Regulation 11 Delegated budgets for new schoolsI1

England and Wales

(1)

A new school must have a delegated budget from the appropriate date.

(2)

Subject to paragraphs (3) and (6), the appropriate date is either—

(a)

the date which is fifteen calendar months before the opening date of the new school; or

(b)

the date upon which a temporary governing body is constituted for that school,

whichever is the later.

(3)

On the application of a local authority, their schools forum may—

(a)

vary the appropriate date to a date proposed by the authority;

(b)

vary the appropriate date to a different date; or

(c)

refuse to vary the appropriate date.

(4)

Where—

(a)

a schools forum—

(i)

vary the appropriate date to a different date, or

(ii)

refuse to vary the appropriate date; or

(b)

a local authority are not required to establish a schools forum for their area^f1,

the authority may make an application to the Secretary of State for variation of the appropriate date.

(5)

On the application of a local authority, the Secretary of State may—

(a)

vary the appropriate date to a date proposed by the authority;

(b)

vary the appropriate date to a different date.; or

(c)

refuse to vary the appropriate date.

(6)

A local authority must determine the amount of a new school’s delegated budget for the period from the appropriate date to the opening date as an amount which is sufficient to fund the appointment of staff and to enable the purchase of any goods and services necessary in order to admit pupils.

(7)

After the opening date, a school’s delegated budget must be determined in accordance with the local authority’s formula.

Annotations

Commencement

I1: Reg. 11 in force at 15.3.2011, see reg. 1(1)

Footnotes

f1: Section 47A(2) of the 1998 Act provides that the requirement in section 47A(1) of that Act to establish a schools forum for their area does not apply to the Common Council of the City of London or the Council of the Isles of Scilly.