Regulation 5 The schools budgetI1

England and Wales

(1)

The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) to (c) and Schedule 2 are prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, subject to paragraph (2) and the exceptions in regulation 6—

(a)

expenditure on the provision and maintenance of maintained schools and on the education of pupils registered at maintained schools;

(b)

expenditure on the education of pupils at independent schools, non-maintained special schools^f1, pupil referral units, at home or in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local education authority; and

(c)

all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, insofar as that expenditure does not fall within paragraphs (a) or (b).

(2)

Where a local education authority operates a combined service for the benefit of pupils referred to in paragraph (1), expenditure referred to in paragraph 36(c) of Schedule 2 is only expenditure prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, provided that any expenditure is incurred in providing an educational benefit to those pupils.

Annotations

Commencement

I1: Reg. 5 in force at 29.2.2008, see reg. 1(1)

Footnotes

f1: Non-maintained special schools are approved and regulated by regulations made under section 342 of the 1996 Act. Section 342 was substituted by paragraph 82 of Schedule 30 to the 1998 Act.