# The School Finance (England) Regulations 2011, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations make provision for the financial arrangements of (1) local authorities in relation to the funding of maintained schools and (2) providers of prescribed early years provision in England for the financial year 2011-2012.
The School Finance (England) Regulations 2006 and the School Finance (Amendment) (England) Regulations 2007 are revoked.
These Regulations define the non-schools education budget (regulation 3 and Schedule 1), the schools budget (regulation 5 and Schedule 2), the central expenditure and the individual schools budget (regulation 7 and Schedule 2). They require local authorities to determine budget shares for schools maintained by them and the amounts to be allocated in respect of nursery classes in schools maintained by them and relevant early years providers in their area in accordance with the appropriate formula (regulations 9 and 10), impose a minimum funding guarantee (regulation 19 and Schedule 4) and impose requirements in relation to local authorities’ schemes (regulation 26 and Schedule 5).
The most significant changes from the 2008 Regulations are as follows.
Prescribed early years provision in the private, voluntary and independent sector is to be funded out of local authorities’ individual schools budgets. (Previously this was funded out of their central expenditure.)
Local authorities are required to use a common formula for determining (1) the budget shares of nursery schools maintained by them (2) the amounts to be allocated in respect of nursery classes in schools maintained by them and (3) the amounts to be allocated to relevant early years providers in their areas (regulation 9(3)). Special arrangements apply to these determinations (regulation 16). Local authorities may take additional factors into account in their formula for determining such shares and amounts (regulation 18(2)(b) and Part 2 of Schedule 3).
Where schools are federated, local authorities may allocate the governing body of the federation a single budget share, rather than a budget share for each school within the federation (regulation 24).
There are changes to the calculation of the minimum funding guarantee (regulation 25 and Schedule 4) and to the circumstances in which the guarantee may be varied or disapplied (regulation 25(3)).
An impact assessment was carried out for the Apprenticeships, Skills, Children and Learning Act 2009, which inserted section 47ZA into the School Standards and Framework Act 1998 (free of charge early years provision outside a maintained school: budgetary framework: England), under which these Regulations are made, in part. The impact assessment can be found on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2011/371/note (the official version)
Page: https://openlegislation.uk/school-finance-england-regulations-2011/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.