{
  "url": "https://openlegislation.uk/school-finance-england-regulations-2008/regulation-20",
  "json_url": "https://openlegislation.uk/school-finance-england-regulations-2008/regulation-20.json",
  "legislation": "uksi/2008/228",
  "legislation_title": "The School Finance (England) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/school-finance-england-regulations-2008",
  "path": "regulation/20",
  "kind": "regulation",
  "number": "20",
  "heading": "Minimum funding guarantee",
  "text": "(1) Subject to paragraph (4), in determining and redetermining budget shares for all schools maintained by them in respect of funding periods 1, 2 and 3, a local education authority must ensure—\n(a) in respect of primary and secondary schools (other than maintained nursery schools), that an amount equal to the guaranteed funding level is included for each of those funding periods, calculated in accordance with paragraphs 1-4 of Schedule 4;\n(b) in respect of special schools, that the formulae must provide for an increase in those schools’ budget shares for each of those funding periods, calculated in accordance with paragraph 5 of Schedule 4; and\n(c) in respect of maintained nursery schools either—\n(i) that an amount equal to the guaranteed funding level is included for each of those funding periods, calculated in accordance with paragraphs 1-4 of Schedule 4, or\n(ii) that the formula must provide for an increase in schools’ budget shares for each of those funding periods, calculated in accordance with paragraph 5 of that Schedule as if every reference to a special school were a reference to a maintained nursery school.\n(2) For the purposes of determining budget shares in respect of funding periods 1, 2 and 3, paragraph (1) does not apply to any school—\n(a) opening during any of these funding periods, except in the circumstances set out in paragraph 4 of Schedule 4; or\n(b) closing during any of these funding periods in circumstances where a local education authority have redetermined that school’s budget share during the relevant funding period.\n(3) For the purpose of initially determining budget shares for funding periods 2 and 3 under regulation 10(a), a local education authority must apply the relevant provisions in Schedule 4 using estimates of—\n(a) the number of registered pupils in schools funded on the basis of pupil numbers in accordance with regulations 15(5) and 17(2); or\n(b) the number of places they wish to fund in accordance with regulation 16(4).\n(4) A local education authority may make changes to the operation of this Regulation and to the operation of Schedule 4 in determining and redetermining budget shares where authorised to do so by the Secretary of State or their schools forum under regulation 25 (additional arrangements).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 20 in force at 29.2.2008, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/228/regulation/20",
    "retrieved_at": "2026-10-29T03:37:11.316035+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."
}