008/228 · Made 5 February 2008 · Extends to England and Wales

Not fully up to date. 55 changes made by later legislation have not yet been written into this text, which is revised to 29 February 2008.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1 para. 8AinsertedAcademies Act 2010 s. 2(5)
Sch. 2 para. 15(a)modified (temp.)North Yorkshire County Council (School Meals) 2008 art. 3
reg. 9(6)excluded (temp.)North Yorkshire County Council (School Meals) 2008 art. 4(3)
reg. 9(2)excluded (temp.)North Yorkshire County Council (School Meals) 2008 art. 4(2)
reg. 9(1)excluded (temp.)North Yorkshire County Council (School Meals) 2008 art. 4(2)
reg. 7(1)excluded (temp.)North Yorkshire County Council (School Meals) 2008 art. 4(1)
Sch. 2words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(15)
Sch. 2 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(14)
Sch. 1 para. 22words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(13)(c)
Sch. 1 para. 20words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(13)(b)
Sch. 1 para. 19words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(13)(a)
Sch. 1 para. 9words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(13)(a)
Sch. 1 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(12)
reg. 7-28words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(11)
Pt. 2 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(3)
Pt. 2 Ch. 1 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(4)
reg. 1words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(2)
reg. 3 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(5)
reg. 3(1)words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(6)(a)
reg. 3(1)words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(6)(b)
reg. 4 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(7)
reg. 5words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(9)
reg. 6(d)words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(10)(b)
reg. 6words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(10)(a)
Sch. 3 headingwords substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(16)
Sch. 3words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(17)
Sch. 4words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(17)
Sch. 5words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(18)(a)
Sch. 5 para. 9words substitutedLocal Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) 2010 Sch. 2 para. 21(18)(b)
Sch. 1 para. 19words substitutedEducation and Inspections Act 2006 and Education and Skills Act 2008 (Consequential Amendments to Subordinate Legislation) 2010 reg. 11
reg. 21(4)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(4)(a)
reg. 21(3)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(4)(b)
reg. 21(1)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(4)(a)
Sch. 4 para. 1(a)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(6)
reg. 15(2)(b)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(3)
reg. 1(4)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(2)(b)
reg. 1(4)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(2)(a)
reg. 23(2)words omittedApprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) 2010 art. 26(5)
reg. 21(4)words insertedSchool Finance 2010 reg. 5(c)
reg. 23(2)words insertedSchool Finance 2010 reg. 6
reg. 28substitutedSchool Finance 2010 reg. 7
Sch. 4 para. 1(a)words insertedSchool Finance 2010 reg. 8
reg. 15(2)(a)(i)word substitutedSchool Finance 2010 reg. 4(a)(i)
reg. 1(4)words substitutedSchool Finance 2010 reg. 3(c)
reg. 1(4)words substitutedSchool Finance 2010 reg. 3(b)
reg. 1(4)words insertedSchool Finance 2010 reg. 3(a)
reg. 1(4)full stop substituted for semi-colonSchool Finance 2010 reg. 3(d)
reg. 1(4)words insertedSchool Finance 2010 reg. 3(e)
reg. 15(2)(b)words insertedSchool Finance 2010 reg. 4(a)(ii)
reg. 15(4)(h)word omittedSchool Finance 2010 reg. 4(b)
reg. 15(4)(i)full stop substituted for semi-colonSchool Finance 2010 reg. 4(b)
reg. 15(4)(j)insertedSchool Finance 2010 reg. 4(c)
reg. 21(1)words insertedSchool Finance 2010 reg. 5(a)
reg. 21(3)words insertedSchool Finance 2010 reg. 5(b)
RegulationsrevokedSchool Finance 2012 reg. 2

EDUCATION, ENGLAND

Made 5th February 2008

Laid before Parliament 7th February 2008

Coming into force 29th February 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of powers conferred by sections 45(1B)f1, 45Af2, 45AAf3, 47f4, 47A(4)f5, 48(1) and (2)f6, 49(2) and (2A)f7 and 138(7) of, and paragraph 2B of Schedule 14f8 to, the School Standards and Framework Act 1998f9.

Annotations to the whole text

Footnotes

f1

Subsection (1B) was inserted by paragraph 2 of Schedule 16 to the 2005 Act.

f2

Section 45A was inserted by section 41(1) of the 2002 Act, and amended by section 101 of, and paragraph 3 of Schedule 16 to, the 2005 Act.

f3

Section 45AA was inserted by paragraph 4 of Schedule 16 to the 2005 Act.

f4

As amended by section 101 of, and paragraph 6 of Schedule 16 to, the 2005 Act.

f5

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 and section 57 of, and paragraph 2 of Schedule 5 to, the 2006 Act.

f6

Section 48 was amended by section 40 of, and paragraph 2 of Schedule 3 to, the 2002 Act, and section 117 of, and paragraph 7 of Schedule 18 to, the 2005 Act.

f7

Paragraph 4 of Schedule 5 to the 2006 Act substitutes new subsections (2) and (2A) for former subsections (2) and (3) of section 49.

f8

Paragraph 5 of Schedule 5 to the 2006 Act substitutes paragraphs 2A and 2B for paragraph 2 of Schedule 14 to the 1998 Act.

f9

1998 c.31. For the meaning of “prescribed” and “regulations”, see section 142(1) of the 1998 Act.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation, commencement, application and interpretation
  3. 2Revocation of previous Regulations
  4. Part 2: ACTION TO BE TAKEN BY A LOCAL EDUCATION AUTHORITY
  5. Chapter 1: APPROPRIATION OF THE LEA BUDGET
  6. 3The LEA Budget
  7. Chapter 2: DETERMINATION OF SCHOOLS BUDGETS, INDIVIDUAL SCHOOLS BUDGETS, AND BUDGET SHARES FOR FUNDING PERIODS 1, 2 and 3
  8. 4Initial determination of a local education authority’s schools budgets
  9. 5The schools budget
  10. 6Exceptions
  11. 7Determination of the individual schools budget for funding periods 1, 2 and 3 and limit on increase in central expenditure
  12. 8Consultation
  13. 9Formulae for determination of budget shares
  14. 10Initial determination of allocation of schools’ budget shares for funding periods 1, 2 and 3
  15. 11Delegated budgets for new schools
  16. Chapter 3: REDETERMINATION OF SCHOOLS BUDGETS, INDIVIDUAL SCHOOLS BUDGETS AND SCHOOLS’ BUDGET SHARES FOR FUNDING PERIODS 1, 2 AND 3
  17. 12Redetermination of schools budgets and individual schools budgets
  18. 13Redetermination of allocation of budget shares for funding periods 2 and 3
  19. Chapter 4: FURTHER DEDUCTIONS AND VARIATIONS TO LIMITS AUTHORISED BY SCHOOLS FORUMS OR THE SECRETARY OF STATE
  20. 14Applications to the schools forum and the Secretary of State
  21. Part 3: FORMULAE FOR DETERMINATION OF BUDGET SHARES
  22. Chapter 1: FACTORS AND CRITERIA TAKEN INTO ACCOUNT
  23. 15Pupil numbers
  24. 16Places
  25. 17Special arrangements for pupils in maintained nursery schools and nursery classes
  26. 18Differential funding
  27. 19Additional factors or criteria
  28. 20Minimum funding guarantee
  29. 21Sixth form funding
  30. 22New, reorganised and closing schools
  31. Chapter 2: ADJUSTMENTS, CORRECTION OF ERRORS, AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SCHOOLS FORUM OR THE SECRETARY OF STATE
  32. 23Pupils permanently excluded from, or leaving, primary or secondary schools
  33. 24Correction of errors and changes in non-domestic rates
  34. 25Additional arrangements approved by the schools forum or the Secretary of State
  35. Part 4: SCHEMES
  36. 26Required content of schemes
  37. 27Approval by the schools forum or the Secretary of State of proposals to revise schemes
  38. 28Publication of schemes
  39. Signature
  40. Schedule 1CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE LEA BUDGET OF A LOCAL EDUCATION AUTHORITY
  41. 1Special educational provision
  42. 2Special educational provision
  43. 3Special educational provision
  44. 4Special educational provision
  45. 5Special educational provision
  46. 6Special educational provision
  47. 7Special educational provision
  48. 8Special educational provision
  49. 9School improvement
  50. 10Access to education
  51. 11Access to education
  52. 12Access to education
  53. 13Access to education
  54. 14Access to education
  55. 15Access to education
  56. 16Access to education
  57. 17Access to education
  58. 18Further education and training for young persons and adults
  59. 19Further education and training for young persons and adults
  60. 20Strategic management
  61. 21Strategic management
  62. 22Strategic management
  63. 23Strategic management
  64. 24Strategic management
  65. 25Strategic management
  66. 26Strategic management
  67. 27Strategic management
  68. 28Strategic management
  69. 29Strategic management
  70. 30Strategic management
  71. 31Strategic management
  72. Schedule 2CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET
  73. 1Expenditure to support grants which fall within the definition of the schools budget
  74. 2Performance Reward Grant
  75. 3Threshold and Performance Pay
  76. 4Special educational provision
  77. 5Special educational provision
  78. 6Special educational provision
  79. 7Special educational provision
  80. 8Special educational provision
  81. 9Special educational provision
  82. 10Special educational provision
  83. 11Special educational provision
  84. 12Special educational provision
  85. 13Access to education
  86. 14Access to education
  87. 15Access to education
  88. 16Access to education
  89. 17Access to education
  90. 18Access to education
  91. 19Staff
  92. 20Staff
  93. 21Staff
  94. 22Staff
  95. 23Staff
  96. 24Staff
  97. 25Staff
  98. 26Other Expenditure
  99. 27Other Expenditure
  100. 28Other Expenditure
  101. 29Other Expenditure
  102. 30Other Expenditure
  103. 31Other Expenditure
  104. 32Other Expenditure
  105. 33Other Expenditure
  106. 34Other Expenditure
  107. 35Other Expenditure
  108. 36Other Expenditure
  109. Schedule 3: ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY’S FORMULA UNDER REGULATION 19
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. 4Paragraph 4
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. 9Paragraph 9
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. 12Paragraph 12
  122. 13Paragraph 13
  123. 14Paragraph 14
  124. 15Paragraph 15
  125. 16Paragraph 16
  126. 17Paragraph 17
  127. 18Paragraph 18
  128. 19Paragraph 19
  129. 20Paragraph 20
  130. 21Paragraph 21
  131. 22Paragraph 22
  132. 23Paragraph 23
  133. 24Paragraph 24
  134. 25Paragraph 25
  135. 26Paragraph 26
  136. 27Paragraph 27
  137. 28Paragraph 28
  138. 29Paragraph 29
  139. 30Paragraph 30
  140. 31Paragraph 31
  141. 32Paragraph 32
  142. 33Paragraph 33
  143. 34Paragraph 34
  144. 35Paragraph 35
  145. 36Paragraph 36
  146. 37Paragraph 37
  147. Schedule 4: MINIMUM FUNDING GUARANTEE
  148. 1Primary and Secondary Schools
  149. 2Primary and Secondary Schools
  150. 3Primary and Secondary Schools
  151. 4Primary and Secondary Schools
  152. 5Special Schools
  153. Schedule 5CONTENTS OF SCHEMES
  154. Explanatory note