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PART 1
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the School Finance (England) Regulations 2006 and shall come into force two days after the day on which they are made.
2
These Regulations apply in relation to the financial years beginning on 1st April 2006 and 1st April 2007.
3
These Regulations apply only in relation to England.
4
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2005 Act ” means the Education Act 2005 ;
“the 2003 (No. 2) Regulations ” means the Financing of Maintained Schools (England) ( No. 2) Regulations 2003 ;
“the 2004 Regulations ” means the Financing of Maintained Schools (England) Regulations 2004 ;
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 ; and
The “ Amended Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget (Amendment) (England) Regulations 2005 ;
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A of the 1998 Act ;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure which shall be treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 2003 ;
“central expenditure” means the total amount deducted by a local education authority from their schools budget;
“ CERA ” means capital expenditure which an authority expect to charge to a revenue account of the authority within the meaning of section 22 of the Local Government Act 2003 ;
a “combined service” is a service funded partly from central expenditure, and partly from other budgets of the authority or contributions from other bodies;
the “Dedicated Schools Grant” is the grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“expenditure on the school specific contingency” is expenditure —
it would not be reasonable to expect a governing body to meet from the school’s budget share;
on increases to a school’s budget share to which the school is entitled by virtue of the authority’s formula or the determination of budget shares under the authority of the schools forum or the Secretary of State; and
on the correction of errors;
“funding period 1” is the financial year beginning on 1st April 2006;
“funding period 2” is the financial year beginning on 1st April 2007;
“key stage 4” means the fourth key stage of the National Curriculum for England comprising core and foundation subjects, and other elements as described in section 85 of the 2002 Act, as amended by any Order made by the Secretary of State under subsection (6)(d) of that section;
a “local education authority’s formula” has the meaning in regulation 9;
the “ LSC ” is the Learning and Skills Council for England ;
a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals for the establishment of the school will be such a school, and which has a temporary governing body;
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools shall include any expenditure of that class or description as the authority may incur in relation to Academies , and to pupils registered at Academies;
a “Performance Reward Grant” is the grant of that name paid under section 31 of the Local Government Act 2003 to reward local authorities for improvements in local services;
“ PFI scheme unitary payment” means a charge payable by a local education authority under a private finance transaction as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
“primary or secondary school” means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
“proper practices” means those accounting practices which a local authority are required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment are generally regarded, whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
“prudential borrowing” means borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate, where the revenue savings that will be achieved are equal to or more than the expenditure that will be incurred in borrowing the money;
“School Improvement Partner” means a person employed by, or engaged to work for, a local education authority in accordance with the programme of that name;
“School Standards Grant” is the grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July, in accordance with the Education (School Day and School Year) (England) Regulations 1999 ;
“ SEN transport costs”, for the purposes of paragraph 35(e) of Schedule 2, means the costs of home to school transport for pupils with special educational needs in schools maintained by the authority, where the revenue savings that will be achieved by placing such children in a school maintained by the authority are equal to, or greater than, the cost of such transport;
“specific grant” means grant, other than the Dedicated Schools Grant and any grant made by the LSC under section 7 of the 2000 Act, paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used;
“summer term” means the third term of the school year;
“Threshold and Performance Pay Grant” means a sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“termination of employment costs”, for the purposes of paragraph 35(b) of Schedule 2, means expenditure in respect of the dismissal or premature retirement of, or for the purpose of securing the resignation of, any person employed in a maintained school where —
the dismissal, premature retirement or resignation occurs after the beginning of funding period 1, and
the revenue savings that will be achieved are equal to or greater than the costs incurred;
“vocational education” means education provided to pupils aged 14–16 years at school or elsewhere which prepares them for a qualification for a particular profession, trade or employment, or which provides the necessary training and skills for such a profession or employment.
Revocation of previous Regulations
2
The 2003 (No. 2) Regulations, the Budget Regulations, and the Amended Budget Regulations are revoked on 1st April 2006.
PART 2
ACTION TO BE TAKEN BY A LOCAL EDUCATION AUTHORITY
CHAPTER 1
appropriation of the lea budget
LEA Budget
3
1
The following classes or descriptions of local education authority expenditure are prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local education authority’s LEA budget, subject to the exceptions in regulation 6 —
a
those specified in Schedule 1, and
b
any other expenditure which falls outside the classes or descriptions of expenditure specified in regulation 5 and Schedule 2 (the schools budget).
2
Any expenditure which falls within the classes or descriptions of expenditure specified in regulation 5 or Schedule 2 is not expenditure prescribed for the purposes of section 45A(1) of the 1998 Act.
CHAPTER 2
determination of schools budgets, individual schools budgets, and budget shares for funding periods 1 and 2
Initial determination of a local education authority’s schools budgets
4
A local education authority must not later than 31st March 2006 —
a
make an initial determination of their schools budgets for funding periods 1 and 2, and
b
give notice of any such determination to the governing bodies of the schools they maintain.
Schools Budget
5
1
The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) and (b) 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 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; and
b
expenditure on the education of pupils at independent schools, non-maintained special schools , 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.
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 35(c) of Schedule 2 is 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 incurred is commensurate with the educational benefit to those pupils.
Exceptions
6
A local education authority’s LEA budget or schools budget shall not include the following classes or descriptions of expenditure —
a
capital expenditure other than CERA;
b
expenditure on capital financing other than expenditure incurred on prudential borrowing;
c
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings); and
d
expenditure met by the local education authority under section 51A of the 1998 Act (community purposes).
Determination of the individual schools budget for funding periods 1 and 2
7
1
Subject to paragraphs (2) and (3), not later than 31st March 2006, a local education authority may deduct from their schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 2 (the “central expenditure”), in order to arrive at their individual schools budgets for funding periods 1 and 2.
2
Any deductions made under paragraph (1) must be made in accordance with the provisions of Schedule 3 (Maximum Increase in Central Expenditure), unless the authority has obtained the approval of their schools forum or the Secretary of State under regulation 13 to vary the limit imposed by that Schedule.
3
In deducting any of the classes or descriptions of planned expenditure referred to in paragraph 35 of Schedule 2, a local education authority must not exceed the limit or exclude the condition referred to in that paragraph, unless they have obtained the approval of their schools forum or the Secretary of State under regulation 13 to vary that limit, or exclude that condition.
4
References to planned expenditure in this regulation are references to that expenditure net of —
a
all related specific grants;
b
all related fees, charges and income; and
c
any funding received from the Secretary of State in respect of PFI scheme unitary payments.
Consultation
8
1
In initially determining schools' budget shares for funding periods 1 and 2, a local education authority may make changes to the formula they have used in the financial year beginning 1st April 2005.
2
A local education authority must consult their schools forum about any proposed changes under paragraph (1), in relation to the factors and criteria taken into account, and the methods, principles and rules adopted.
3
Paragraph (2) shall not apply to changes made pursuant to regulation 19 (sixth form funding) or 23 (permanently excluded pupils).
Formula for determination of budget shares
9
1
A local education authority must determine before the beginning of funding period 1, and after the consultation referred to in regulation 8, the formulae which they will use to determine and redetermine schools' budget shares in funding periods 1 and 2, having regard to the factors, criteria and requirements set out in Part 3.
2
A local education authority may not make changes to their formula for funding period 1 after the beginning of that funding period.
3
A local education authority may make changes to the formula they will use for funding period 2 after the beginning of funding period 1, provided any such change —
a
is made before the beginning of funding period 2, and
b
is approved by their schools forum or the Secretary of State under regulation 25 (additional arrangements).
4
Any formulae determined by a local education authority under paragraph (1) may include different factors, criteria and requirements for different funding periods.
5
A local education authority may not use factors or criteria in their formulae under this Part which make an allowance, in whole or in part, for any amount allocated to a school from any School Standards Grant paid to the authority.
6
Except as provided by paragraph (3), and regulation 25 (additional arrangements), a local education authority must use the formulae determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of funding periods 1 and 2.
Initial determination of allocation of schools' budget shares for funding periods 1 and 2
10
Not later than 31st March 2006, a local education authority must —
a
initially determine the allocation of all their individual schools budget as the budget shares of the schools which they maintain for funding periods 1 and 2 in accordance with Part 3 of these Regulations, and
b
give notice of each school’s budget share for funding period 2 to the governing bodies of the schools which they maintain.
CHAPTER 3
redetermination of schools budgets, individual schools budgets, and schools' budget shares, for funding periods 1 and 2
Redetermination of schools budgets and individual schools budgets
11
1
Subject to paragraphs (2) and (3), a local education authority may make a redetermination of their schools budgets and their individual schools budgets for funding periods 1 and 2 at any time before or during the funding period to which those budgets relate.
2
In making any such redetermination, the authority may only reduce the amount of their schools budgets where they receive an amount of Dedicated Schools Grant which is lower than the amount on which they based their initial determinations under regulation 7.
3
A local education authority may not make deductions of any classes or descriptions of planned expenditure set out in Schedule 2 from their schools budgets which exceed the amount of any deductions they have made under regulation 7, unless they have obtained authorisation to make any such deduction from their schools forum or the Secretary of State under regulation 13.
4
A local education authority may not —
a
exceed the limit or exclude the condition imposed by paragraph 35 of Schedule 2, or
b
exceed the limit imposed by Schedule 3
unless their schools forum or the Secretary of State enable those limits to be varied or that condition to be excluded under regulation 13.
5
Where a local education authority makes a redetermination under paragraph (1), they must give notice of that redetermination to the governing bodies of the schools which they maintain.
Redetermination of allocation of budget shares for funding period 2
12
Not later than 31st March 2007, a local education authority must redetermine any allocation of schools' budget shares under regulation 10(a) for funding period 2 in accordance with Part 3 of these Regulations.
CHAPTER 4
schools forum and secretary of state powers
Applications to the schools forum and the Secretary of State
13
1
Subject to paragraph (2), a local education authority may apply to their schools forum to —
a
authorise the making of deductions from their schools budget of any class or description of expenditure referred to in Schedule 2 where such deductions would exceed the amount of any deductions made previously under regulations 7(1) or 11(3), or
b
enable the limit or the condition imposed by paragraph 35 of Schedule 2, or the limit imposed by Schedule 3, to be varied or excluded.
2
Upon receipt of an application by a local education authority under paragraph (1), their schools forum may authorise the making of further deductions, vary the limit or exclude the condition referred to in paragraph 35 of Schedule 2, or vary the limit in Schedule 3.
3
Where —
a
a schools forum does not authorise the making of deductions, variation of limits, or exclusion of conditions referred to in paragraph (1), or
b
a local education authority is not required to establish a schools forum for their area ,
the authority may make an application to the Secretary of State for such authorisation, variation or exclusion.
PART 3
FORMULAE FOR DETERMINATION OF BUDGET SHARES
CHAPTER 1
factors and criteria taken into account
Pupil numbers
14
1
Subject to paragraphs (2) and (5), in determining and redetermining budget shares for maintained nursery schools, other primary schools and secondary schools, a local education authority must take into account in their formulae for funding periods 1 and 2 the number of registered pupils at those schools on the dates specified in paragraph (6), weighted, if the authority consider it appropriate, in accordance with paragraph (4).
2
For the purposes of paragraph (1), the number of registered pupils does not include pupils —
a
in places —
i
in maintained nursery schools,
ii
in other primary or secondary schools which the authority recognise as reserved for children with special educational needs,
iii
in nursery classes, and
iv
in boarding accommodation at boarding schools other than special schools where the authority exercise their discretion to take these places into account under regulation 15(1)(b);
b
in respect of whom grant is payable to the authority by the LSC; or
c
in infant classes where the authority choose to take the class into account as an additional factor under paragraph 35 of Schedule 4.
3
Where a local education authority exercise their discretion under regulation 15(1) to take into account places, they may also take into account in their formula the number of registered pupils at the schools, or in the reserved places at primary or secondary schools, referred to in that paragraph, on the dates specified in paragraph (6).
4
A local education authority may weight pupil numbers according to any or all of the following factors —
a
age, including weighting according to key stage or year group;
b
whether the pupil is provided with nursery education by a school;
c
in the case of pupils aged under five, their exact age when admitted to the school;
d
in the case of pupils aged under five, whether they have been admitted to the school in excess of the admission number agreed with the authority;
e
in the case of pupils aged under five, hours of attendance;
f
special educational needs;
g
whether the pupil is attending a middle school;
h
whether the pupil is at key stage 4, and spends more than half of his time in full time education accessing vocational education either at school or elsewhere;
i
whether a pupil at a school is also attending a college of further education or a course delivered by any training provider; and
j
whether the pupil is in an infant class (in cases where an infant class is not taken into account as an additional factor under paragraph 35 of Schedule 4).
5
Subject to paragraph (7), for the purposes of determining budget shares for funding period 2 under regulation 10, a local education authority must estimate the number of pupils they will take into account under paragraph (1) for that funding period.
6
The dates for ascertaining pupil numbers are —
a
19th January 2006 in respect of funding period 1, and
b
18th January 2007 in respect of funding period 2.
7
Subject to paragraph (8), where —
a
a primary school operates a policy of admitting children into nursery or reception classes in the summer term, and
b
will admit pupils into such classes in the summer term immediately after either of the dates specified in paragraph (6)
a local education authority may determine a number representing the number of pupils who will be admitted in that summer term, and take such number into account in their formulae for funding period 1 or 2.
8
In determining the number of pupils they will take into account under paragraph (7), a local education authority —
a
must not determine any number which exceeds the number of pupils admitted in the summer term immediately prior to either of the dates specified in paragraph (6), and
b
must make any such determination before the beginning of the funding period during which the pupils will be admitted.
9
A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.
Places
15
1
In determining and redetermining budget shares for funding periods 1 and 2, a local education authority may take into account the number of places they wish to fund —
a
in special schools, or
b
in —
i
maintained nursery schools,
ii
primary or secondary schools with places which the authority recognise as reserved for children with special educational needs,
iii
nursery classes, or
iv
schools with boarding accommodation.
2
In determining and redetermining budget shares for funding periods 1 and 2, a local education authority may take into account the nature of any special educational needs in question when funding places at special schools or places reserved for children with special educational needs in primary and secondary schools.
3
A local education authority must provide that, if any places are taken into account in accordance with paragraph (1)(a), the number must be no fewer than the number of registered pupils at the school on the relevant date in regulation 14(6).
4
For the purpose of determining budget shares for funding period 2 under regulation 10, a local education authority must estimate the number of places they will fund under paragraph (1) for that funding period.
Differential funding
16
1
For the purpose of initially determining budget shares in respect of funding periods 1 and 2, a local education authority must use factors or criteria which differentiate between different categories or descriptions of schools in so far as the functions of the governing bodies of those schools justify such differentiation, but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local education authority must use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice that that school’s governing body have made as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraph 15(a) and (b) (meals), 26 (insurance) or 28 (library services) of Schedule 2.
3
A local education authority are not required to use factors or criteria in their formulae which differentiate between maintained nursery schools, primary schools, secondary schools, special schools, or schools whose pupils are in different age ranges, but they may do so.
Additional factors or criteria
17
1
Subject to regulation 16 (differential funding), a local education authority may, in determining budget shares in respect of funding periods 1 and 2, take into account in their formulae any or all of the factors or criteria set out in Schedule 4.
2
A local education authority must, in determining budget shares for both primary and secondary schools which they maintain, take into account in their formulae a factor or factors based on the incidence of social deprivation among pupils registered at all such schools if they have no factor elsewhere in their formulae which is based on such incidence.
3
A factor included in an authority’s formula pursuant to paragraph 17 of Schedule 4 (school milk, meals and refreshment) is not, for the purpose of paragraph (2), a factor based on the incidence of social deprivation among pupils registered at a school.
4
The factors and criteria set out in Schedule 4 may not be taken into account by a local education authority on the basis of actual or estimated cost unless otherwise stated in that Schedule.
5
Where a local education authority take new factors or criteria into account in their formula or delete factors from their formula or determine a formula substantially or wholly different from the previous year, they may make such transitional provision as they consider reasonable.
Minimum funding guarantee
18
1
Subject to regulation 25 (additional arrangements), in determining and redetermining budget shares for all schools maintained by them in respect of funding periods 1 and 2, a local education authority must ensure —
a
in respect of primary (other than maintained nursery schools) and secondary 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 5;
b
in respect of special schools, that the formula must provide for an increase in those schools' budget shares for each of those funding periods, calculated in accordance with paragraph 5 of Schedule 5; and
c
in respect of maintained nursery schools either —
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 5, or
ii
that the formula must provide for an increase in those 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, save that the figure of 4% must be used instead of the figure of 3.4% where it occurs in paragraph 5 of that Schedule.
2
For the purposes of determining budget shares in respect of funding periods 1 and 2, paragraph (1) does not apply to any school opening during either funding period save in the circumstances set out in paragraph 4 of Schedule 5.
3
For the purpose of determining budget shares for funding period 2 under regulation 10, a local education authority must apply the relevant provisions in Schedule 5 using estimates of —
a
the number of registered pupils in schools funded on the basis of pupil numbers in accordance with regulation 14(5), or
b
the number of places they will fund in accordance with regulation 15(4).
Sixth form funding
19
1
A local education authority must include in a secondary school’s budget share for funding periods 1 and 2 an amount equal to any sum notified to the local education authority by the LSC as being the allocation in respect of that school’s sixth form .
2
A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.
3
A local education authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school under their formula by a sum representing any element which has been duplicated in the LSC’s allocation.
4
A secondary school’s budget share for funding periods 1 and 2 must be redetermined before the end of the relevant funding period where the authority receive a written notification from the LSC of a revised allocation in respect of the sum referred to in paragraph (1).
New, reorganised and closing schools
20
1
A local education authority must include factors or criteria in their formulae which enable them to determine a school’s budget share for funding periods 1 and 2 so as to take into account the particular needs of that school in the following cases —
a
a proposed school;
b
a school, proposals for the establishment of which have not been fully implemented ;
c
a school which is the subject of a prescribed alteration ;
d
a school which is to be discontinued;
e
a school which is to be the subject of a significant change, as determined by the authority.
2
In the case of schools falling within sub-paragraph (1)(a), the authority must, in any funding period preceding the funding period in which the school first admits pupils, determine the amount of the budget as an amount which is sufficient to fund the appointment of staff, and purchase any services and goods necessary to enable the school to admit pupils.
3
In the case of schools falling within sub-paragraph (1)(c), such factors or criteria may only be used within seven years of the date of implementation of the relevant change to the school.
4
For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached —
a
the number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
CHAPTER 2
adjustments
Budget share adjustments in relation to the financial year beginning on 1st April 2005: Pupil numbers
21
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2005 was determined pursuant to regulation 8(1) or (3) of the 2004 Regulations other than in cases where pupil numbers were weighted according to special educational needs.
2
To the extent that a school’s budget share for the financial year beginning on 1st April 2005 was —
a
determined by reference to an estimate of the number of registered pupils at the school; and
b
differences between the estimated number of pupils on the dates determined by the authority in accordance with regulation 9 of the 2004 Regulations, and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share for that financial year,
the local education authority must determine that school’s budget share for funding period 1 so as to take into account those differences.
Budget share adjustments in relation to the financial year beginning on 1st April 2005: Non-pupil number factors
22
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2005 was determined other than pursuant to regulation 8(1) or (3) of the 2004 Regulations or was determined in accordance with pupil numbers weighted according to special educational needs.
2
Where —
a
there has been a change in the data on the basis of which that determination was made; and
b
that change was not taken into account in a redetermination of the school’s budget share for the financial year beginning on 1st April 2005,
the local education authority may determine that school’s budget share for funding period 1 so as to take into account those changes.
Pupils permanently excluded from, or leaving, maintained schools
23
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority must redetermine the school’s budget share for that funding period in accordance with paragraph (2).
2
The school’s budget share must be reduced by the amount
A × ( B / 52 )
where —
A is the amount, in the funding period in which the permanent exclusion takes effect, determined by the authority in accordance with this Part, to be attributable for the full funding period to a registered pupil of the same age and personal circumstances as the pupil in question at primary or secondary schools maintained by the authority:
for the purposes of this definition, the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula as determined in accordance with these Regulations by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criterion not dependent on pupil numbers (except that, where the registered pupil in question is a pupil in respect of whom grant is payable to the authority by the LSC under section 7 of the 2000 Act, the amount attributable to that pupil must be £3,019 for funding period 1 and £3,131 for funding period 2); and
B is the number of complete weeks remaining in the funding period calculated from the relevant date:
except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school prior to being admitted to another school with a different pupil age range, B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil is admitted to a school maintained by a local education authority (“the admitting school”) who has been permanently excluded from another maintained school in that financial year the authority must redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The admitting school’s budget share must be increased by an amount which may not be less than the amount
D × ( E / F )
where —
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded, or would have reduced it had that school been maintained by the authority;
E is the number of complete weeks remaining in the funding period during which the pupil is a registered pupil at the admitting school; and
F is the number of complete weeks remaining in the funding period calculated from the relevant date.
5
For the purposes of this regulation, the relevant date has the meaning prescribed in regulations made under section 494 of the 1996 Act .
6
Paragraphs (1) and (2) also apply where pupils have been deleted from the admissions register of a maintained school —
a
to attend an educational or training establishment other than a maintained school or an independent school, or
b
to access an education programme provided by a registered charity through the internet.
CHAPTER 3
correction of errors and additional arrangements approved by the schools forum or secretary of state
Correction of errors and changes in non-domestic rates
24
1
A local education authority may at any time during funding period 1 or 2 redetermine a school’s budget share for a previous financial year or funding period, or the current funding period, in order to correct an error in a determination or redetermination under these, or previous, Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise, provided the error is of a kind not provided for by any specific error correction provision in the authority’s formula.
2
A local education authority may redetermine a school’s budget share for funding periods 1 and 2 to take into account any changes in that school’s non-domestic rates liability in relation to a current funding period, previous funding period or previous financial year.
3
Insofar as any redetermination under paragraph (1) would require the amount that would otherwise have been the budget share of a school to be reduced, it may not be reduced to a figure which is lower than that which could have been allocated to that school under the regulations in force during the financial year or funding period in which the error occurred.
Additional arrangements approved by the schools forum or the Secretary of State
25
1
The Secretary of State may authorise a local education authority to determine or redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
2
Subject to paragraphs (3) and (4), a schools forum may authorise a local education authority to determine or redetermine budget shares in accordance with arrangements approved by them in place of the arrangements provided for by these Regulations, where such determination or redetermination relates to —
a
the operation of regulation 18; or
b
any change to the formula determined under regulation 9(1) in respect of funding period 2 before the beginning of that funding period.
3
A schools forum may not authorise or approve any arrangements under paragraph (2)(a) that will affect more than 20 per cent of schools maintained by the authority in the funding period to which the authorisation relates.
4
A schools forum may not authorise or approve any arrangements under paragraph (2)(a), the effect of which would be either —
a
to remove the sum notified to the local education authority by the LSC as being the allocation in respect of sixth form funding for secondary schools maintained by the authority from the schools budget, or
b
to remove sixth form pupils from the calculation of the guaranteed funding level (calculated under Schedule 5).
5
Where —
a
a schools forum does not authorise a local education authority’s determination or redetermination of budget shares under paragraph (2), or
b
a local education authority is not required to establish a schools forum for their area,
any determination or redetermination by the authority may be authorised by the Secretary of State.
6
Authorisations given and arrangements approved by the Secretary of State under previous regulations must, unless the contrary intention appears in such authorisation or arrangements, continue to apply in relation to funding period 1.
7
Authorisations given and arrangements approved by the Secretary of State or the schools forum in relation to funding period 1 must, unless the contrary intention appears in such authorisation or arrangements, continue to apply to funding period 2.
PART 4
SCHEMES
Required content of schemes
26
A scheme prepared by a local education authority under section 48(1) of the 1998 Act must deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 6.
Publication of schemes
27
1
A local education authority must publish their scheme in such manner as they see fit.
2
For the purposes of paragraph 1(7)(b) of Schedule 14 to the 1998 Act (prescribed occasions on which publication of schemes is required), a scheme must be published by the local education authority on the coming into force of any revision of it.
Jacqui Smith
Minister of State
Department for Education and Skills
23rd February 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Central Leeds Learning Federation (Change to School Session Times) Order 2006 and shall come into force on 1 st September 2006.
Exemption from the School Session Regulations
2
The Changing of School Session Times (England) Regulations 1999 shall not apply to the governing body in relation to the City of Leeds School of Bedford Field, Woodhouse Cliff, Leeds, West Yorkshire LS6 2LG and the Primrose High School of Hill Street, Leeds, West Yorkshire LS9 7NL.
Time period
3
This Order shall have effect until 31 st December 2006.
Jim Knight
Minister of State
Department for Education and Skills
20th July 2006


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Armed Forces (Entry, Search and Seizure) (Amendment) Order 2006 and shall come into force on the 1st January 2007.
2
In this Order —
a
“ the Act ” means the Armed Forces Act 2001;
b
“the 2003 Order ” means the Armed Forces (Entry, Search and Seizure) Order 2003 .
Amendment of the 2003 Order
2
The 2003 Order shall be amended as set out in the Schedule.
3
This Order shall have effect in relation to warrants applied for under section 5 of the Act on or after 1 st January 2007.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
6th December 2006


text:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Amendment of Section 61(1)) Order 2006 and shall come into force on the day after the day on which it is made.
2
This Order extends to England and Wales only.
2
At the end of section 61(1) of the Serious Organised Crime and Police Act 2005 (offences to which Chapter 1 of Part 2 of that Act applies) there is added —
h
in England and Wales —
i
any common law offence of bribery;
ii
any offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in office);
iii
the first two offences under section 1 of the Prevention of Corruption Act 1906 (c. 34) (bribes obtained by or given to agents).
Vernon Coaker
Parliamentary Under-Secretary of State
Home Office
19th June 2006


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 3) Order 2006 and shall come into force on 11th July 2006.
Specification of Kingston upon Hull City Council as an approved local authority
2
Kingston upon Hull City Council is specified as an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as set out in paragraph (2).
2
After the row in the table relating to Kent County Council there shall be inserted the following row —
Kingston upon Hull City Council S.I. 2006/1515
Signed by authority of the Secretary of State for Transport
G Merron
Parliamentary Under Secretary of State,
Department for Transport
13th June 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity for Work) Amendment Regulations 2006 and shall come into force on 10th April 2006.
2
In these Regulations “the principal Regulations ” means the Social Security (Incapacity for Work) (General) Regulations 1995 .
Amendment of regulation 13A of the principal Regulations
2
In regulation 13A of the principal Regulations (welfare to work beneficiary) —
a
in paragraph (1)(d)(i) —
i
for “within a period of a” substitute “not later than one”, and
ii
after “he” insert “expects to be, or (as the case may be)”;
b
in paragraph (4) for the definition of “immediate past period of incapacity for work” substitute —
“immediate past period of incapacity for work” means —
a period of incapacity for work under section 30C(1) of the Contributions and Benefits Act,
a period of incapacity for work under section 152 of the Contributions and Benefits Act, or
a term composed of a period of incapacity for work under section 30C(1) and a period of incapacity for work under section 152 and includes any two such periods of incapacity for work which are separated by a period of not more than 8 weeks.
.
Amendment of regulation 16 of the principal Regulations
3
For regulation 16 of the principal Regulations (person who works to be treated as capable of work) substitute —
16
1
A person shall be treated as capable of work on each day of any week during which he does work.
2
Paragraph (1) applies even if —
a
it has been determined that he is, or is to be treated under any of regulations 10 to 15 or regulation 27 as, incapable of work, or
b
he meets the conditions set out in regulation 28(2) for treating a person as incapable of work in accordance with the personal capability assessment until a determination has been made in accordance with that assessment.
3
Paragraph (1) does not apply to —
a
work as a councillor disregarded under section 171F of the Contributions and Benefits Act,
b
approved work under regulation 10A,
c
care of a relative or domestic tasks carried out in his own home,
d
any activity he undertakes during an emergency solely to protect another person or to prevent serious damage to property or livestock, or
e
any of the categories of work set out in regulation 17 (exempt work).
4
This regulation is subject to regulation 13(3) (person receiving certain regular treatment).
5
A person who does work to which this regulation applies in a week which is —
a
the week in which he first becomes entitled to a benefit, allowance or advantage on account of his incapacity for work in any period, or
b
the last week in any period in which he is incapable of work,
shall be treated as capable of work by virtue of paragraph (1) only on the actual day or days in that week on which he does that work.
6
In this regulation —
“week” means a period of 7 days beginning with Sunday,
“work” means any work which a person does, whether or not he undertakes it in expectation of payment.
.
Amendment of regulation 17 of the principal Regulations
4
For regulation 17 of the principal Regulations (exempt work) substitute —
17
1
The categories of work referred to in regulation 16(3)(e) are set out in the following paragraphs.
2
Work for which the earnings in any week do not exceed £20.00.
3
Work for which the earnings in any week do not exceed £81.00 and which —
a
is part of a treatment programme and is done under medical supervision while the person doing it is an in-patient, or is regularly attending as an out-patient, of a hospital or similar institution, or
b
is supervised by a person employed by a public or local authority or voluntary organisation engaged in the provision or procurement of work for persons who have disabilities.
4
Work which is done for less than 16 hours a week, for which earnings in any week do not exceed £81.00 and which —
a
is done during a 52 week period beginning on the first day on which the work is done, provided that —
i
the person has not previously done specified work,
ii
since the beginning of the last period of specified work, he has ceased to be entitled to a relevant benefit for a continuous period exceeding 8 weeks, or
iii
not less than 52 weeks have elapsed since he previously did specified work; or
b
is done by a person who is treated as incapable of work under —
i
regulation 10 (persons with a severe condition treated as incapable of work), or
ii
regulation 31(3) and (5)(c) to (k) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (persons treated as incapable of work).
5
Work done in the course of receiving assistance in pursuing self-employed earner’s employment whilst participating in a programme provided or other arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc ).
6
Work done as a volunteer.
7
Duties undertaken on not more than one day a week as —
a
a member of the Disability Living Allowance Advisory Board, or
b
a panel member with a disability qualification, as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , acting as a member of an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 .
8
In this regulation —
“less than 16 hours a week” means —
subject to paragraph (b) or (c), a combined total of less than 16 hours a week,
subject to paragraph (c), an average of less than 16 hours a week in the period which comprises that week and the 4 weeks preceding it, or
an average of less than 16 hours a week in the period of the cycle in which that week falls, where it is established that the work falls into a recognised cycle;
“relevant benefit” means —
incapacity benefit, severe disablement allowance, income support, housing benefit or council tax benefit under the Contributions and Benefits Act, or
credits under regulations under section 22(5) of that Act,
in connection with the entitlement to which the question of the person’s capacity or incapacity for work arises under that Act;
“specified work” means —
work done in accordance with paragraph (4)(a), or
work done in accordance with regulation 17(1A) as then in force;
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit.
.
Transitional
5
1
This regulation applies for the purposes of regulation 17(4)(a) of the principal Regulations as amended by these Regulations.
2
This regulation applies where, before 10th April 2006, a person did work in a specified period in accordance with paragraph (1B)(b), (1C)(b) or (1D)(b) of regulation 17 as it then was of the principal Regulations and the specified period would have ended after 9th April 2006.
3
Where the specified period is the one to which paragraphs (1B)(b) or (1C)(b) of regulation 17 applied, the 52 week period beginning on the first day on which the work is done referred to in regulation 17(4)(a) shall be treated as beginning on the first day of the period specified in regulation 17(1B)(b).
4
Where the specified period is the one to which regulation 17(1D)(b) applied, the 52 week period beginning on the first day on which the work is done referred to in regulation 17(4)(a) shall be treated as beginning on the first day of the period specified in regulation 17(1D)(b).
Signed by authority of the Secretary of State for Work and Pensions.
Anne McGuire
Parliamentary Under Secretary of State,
Department for Work and Pensions
14th March 2006


text:
Citation and Commencement
1
1
This Order may be cited as the European Communities (Definition of Treaties)(Cooperation Agreement between the European Community and its Member States and the Swiss Confederation to Combat Fraud) Order 2006.
2
This Order shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
Specification as Community Treaty
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A K Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Blessed Trinity RC College (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Blessed Trinity RC College, Coal Clough Lane, Burnley, Lancashire, BB11 5BT, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Licensing Procedures) Regulations 2006 and shall come into force on 16th November 2006.
Interpretation
2
In these Regulations —
“apparatus” means apparatus for wireless telegraphy;
“earth station” means a station situated either on the earth’s surface or within the earth’s atmosphere which is intended for communication with a station beyond the earth’s atmosphere;
“equipment” means a station or apparatus;
“fixed station” means a station which only transmits from a fixed location;
“licence” means a licence under section 1 of the Wireless Telegraphy Act 1949;
“mobile station” means a station which transmits while in motion; and
“station” means a station for wireless telegraphy.
Time limits for dealing with the grant of licences
3
A decision on an application for the grant of a licence shall be made, notified to the applicant and published —
a
in the case of any licence relating to radio frequencies allocated for use in the United Kingdom Plan for Frequency Authorisation , not more than six weeks after the day of the receipt of the application; and
b
in any other case as soon as possible after the day of the receipt of the application.
Requirements that must be met for the grant of a licence
4
1
Licences shall be granted by OFCOM, either —
a
in relation to particular equipment; or
b
in relation to any equipment falling within the description specified in the licence and expressed by reference to such factors (including factors confined to the manner in which it is established, installed or used), as are described in the licence.
2
An applicant for the grant of a licence (whether in respect of a station or apparatus) must complete the licence application form which is appropriate for the class of licence being applied for and must provide —
a
the name and address of the applicant;
b
where the duration for which the licence is required is less than twelve months, the duration; and
c
where information is specified as being required in the Schedule to these Regulations for the class of licence concerned, that information.
3
An applicant for the grant of a licence in respect of a station must also provide —
a
the frequencies on which the applicant wishes to operate the station;
b
the location of any proposed fixed station;
c
the position of any remote control point for a fixed station;
d
the purpose or type of service for which the proposed station is intended;
e
the type of station proposed for use;
f
the intended geographical range of operation;
g
the type, position, direction, signal strength, output power and signal beam width of each antenna forming part of the proposed station;
h
the modulation characteristics and data bit rate of —
i
transmissions by the proposed station; and
ii
any transmissions which are for the purpose of station recognition;
i
the call sign desired by the applicant;
j
information required for station site clearance in accordance with the publication UK Radio Site Clearance Procedure published by OFCOM ;
k
in the case of an application in respect of a mobile station, an indication of whether or not the station is to be established on board —
i
an aircraft,
ii
a ship; or
iii
a train; and
l
if the application is in relation to more than one fixed station, the length and direction of proposed transmission signal paths between stations.
Particulars of the terms, provisions and limitations of licences
5
1
Licences are granted subject to —
a
a limitation as to the type of equipment which is authorised;
b
a limitation as to the circumstances of use;
c
a term providing for the licence to commence on the date of its grant and continue in force until revoked by OFCOM or surrendered by the licensee;
d
terms, as to the circumstances in which OFCOM may revoke or vary the licence;
e
terms providing for the manner and payment of fees;
f
a term as to access and inspection by OFCOM of equipment;
g
terms as to the modification or restriction in use of equipment and the circumstances in which OFCOM may require any such equipment to be temporarily closed down; and
h
terms, provisions and limitations as to strength and type of signal.
2
Licences are also granted subject to the other terms, provisions and limitations in the case of any particular licence which are contained in the publication Wireless Telegraphy Act Licences (Terms, Provisions and Limitations) published by OFCOM .
Kip Meek
Chief Policy Partner
For and on the authority of the Office of Communications
16th October 2006