text:
General
Citation and commencement
1
These Regulations may be cited as the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation and scope
2
1
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“adopter”, in relation to a child, means a person by whom the child has been or is to be adopted;
“adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom;
“the Application Regulations ” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003 ;
“ the Board ” means the Commissioners of Inland Revenue;
“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption, and cognate expressions shall be construed accordingly;
“the General Regulations ” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 ;
“official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;
“relevant domestic authority” means —
in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations 2003 apply and who is habitually resident in Wales, the National Assembly for Wales;
in the case of an adopter to whom the Intercountry Adoption (Hague Convention) (Scotland) Regulations apply and who is habitually resident in Scotland, the Scottish Ministers;
in any other case, the Secretary of State;
“statutory paternity pay (adoption)” means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act, as modified by the Application Regulations, where the conditions specified in section 171ZB(2) of the Act, as modified by the Application Regulations, are satisfied.
2
References in these Regulations to the provisions of Parts 12ZA and 12ZB of the Act are to be construed as references to those provisions as modified by the Application Regulations.
3
These Regulations apply to statutory paternity pay (adoption) and statutory adoption pay in respect of adoptions from overseas.
Application of the General Regulations to these Regulations
3
1
Subject to paragraph (2), the provisions of the General Regulations mentioned in paragraph (3) shall, in so far as they apply to statutory paternity pay (adoption) and statutory adoption pay, apply to adoptions from overseas.
2
Any references to the provisions of Parts 12ZA or 12ZB of the Act in the regulations of the General Regulations mentioned in paragraph (3) shall be construed as references to those provisions as modified by the Application Regulations.
3
The provisions of the General Regulations referred to in paragraph (1) are regulations 17 to 19, 26 to 28, 31 to 39, 41 to 47 and, subject to paragraph (4), regulation 40.
4
In the General Regulations, the provisions of regulation 40 shall apply as if —
a
in paragraph (2)(b), for “the adopter is notified of being matched with the child for the purposes of adoption” there were substituted “the adopter receives official notification”;
b
at the end of paragraph (2), there were added ““official notification” has the same meaning as in the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay Adoption from Overseas) Regulations 2003 ”.
Application
4
1
Subject to the provisions of Part 12ZA of the Act (statutory paternity pay), the provisions of the General Regulations mentioned in paragraph (3) of regulation 3 and these Regulations, there is entitlement to statutory paternity pay (adoption) in respect of children who enter Great Britain on or after 6th April 2003.
2
Subject to the provisions of Part 12ZB of the Act (statutory adoption pay), the provisions of the General Regulations mentioned in paragraph (3) of regulation 3 and these Regulations, there is entitlement to statutory adoption pay in respect of children who enter Great Britain on or after 6th April 2003.
Statutory paternity pay (adoption)
Conditions of entitlement to statutory paternity pay (adoption) in respect of adoptions from overseas: relationship with child and with adopter
5
1
The conditions prescribed under section 171ZB(2)(a) of the Act are that a person —
a
is married to or the partner of a child’s adopter (or in a case where there are two adopters, married to or the partner of the other adopter), and
b
has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter, or in a case where there are two adopters, together with the other adopter) for the upbringing of the child.
2
For the purposes of paragraph (1), “partner” means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph (3).
3
The relatives of a child’s adopter referred to in the definition of “partner” in paragraph (2) are the adopter’s parent, grandparent, sister, brother, aunt or uncle.
4
References to relationships in paragraph (3) —
a
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
b
include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships.
Period of payment of statutory paternity pay (adoption) in respect of adoptions from overseas
6
1
Subject to notice under section 171ZC(1) of the Act, paragraph (2) and regulation 8, a person entitled to statutory paternity pay (adoption) may choose the statutory paternity pay period to begin on —
a
the date on which the child enters Great Britain or, where the person is at work on that day, the following day;
b
a predetermined date, specified by the person, which is later than the date on which the child enters Great Britain.
2
In a case where statutory paternity pay (adoption) is payable in respect of a child where the adopter has received official notification before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, later than the date of entry, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (adoption) agrees to the period beginning earlier.
3
A person may choose for statutory paternity pay (adoption) to be paid in respect of a period of a week.
4
A choice made in accordance with paragraph (1) or a date specified in accordance with paragraph (2) is not irrevocable, but where a person subsequently makes a different choice or specifies a different date in relation to the beginning of the statutory paternity pay period, section 171ZC(1) of the Act shall, subject to paragraph (2), apply to it.
Additional notice requirements for statutory paternity pay (adoption) in respect of adoptions from overseas
7
1
Where a person gives notice under section 171ZC(1) of the Act he shall give further notice of the following matters to the person liable to pay him statutory paternity pay (adoption) —
a
the date on which official notification was received, within 28 days of that date, or within 28 days of his completion of 26 weeks of continuous employment with that person, whichever is the later;
b
the date on which the child enters Great Britain, within 28 days of entry.
2
Where the child has not entered Great Britain on the expected date, the person shall, if he wishes to claim statutory paternity pay (adoption), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which stautory paternity pay is to be paid shall begin on a date different from that originally chosen by him.
3
That date may be any date chosen in accordance with paragraph (1) of regulation 6 or specified in accordance with paragraph (2) of that regulation.
4
Where it becomes known to the person that the child will not enter Great Britain, he shall notify the person who would have been liable to pay statutory paternity pay (adoption), as soon as is reasonably practicable.
Qualifying period for statutory paternity pay (adoption) in respect of adoptions from overseas
8
The qualifying period for the purposes of section 171ZE(2) of the Act (period within which the statutory pay period must occur) is a period of 56 days beginning with the date the child enters Great Britain.
Evidence of entitlement for statutory paternity pay (adoption) in respect of adoptions from overseas
9
1
A person shall produce evidence of his entitlement to statutory paternity pay (adoption) in respect of adoptions from overseas by providing in writing to the person who will be liable to pay him statutory paternity pay (adoption) the declarations specified in paragraph (2) and the information specified in paragraph (3).
2
The declarations referred to in paragraph (1) are as follows —
a
that he meets the conditions prescribed under section 171ZB(2)(a) of the Act and that it is not the case that statutory paternity pay (adoption) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act;
b
that he has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act;
c
that official notification has been received.
3
The information referred to in paragraph (1) is as follows —
a
the name of the person claiming statutory paternity pay (adoption);
b
the date on which it is expected that the child will enter Great Britain or, where the child has already entered Great Britain, that date;
c
the date from which it is expected that the liability to pay statutory paternity pay (adoption) will begin;
d
whether the period chosen in respect of which statutory paternity pay (adoption) is to be payable is a week.
4
The declarations mentioned in paragraph (2) and information mentioned in paragraph (3) shall be provided to the person liable to pay statutory paternity pay (adoption) at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (3) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.
Entitlement to statutory paternity pay (adoption) where there is more than one employer in respect of adoptions from overseas
10
Statutory paternity pay (adoption) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer —
a
who is not liable to pay him statutory paternity pay (adoption); and
b
for whom he has worked in the week in which the adopter receives official notification.
Avoidance of liability for statutory paternity pay (adoption) in respect of adoptions from overseas
11
1
A former employee shall be liable to make payments of statutory paternity pay (adoption) to a former employee in any case where the employee has been employed for a continuous period of at least 8 weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory paternity pay (adoption).
2
In a case falling within paragraph (1) —
a
the employee shall be treated as if he had been employed for a continuous period ending with the day the child enters Great Britain;
b
his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of 8 weeks ending with the last day in respect of which he was paid under his former contract of service.
Statutory adoption pay
Adoption pay period in respect of adoptions from overseas
12
1
Subject to notice under section 171ZL(6) of the Act and paragraph (2), a person entitled to statutory adoption pay may choose the adoption pay period to begin —
a
on the date on which the child enters Great Britain or, where the person is at work on that day, on the following day;
b
on a predetermined date, specified by him, which is no later than 28 days after the date the child enters Great Britain.
2
In a case where statutory adoption pay is payable in respect of a child where the adopter has received official notification before 6th April 2003, the statutory adoption pay period shall begin on a predetermined date, later than the date of entry, specified by the person entitled to such pay in a notice under section 171ZL(6) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory adoption pay agrees to the period commencing earlier.
3
Where the choice made is that mentioned in sub-paragraph (b) of paragraph (1), the adoption pay period shall, unless the employer agrees to the adoption pay period beginning earlier, begin no earlier than 28 days after notice under section 171ZL(6) of the Act has been given.
4
Subject to regulation 13, the duration of any adoption pay period shall be a continuous period of 26 weeks.
5
A choice made under paragraph (1), or a date specified under paragraph (2), is not irrevocable, but where a person subsequently makes a different choice or specifies a different date in relation to the beginning of the statutory adoption pay period, section 171ZL(6) of the Act shall, subject to paragraph (2), apply to it.
Adoption pay period in respect of adoptions from overseas where adoption is disrupted
13
1
Where after a child enters Great Britain the child —
a
dies; or
b
ceases to live with the adopter,
the adoption pay period shall terminate in accordance with the provisions of paragraph (2).
2
The adoption pay period shall, in a case falling within paragraph (1), terminate 8 weeks after the end of the week specified in paragraph (3).
3
The week referred to in paragraph (2) is —
a
in a case falling within paragraph (1)(a), the week during which the child dies;
b
in a case falling within paragraph (1)(b), the week during which the child ceases to live with the adopter.
4
For the purposes of paragraph (3), “week” means a period of seven days beginning with Sunday.
Additional notice requirements for statutory adoption pay in respect of adoptions from overseas
14
1
Where a person gives notice under section 171ZL(6) of the Act he shall give further notice of the following matters to the person liable to pay him statutory adoption pay —
a
the date on which official notification was received, within 28 days of that date, or within 28 days of his completion of 26 weeks of continuous employment, whichever is the later;
b
the date on which the child enters Great Britain, within 28 days of entry.
2
Where the child has not entered Great Britain on the expected date, the person shall, if he wishes to claim statutory adoption pay, give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory adoption pay is to be paid shall begin on a date different from that originally chosen by him.
3
That date may be any date chosen in accordance with paragraph (1) of regulation 12 or specified in accordance with paragraph (2) of that regulation.
4
Where it becomes known to the adopter that the child will not enter Great Britain, he shall notify the person who would have been liable to pay statutory adoption pay as soon as is reasonably practicable.
Evidence of entitlement to statutory adoption pay in respect of adoptions from overseas
15
1
A person shall provide evidence of his entitlement to statutory adoption pay by providing, to the person who will be liable to pay it, a copy of the official notification and, in writing —
a
the information specified in paragraph (2);
b
a declaration that he has elected to receive statutory adoption pay, and not statutory paternity pay (adoption) under Part 12ZA of the Act;
c
evidence, to be provided within 28 days of the child’s entry into Great Britain, as to that date.
2
The information referred to in paragraph (1) is —
a
the name and address of the person claiming statutory adoption pay;
b
the date on which it is expected that the child will enter Great Britain or, where he has already done so, that date.
3
The information and declaration referred to in paragraph (1), other than that mentioned in sub-paragraph (c) of paragraph (1), shall be provided to the person liable to pay statutory adoption pay at least 28 days before the date chosen as the beginning of the adoption pay period in accordance with paragraph (1) of regulation 12 or specified in accordance with paragraph (2) of that regulation or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.
Entitlement to statutory adoption pay in respect of adoptions from overseas where there is more than one employer
16
Statutory adoption pay shall be payable to a person in respect of a week during any part of which he works only for an employer —
a
who is not liable to pay him statutory adoption pay; and
b
for whom he has worked in the week in which he receives official notification.
Termination of employment and liability to pay statutory adoption pay in respect of adoptions from overseas
17
1
Where the employment of a person who satisfies the conditions of entitlement to statutory adoption pay in respect of adoptions from overseas terminates for whatever reason (including dismissal) before the adoption pay period chosen or specified by that person in accordance with regulation 12 has begun, the period shall begin on a date chosen by that person which is at least 28 days after notice has been given and within 28 days of the date of the child’s entry into Great Britain.
2
Where the statutory adoption pay period has not commenced within a period of six months of the adopter’s leaving his employer, liability to pay statutory adoption pay shall, notwithstanding section 171ZM(1) of the Act, pass to the Board.
3
Where liability to pay statutory adoption pay has passed to the Board in accordance with paragraph (2) and the adopter, having started employment as an employed earner, becomes entitled to statutory adoption pay by virtue of that employment, the liability of the Board shall cease and section 171ZM(1) of the Act shall apply.
Avoidance of liability for statutory adoption pay in respect of adoptions from overseas
18
1
A former employer shall be liable to make payments of statutory adoption pay to a former employee in any case where the employee had been employed for a continuous period of at least eight weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory adoption pay.
2
In a case falling within paragraph (1) —
a
the employee shall be treated as if he has been employed for a continuous period ending with the week in which he received official notification; and
b
his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of eight weeks ending with the last day in respect of which he was paid under his former contract of service.
Signed by authority of the Secretary of State for Trade and Industry
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,Department of Trade and Industry
11th March 2003
The Commissioners of Inland Revenue hereby concur
Tim Flesher,
Dave Hartnett,
Two of the Commissioners of Inland Revenue
11th March 2003


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Finance Act 2003, Section 168 (Appointed Day) Order 2003.
Appointed day
2
The day appointed for the purposes of section 168 of the Finance Act 2003 (relief for research and development) is 27th September 2003.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
26th September 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Complaints) (General) (Amendment) Regulations 2003 and shall come into force on 15th November 2003.
2
In these Regulations “the 1985 Regulations ” means the Police (Complaints) (General) Regulations 1985 .
Amendments to the 1985 Regulations
2
1
Regulation 2 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the definitions “the appropriate authority”, “ the Authority ” and “complaint” there shall be substituted —
“the appropriate authority” has the meaning assigned to it by section 65 of the 1996 Act ;
“the Authority” means the Police Complaints Authority;
“complaint” means a complaint to which Chapter 1 of Part 4 of the 1996 Act applies and “copy of a complaint”, in the case of a complaint made orally, shall include a copy of the record of the complaint;
.
3
In paragraph (1) the following definitions shall be inserted in the appropriate place —
“the 1996 Act” means the Police Act 1996;
“the 1997 Act ” means the Police Act 1997;
.
4
The following paragraph shall be inserted —
1A
In these Regulations —
a
a reference to a police force shall include a reference to the National Crime Squad;
b
a reference to a chief officer shall include a reference to the Director General of the National Crime Squad; and
c
a reference to a police authority shall include a reference to the Service Authority for the National Crime Squad.
.
3
1
Regulation 4 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the words “89 of the Act of 1984” there shall be substituted “72 of the 1996 Act”.
4
1
Regulation 5 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the words “87 or 88 of the Act of 1984” there shall be substituted “70 or 71 of the 1996 Act”.
5
1
Regulation 7 of the 1985 Regulations shall be amended as follows.
2
For the words “89(7) of the Act of 1984” there shall be substituted “73(2) of the 1996 Act”.
3
For the words “paragraphs (a) and (b) of subsection (10) of that section” there shall be substituted “paragraphs (a) to (c) of subsection (9) of that section”.
6
1
Regulation 8 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the words “90 of the Act of 1984” there shall be substituted “75(4) or (5) of the 1996 Act”.
3
In paragraph (1) for the words “93 of that Act” there shall be substituted “76 of the 1996 Act”.
4
In paragraph (3) for the words “with the leave of the Authority given in pursuance of section 93(6) of the Act of 1984” there shall be substituted “following the withdrawal of a direction by the Authority under section 76(6) of the 1996 Act”.
5
Paragraph (5) shall be omitted.
7
1
Regulation 10 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the words “87(1)(a)(i) of the Act of 1984” there shall be substituted “70(1)(a)(i) of the 1996 Act”.
3
In paragraph (2) for the words “87(2) of the Act of 1984” there shall be substituted “70(2) of the 1996 Act”.
8
1
Regulation 11 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the words “Part IX of the Act of 1984” there shall be substituted “Chapter 1 of Part 4 of the 1996 Act”.
3
In paragraph (2)(b) for the words “87(1) or (2) of the Act of 1984” there shall be substituted “70(1) or (2) of the 1996 Act”.
4
In paragraph (2)(c) for the words “90(9) of that Act” there shall be substituted “75(6) of the 1996 Act”.
9
1
Regulation 13 of the 1985 Regulations shall be amended as follows.
2
In paragraph (1) for the words “sections 84 to 94 of the Act of 1984 (other than his functions or duties under section 94(3) thereof)” there shall be substituted “sections 67 to 79 of the 1996 Act and section 83 of the 1997 Act”.
3
In paragraph (1) for the words “99 thereof” there shall be substituted “81 of the 1996 Act or section 83 of the 1997 Act”.
4
In paragraph (3) for the words “Part IX of the Act of 1984” there shall be substituted “Chapter 1 of Part 4 of the 1996 Act or section 83 of the 1997 Act”.
National Crime Squad (Complaints) Regulations 1998
10
Part 1 (regulations 3 to 12) of the National Crime Squad (Complaints) Regulations 1998 shall be revoked.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Prohibition from Teaching or Working with Children) Regulations 2003.
2
These Regulations shall come into force on 1st June 2003.
3
Subject to paragraph (4), these Regulations shall apply to England and Wales.
4
Regulation 4 does not apply to Wales.
Interpretation
2
In these Regulations —
“the 1998 Act ” means the Teaching and Higher Education Act 1998;
“the 2002 Act ” means the Education Act 2002;
“the 2000 Regulations ” means the Education (Restriction of Employment) Regulations 2000 ;
“agent” has the meaning given by section 15A(1) of the 1998 Act;
“arrangements” means arrangements of the kind referred to in section 15A(1) of the 1998 Act for a worker to carry out work in England;
“certificate of conviction” has the meaning given by section 73(2) of the Police and Criminal Evidence Act 1984 ;
“child” has the meaning given by section 142(9) of the 2002 Act;
“disqualification order” means an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 ;
“relevant date” has the same meaning as in section 33(6) of the Criminal Justice and Court Services Act 2000;
“relevant employer” has the meaning given by section 142(9) of the 2002 Act;
“relevant issue” means an issue which arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of children;
“relevant offence” has the same meaning as in Schedule 2 to the 1998 Act;
“services” means services provided to a relevant employer in England and includes professional and voluntary services;
“Tribunal” means the tribunal established under section 9 of the Protection of Children Act 1999 ; and
“worker” has the meaning given by section 15A(1) of the 1998 Act.
Revocations, transitional and modifying provisions
3
1
The 2000 Regulations and the Education (Restriction of Employment) (Amendment) Regulations 2001 are revoked.
2
Any prohibition or restriction on a person’s employment in force immediately before 1st June 2003 which —
a
is contained in a direction under regulation 5 of the 2000 Regulations; or
b
has effect, by virtue of regulation 2 of the 2000 Regulations, as if so contained,
shall have effect as if it were contained in a direction under section 142 of the 2002 Act.
3
Any such direction given on the grounds that the person concerned is not a fit and proper person to be employed as a teacher or worker with children or young persons shall have effect as if it were given on the grounds that the person is unsuitable to work with children.
4
Subject to paragraph (5), any order disqualifying a person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school made under section 470 or 471 of the Education Act 1996 shall have effect as if it was a direction under section 142 of the 2002 Act.
5
Any order disqualifying a person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school made under section 470 or 471 of the Education Act 1996 on the grounds that the person is unsuitable to work with children shall have effect as if it was a direction under section 142 of the 2002 Act given on the grounds that the person is unsuitable to work with children.
6
During the period beginning on 1st June 2003 and ending on the day on which section 468 of the Education Act 1996 is repealed in accordance with section 216(4) of, and Part 3 of Schedule 22 to, the 2002 Act, section 468 shall have effect as though there were substituted for the words “regulations under section 218(6) of the Education Reform Act 1988 (employment prohibited or restricted on medical grounds or for misconduct etc )”, the words “a direction under section 142 of the Education Act 2002 (prohibition from teaching, etc. )”.
Supply of information following dismissal, resignation, etc
4
1
Where a relevant employer —
a
has ceased to use a person’s services on a ground —
i
that the person is unsuitable to work with children;
ii
relating to the person’s misconduct; or
iii
relating to the person’s health where a relevant issue is raised, or
b
might have ceased to use a person’s services on such a ground had the person not ceased to provide those services,
the relevant employer shall report the facts of the case and provide all the information listed in Part 1 of Schedule 1 that is available to the relevant employer in relation to such person to the Secretary of State.
2
Where an agent —
a
has terminated arrangements on a ground —
i
that the person is unsuitable to work with children;
ii
relating to the person’s misconduct; or
iii
relating to the person’s health where a relevant issue is raised;
b
might have terminated the arrangements on such a ground if the worker had not terminated them; or
c
might have refrained from making new arrangements for a worker on such a ground if the worker had not ceased to make himself available for work,
the agent shall report the facts of the case and provide all the information listed in Part 2 of Schedule 1 that is available to the agent in relation to such person to the Secretary of State.
3
A relevant employer or agent shall provide the Secretary of State such further information as may be requested by the Secretary of State which he considers relevant to the exercise of his functions under section 142 of the 2002 Act.
Consultation
5
1
Save where regulation 8 applies, where the Secretary of State is satisfied that a person is carrying out work to which section 142 of the 2002 Act applies, he shall not exercise his powers under that section in relation to that person without first consulting his relevant employer.
2
Save where regulation 8 applies, where the Secretary of State is satisfied that a person is carrying out work to which section 142 of the 2002 Act applies pursuant to arrangements made by an agent, he shall not exercise his powers under that section in relation to that person without first consulting that agent.
Representations, evidence and information
6
1
Subject to paragraph (3) and save where regulation 8 applies, where the Secretary of State is considering exercising his powers under section 142 of the 2002 Act he shall afford the person concerned the opportunity to make representations to him and, where appropriate, submit medical evidence or other evidence to him within 2 months of the date on which notice of that opportunity is served on the person concerned or, where he is satisfied that the person had good reason not to make such representations or submit such evidence within that period, such further period as the Secretary of State considers reasonable.
2
A notice shall be deemed to be served for the purposes of this regulation 48 hours after the date on which it is sent.
3
Paragraph (1) shall not apply where service cannot be effected by reason of the inability of the Secretary of State to ascertain the whereabouts of the person concerned.
Medical examination and evidence
7
1
Where the Secretary of State is considering exercising his powers under section 142 of the 2002 Act he may request the person concerned to submit himself for examination by a qualified medical practitioner appointed by the Secretary of State.
2
At any time before such medical examination, the Secretary of State or the person concerned may submit to the qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination.
3
The medical examination may be attended by a qualified medical practitioner appointed for the purpose by the person being examined.
Automatic prohibition
8
1
This regulation applies in the case of a person who —
a
subject to paragraph (5), on or after 1st November 1995 —
i
has pleaded guilty to or been found guilty of an offence set out in Schedule 2 against or involving a child under the age of sixteen or who has pleaded guilty to or been found guilty of an attempt to commit any such offence, before or by a court in the United Kingdom;
ii
was carrying out work to which section 142 of the 2002 Act applies before or at the time he committed or was convicted of the offence; and
iii
was aged eighteen or over at the time the offence was committed;
b
is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children); or
c
on or after 1st June 2003 —
i
is made subject to a disqualification order; and
ii
was carrying out work to which section 142 of the 2002 Act applies before or at the time he committed or was convicted of the offence to which the disqualification order relates.
2
Where paragraph (1)(a) applies the Secretary of State shall, on receipt of a certificate of conviction in respect of an offence referred to in that paragraph committed by the person concerned, determine that the person concerned is unsuitable to work with children, and give a direction in accordance with section 142(1)(a) of the 2002 Act.
3
Where paragraph (1)(b) applies, the Secretary of State shall, on receipt of notification that the person concerned has been included in the list referred to in that paragraph, give a direction in accordance with section 142(1)(a) of the 2002 Act.
4
Where paragraph (1)(c) applies, the Secretary of State shall, on receipt of notification that the person concerned is subject to a disqualification order, determine that the person is unsuitable to work with children, and give a direction in accordance with section 142(1)(a) of the 2002 Act.
5
In relation to the offences of murder (paragraphs 14, 31 and 44 of Schedule 2) and the offences contrary to section 1(1)(c) of the Protection of Children Act 1978 , section 52(1)(c) of the Civil Government (Scotland) Act 1982 and article 3(1)(c) of the Protection of Children (Northern Ireland) Order 1978 (possession of indecent photographs of children in paragraphs 13, 27 and 42 of Schedule 2) this regulation only applies where a person has pleaded guilty or been found guilty on or after 1st June 2003.
Review by the Secretary of State
9
1
Save where —
a
regulation 8(1)(b) or (c) applies, or
b
a direction was given on the grounds that a person is unsuitable to work with children and the person claims that he is no longer unsuitable to work with children,
a direction given under section 142 of the 2002 Act (“the earlier direction”) may be revoked or varied by a subsequent direction on either or both of the grounds referred to in paragraph (2).
2
The grounds upon which an earlier direction may be revoked or varied under paragraph (1) are that —
a
the Secretary of State is in possession of information relevant to the decision to give the earlier direction which he did not have at the time that the decision was made; and
b
the Secretary of State is in possession of evidence of a material change of circumstances of the person concerned occurring since the earlier direction was given.
3
Where regulation 8(1)(b) applies an earlier direction shall be revoked if the name of the person concerned is removed from the list referred to in that paragraph.
4
Where regulation 8(1)(c) applies an earlier direction shall be revoked if the disqualification order ceases to have effect.
Review by the Tribunal
10
1
Subject to regulation 11, a person subject to a direction given under section 142 of the 2002 Act on the grounds that he is unsuitable to work with children may make an application to the Tribunal under this regulation.
2
On an application under this regulation the Tribunal shall determine whether or not the individual should continue to be subject to the direction.
3
If the Tribunal is satisfied that the person is no longer unsuitable to work with children it shall revoke the direction; otherwise it shall dismiss the application.
11
1
A person may only make an application under regulation 10 with the leave of the Tribunal.
2
An application for leave under this regulation may not be made unless the appropriate conditions are satisfied in the person’s case.
3
In the case of a person who was a child when he was made subject to a direction given under section 142 of the 2002 Act, the appropriate conditions are satisfied if —
a
at least five years have elapsed since —
i
where regulation 8(1)(b) applies, he was included in the list kept under section 1 of the Protection of Children Act 1999;
ii
where regulation 8(1)(c) applies, the relevant date; or
iii
otherwise, he was made subject to the direction, and
b
in the period of five years ending with the time when he makes the application under this regulation, he has made no such other application.
4
In the case of any other person, the appropriate conditions are satisfied if —
a
at least ten years have elapsed since —
i
where regulation 8(1)(b) applies, he was included in the list kept under section 1 of the Protection of Children Act 1999;
ii
where regulation 8(1)(c) applies, the relevant date; or
iii
otherwise, he was made subject to the direction, and
b
in the period of ten years ending with the time when he makes the application under this regulation, he has made no other such application.
5
The Tribunal shall not grant an application under this regulation unless it considers —
a
that the person’s circumstances have changed since he was made subject to the direction, or, as the case may be, since he last made an application under this regulation; and
b
that the change is such that leave should be granted.
Appeals
12
1
Subject to paragraphs (2) and (3) an appeal to the Tribunal may be brought by a person in respect of whom a direction has been given under section 142 of the 2002 Act —
a
save where regulation 8 applies, against a direction given to him by the Secretary of State under section 142 of the 2002 Act; and
b
save where regulation 8(1)(b) or (c) applies, against a refusal by the Secretary of State to revoke or vary a direction given to him under section 142 of the 2002 Act following consideration of the information or evidence referred to in regulation 9.
2
No appeal may be brought on the ground of information or evidence referred to in regulation 9(2) unless that information or evidence has first been brought to the attention of the Secretary of State under regulation 9.
3
Where a person has been convicted of any offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under these Regulations.
The Tribunal’s powers
13
1
Where on an appeal under regulation 12 the Tribunal considers that the direction is not appropriate it may order the Secretary of State to revoke or vary the direction.
2
The Tribunal shall not, in exercising its powers under this regulation, consider —
a
any information relevant to the decision to give a direction or not to revoke or vary a direction which the Secretary of State did not have at the time the decision was made; or
b
any evidence of a material change of circumstances of the person concerned occurring since the decision to give a direction or not to revoke or vary a direction was given.
David Miliband
Minister of State,
Department for Education and Skills
29th April 2003


text:
1
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 6) Order 2003.
2
In this Order —
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002; and
“application” means an application for registration or naturalisation under any provision of the 1981 Act.
2
The following provisions of the Nationality, Immigration and Asylum Act 2002 shall come into force on 1st January 2004:
a
section 3 and Schedule 1; and
b
section 14.
3
The provisions commenced by this Order shall not have effect in relation to any application made before 1st January 2004; and any provision of the 1981 Act which is replaced or amended by those provisions, and any subordinate legislation which applies to such a provision of the 1981 Act, shall continue to have effect in relation to such an application as if the replacement or amendment had not been made.
4
Section 50(8) of the 1981 Act (which makes provision for the date on which an application is made for the purposes of the Act) applies for the purposes of article 3 as it applies for the purposes of that Act.
Beverley Hughes
Minister of State
Home Office
8th December 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2003 and shall come into force on 17th November 2003.
2
Regulations 3, 4, 5(c) and 7 of these Regulations, and the provisions inserted by regulation 6 of these Regulations (so far as those provisions relate to regulation 7(2)(ga) of the principal Regulations), shall have effect from the coming into force of these Regulations.
3
These Regulations shall otherwise have effect from 6th April 2004.
2
The Individual Savings Account Regulations 1998 (“the principal Regulations”) are amended as follows.
3
In regulation 2(1)(b) —
a
insert at the appropriate places the following definitions —
a “Chapter 5 UCITS ” means a UCITS complying with Chapter 5 of the Collective Investment Schemes Sourcebook;
“the Collective Investment Schemes Sourcebook” means the sourcebook of that name made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
;
b
in the definition of a “relevant UCITS” omit the words following paragraph (ii);
c
in the definition of “units in, or shares of, a relevant UCITS” omit “relevant” in both places it appears.
4
In regulation 6(1ZA) omit the definition of “the Collective Investment Schemes Sourcebook”.
5
In regulation 7(2) —
a
in both sub-paragraphs (e) and (g) for the words from “scheme satisfies” to the end substitute “units or shares satisfy the condition specified in paragraph (15)”;
b
in sub-paragraph (f) for the words from “UCITS satisfies” to the end substitute “units or shares satisfy the condition specified in paragraph (15)”;
c
after sub-paragraph (g) insert —
ga
units in, or shares of, a Chapter 5 UCITS, in circumstances where the units or shares satisfy the condition specified in paragraph (15);
;
d
insert at the end —
l
investments which —
i
were held under the stocks and shares component on 6th April 2004; and
ii
immediately before that date, fell within sub-paragraphs (e), (f) or (g), or sub-paragraph (ha) so far as the relevant investments (within the meaning in the definition of “depositary interest”) fell within any of those sub-paragraphs.
6
At the end of regulation 7 add —
14
Qualifying investments for a stocks and shares component falling within sub-paragraph (ha) of paragraph (2), so far as the relevant investments (within the meaning given in the definition of “depositary interest”) fall within any of sub-paragraphs (e), (f), (g) or (ga) of that paragraph, must satisfy the condition specified in paragraph (15).
15
The condition specified in this paragraph is that, during the period of five years from the date on which the qualifying investments in question were first held in the account, there was no time when —
a
the contract under which the investments were acquired, or any other transaction entered into at any time by the account investor or any other person, or
b
the nature of the underlying subject matter of the investments,
had the effect that the account investor was not exposed, or not exposed to any significant extent, to the risk of loss from fluctuations in the value of the investments exceeding 5% of the capital consideration paid or payable for the acquisition of those investments.
16
In this regulation references, in relation to qualifying investments, to —
a
the underlying subject matter are references to or to the value of the investments, currencies or other matters to which, or to the value of which, those qualifying investments or their value is referable;
b
the capital consideration paid include the incidental costs of acquisition; and
c
the value are to be construed applying regulation 6(2), but deducting the incidental costs that would be incurred by a disposal.
.
7
In regulation 8(2) add at the end —
g
investments falling within sub-paragraphs (e), (f), (g) or (ga) of regulation 7(2), in circumstances where the units or shares do not satisfy the condition specified in regulation 7(15);
h
a depositary interest (with the references in that definition to a stocks and shares component and to regulation 7(2)(a) to (h) being replaced with references to a cash component and to regulation 8(2)(a) to (g)).
.
8
In regulation 31(4) —
a
in sub-paragraph (a) after paragraph (vi) insert —
via
units in, or shares of, a Chapter 5 UCITS, which satisfy the condition in regulation 7(15);
;
b
in sub-paragraph (b) after paragraph (i) insert —
ia
units in, or shares of, a Chapter 5 UCITS, which do not satisfy the condition in regulation 7(15);
.
Jim Murphy
Nick Ainger
Two of The Lords Commissioners of Her Majesty’s Treasury
27th October 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Child Safety) Regulations 2003 and shall come into force on 1st October 2003.
2
In these Regulations —
“European Economic Area” means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;
“first level nurse” means a person registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register;
“nurse prescriber” means a person —
who is a first level nurse, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances.
“placed on the market” has the same meaning as in regulation 3 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
“professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ;
“relevant medicinal products” means medicinal products for human use consisting of or containing aspirin, paracetamol or more than 24mg of elemental iron which are in the form of tablets, capsules, pills, lozenges, pastilles, suppositories or oral liquids, except for —
effervescent tablets containing not more than 25 per cent of aspirin or paracetamol by weight;
medicinal products in sachets or other sealed containers which hold only one unit dose;
medicinal products which are not intended for —
retail sale (including sale by a retail pharmacy business), or
supply (including supply in pursuance of a prescription) in circumstances corresponding to retail sale;
medicinal products which are for exportation only;
“relevant register” means —
in relation to a first level nurse, the professional register, and
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ;
“supplementary prescriber” means —
a first level nurse, or
a pharmacist,
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
“United Kingdom marketing authorization” has the meaning given in regulation 1(2) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 .
Child resistant containers for relevant medicinal products
2
1
Subject to regulation 3, the sale or supply of relevant medicinal products otherwise than in containers that are both opaque or dark tinted and child resistant is prohibited.
2
For the purposes of these Regulations, containers which are not reclosable are child resistant if they have been evaluated in accordance with, and comply with the requirements of —
a
British Standard BS 8404 published by the British Standards Institution on 21st December 2001; or
b
any equivalent or higher technical specification for non-reclosable child resistant packaging recognised for use in the European Economic Area.
3
For the purposes of these Regulations, containers which are reclosable are child resistant if they have been evaluated in accordance with, and comply with the requirements of —
a
British Standard EN 28317 published by the British Standards Institution on 15th February 1993, or
b
any equivalent or higher technical specification for reclosable child resistant packaging recognised for use in the European Economic Area.
Exemptions from regulation 2
3
1
Regulation 2 shall not apply to the retail sale (including sale by a retail pharmacy business), or to the supply (including supply in pursuance of a prescription) in circumstances corresponding to retail sale, of relevant medicinal products by or under the supervision of a pharmacist on premises which are a registered pharmacy, if that sale or supply is —
a
in accordance with a prescription given by a practitioner , supplementary prescriber or nurse prescriber (“prescriber”), and it is not possible to provide the relevant medicinal products so ordered in containers that are both opaque or dark tinted and child resistant; or
b
at the request of a person, not being a child, who specifically requests that the relevant medicinal products not be contained in a child resistant container.
2
Regulation 2 shall not apply to the sale or supply of relevant medicinalproducts —
a
by a doctor or dentist to his —
i
patient; or
ii
patient’s carer
in circumstances where the relevant medicinal products are for his patient;
b
by a doctor or dentist to, and at the request of, another prescriber for administration to a particular patient of that other prescriber; or
c
in the course of the business of a hospital or health centre, where the sale or supply is for the purpose of administration, whether in the hospital or health centre or elsewhere, in accordance with the directions of a prescriber.
Colouring of aspirin and paracetamol products for children
4
1
Subject to paragraph (2), the sale or supply of relevant medicinal products of any colour other than white is prohibited, if they are for administration exclusively to children.
2
Paragraph (1) shall not apply to the sale or supply of relevant medicinal products consisting of or containing either paracetamol in oral liquid dosage form or more than 24mg of elemental iron.
Offences
5
Any person who contravenes section 87(2) of the Medicines Act 1968 by contravening any requirement imposed by these Regulations shall be guilty of an offence and shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding 2 years or both.
Transitional provisions
6
1
These Regulations shall not be applied in respect of relevant medicinal products consisting of or containing either paracetamol in oral liquid dosage form or more than 24mg of elemental iron if —
a
in respect of those products, a United Kingdom marketing authorization was granted by the licensing authority before the coming into force of these Regulations;
b
they were placed on the market before 1st October 2005; and
c
their shelf life has not expired.
2
Regulation 2(1) shall not be applied in respect of relevant medicinal products if —
a
in respect of those products, a United Kingdom marketing authorization was granted by the licensing authority before the coming into force of these Regulations;
b
they were placed on the market before 1st October 2005;
c
their shelf life has not expired;
d
they are in containers which are —
i
in the form of sealed units consisting of sheet or strip material selected with a view to their resistance to opening by children; or
ii
identical to containers which comply with the requirements of British Standard 6652 published on 30th September 1985, as amended and republished on 30th June 1989, and they —
aa
have been certified by the British Standards Institution as complying with those requirements, or
bb
are part of a series of containers in respect of which the licensing authority has been furnished with a report by the British Standards Institution to the effect that they comply with those requirements; and
e
in the case of relevant medicinal products consisting of or containing aspirin or paracetamol, they are in containers which are opaque or dark tinted.
Revocation
7
The following provisions are hereby revoked —
a
the Medicines (Child Safety) Regulations 1975 ;
b
the Medicines (Child Safety) Amendment Regulations 1976 ;
c
the Medicines (Child Safety) Amendment Regulations 1987 ;
d
the Medicines (Child Safety) Amendment Regulations 1994 ; and
e
paragraph 2 of Schedule 7 to the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 .
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
6th September 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
5th September 2003


text:
1
This Order may be cited as the Land Registration Act 2002 (Commencement No.3) Order 2003.
2
Section 102 of the Land Registration Act 2002 shall come into force on 27th June 2003.
Signed by authority of the Lord Chancellor
David Lammy,
Parliamentary Under Secretary of State,
Lord Chancellor’s Department
16th June 2003


text:
PART 1
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2003 and shall come into force on 21 st March 2003.
2
These Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2003.
3
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 1998 Regulations ” means the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998 ;
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;
“the 2000 Regulations ” means the Financing of Maintained Schools (England) Regulations 2000 ;
“the 2001 Regulations ” means the Financing of Maintained Schools (England) Regulations 2001 ;
“the 2002 Regulations ” means the Financing of Maintained Schools (England) Regulations 2002 ; and
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget Regulations (England) 2002 .
4
In these Regulations “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
5
In these Regulations a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under sections 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 70 of the 2002 Act or section 113A of and Schedule 7A to the 2000 Act .
6
In these Regulations, a reference (however framed) to 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.
7
In these Regulations a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (6).
8
In these Regulations a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school.
9
In these Regulations a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act .
10
In these Regulations a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999.
11
In these Regulations a reference to the LSC is a reference to the Learning and Skills Council for England .
12
In these Regulations, a reference to a local education authority’s formula is a reference to a formula as provided in regulation 7.
Revocation of the 2001 Regulations and operation of the 2002 Regulations
2
1
The 2001 Regulations and the Financing of Maintained Schools (England) (Amendment No 3) Regulations 2002 shall be revoked on 1st April 2003.
2
A school’s budget share for the financial year beginning on 1st April 2002 may only be redetermined in the financial year beginning on 1st April 2003 in accordance with the provisions of the 2002 Regulations if such redetermination makes provision for
a
pupils permanently excluded or admitted following a permanent exclusion; or
b
the correction of errors, whether in calculation or data, under any of the provisions of those Regulations.
PART 2
SCHOOLS' BUDGET SHARES : MAIN PROVISIONS
Determination of budget shares
3
This Part and Part 3 apply for the purposes of determining the amount which a local education authority may determine as a maintained school’s budget share for the financial year beginning on 1st April 2003.
Allocation of individual schools budget
4
A local education authority shall allocate in the financial year beginning on 1st April 2003 in accordance with this Part and Part 3 all of their individual schools budget for that financial year as the budget shares of schools which they maintain.
Timing of determination of budget shares
5
1
The amount of a school’s budget share for the financial year beginning on 1st April 2003 shall be initially determined by the local education authority before the beginning of that financial year.
2
A local education authority may decide not to initially allocate all of their individual schools budget in accordance with this Part in the form of budget shares at the beginning of the financial year and instead to retain an amount for the purpose of redeterminations or the correction of errors but such amount must be used for that purpose or distributed to schools as required by regulation 21(5) before the end of the financial year.
Consultation
6
1
Subject to paragraph (2), a local education authority shall consult the governing body and head teacher of every school which they maintain about any proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula under the 2002 Regulations in the financial year beginning on 1st April 2002 (including any new factors, criteria, methods, principles or rules).
2
Paragraph (1) shall not apply to changes made pursuant to regulation 5(2), 15, 20, 21(5) or 22.
3
Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.
4
The requirement to consult in paragraph (1) can be satisfied by consultation which takes place during the financial year beginning on 1st April 2002 before the coming into force of these Regulations.
5
A local education authority shall inform all those who were consulted of the outcome of the consultation.
Formula for determination of budget shares
7
1
A local education authority shall determine before the beginning of the financial year beginning on 1st April 2003, and after the consultation referred to in regulation 6, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part and in Part 3.
2
A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable and predictable in effect, and clearly expressed.
3
A local education authority may not use factors or criteria in their formula under this Part which make an allowance, in whole or in part, for–
a
any amount allocated to the school from school standards grant paid to the authority under section 14 of the 2002 Act; or
b
any amount included in the school’s budget share for the year beginning 1 April 2002 by virtue of Part IV of the 2002 Regulations; or
c
any education standards grants, received by the authority pursuant to section 14 of the 2002 Act or section 484 of the 1996 Act, paid in respect of capital projects, of an amount determined by the Secretary of State by reference to a formula, and decisions about the spending of which the authority are required to delegate to the governing bodies of schools.
4
Subject to regulation 28 (additional arrangements approved by the Secretary of State), a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of the financial year.
Pupil numbers
8
1
In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority in accordance with regulation 9, weighted if the authority consider it appropriate in accordance with paragraph (5).
2
For the purposes of paragraph (1), the number of registered pupils does not include —
a
pupils in places which the authority recognise as reserved for children with special educational needs or (except where the local education authority chooses not to exercise their discretion under regulation 11 in respect of children in nursery classes) for children in nursery classes; or
b
in relation to the funding of boarding accommodation only, pupils in boarding accommodation at boarding schools other than special schools;
c
pupils in respect of whom grant is payable to the authority by the LSC; or
d
pupils in classes in respect of which funding is allocated under regulation 12(4).
3
a
An authority may in determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (5).
b
An authority may, in determining budget shares for primary schools, take into account in their formula the number of pupils at those primary schools funded under Regulation 12(4) on such date or dates as may be determined by the authority, weighted as the authority consider it appropriate in accordance with paragraph (5).
4
If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.
5
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 a 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 planned admission limits 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 a pupil at a school is also attending an institution within the further education sector; and
i
whether the pupil is in a class in respect of which funding is allocated under regulation 12(4).
6
A local education authority may adjust the number of registered pupils used to determine or re-determine 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.
Dates for ascertaining pupil numbers
9
1
Where the authority determine only one date for the purposes of regulation 8(1) that must be a date which falls —
a
before 1st April 2003; and
b
in the school year in which 1st April 2003 falls.
2
Where the authority determine more than one date for the purposes of regulation 8(1) then —
a
one of those dates must satisfy paragraph (1) above;
b
of the other date or dates —
i
no date may be earlier than the beginning of the school year in which 1 st April 2003 falls;
ii
the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date or those dates.
3
Paragraphs (1) and (2) (restrictions on choice of dates for the purposes of regulation 8(1)) shall not apply in relation to pupils in nursery or reception classes whom the authority take into account under regulation 8(1) (pupils in nursery classes not occupying places which the authority recognise as reserved for such pupils or any pupils in reception classes).
Pupil numbers: Dual registration
10
Where a pupil is, in accordance with regulations made under section 434 of the 1996 Act a registered pupil at more than one school then that pupil shall be treated as being a full-time pupil at each such school unless the authority expressly provide otherwise in their formula.
Places
11
In determining budget shares for–
a
special schools;
b
primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes; or
c
schools with boarding accommodation,
the local education authority may take into account in their formula the number of places which they wish to fund at those special schools, the number of places of the kind described above at those primary or secondary schools or the amount of boarding accommodation which they wish to fund and in the case of sub-paragraphs (a) and (b) above may take account of the special educational needs in question.
Infant Class Funding
12
1
In determining budget shares for schools, a local education authority may take into account in their formula the limitation on infant class sizes under regulations made pursuant to section 1 of the 1998 Act in accordance with paragraphs (2) to (4).
2
In determining budget shares for schools, a local education authority may, in respect of the period from 1 April 2003 to 31 August 2003, allocate additional funding for infant classes by the same method as used in the financial year beginning 1 April 2002 to distribute grant paid to the authority under section 3 of the 1998 Act in respect of expenditure incurred to secure compliance with regulations referred to under paragraph (1).
3
Where, as a result of the regulations referred to in paragraph (1) there are fewer than thirty children in any infant class at any school, a local education authority, in making provision under paragraph (1), may include in that school’s budget share an amount of money in respect of each place in any infant class which is not funded as a result of other provisions in these Regulations, provided that this amount of money shall be the same in respect of each such place at any one school.
4
In determining the budget share of any school, a local education authority may include an amount of money in respect of any infant class at that school.
5
For the purposes of this regulation, the number of classes required at any school to fulfil the requirements imposed by the statutory provisions referred to in paragraph (1) shall be determined by the local education authority.
Differential funding
13
1
A local education authority shall 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 shall 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 paragraphs 15(a) and (b), 25 or 27 of Schedule 2 to the Budget Regulations.
3
A local education authority are not required to use factors or criteria in their formula which differentiate between–
a
primary and secondary schools, and special schools;
b
schools whose pupils are in different age ranges,
but they may do so.
4
If a local education authority choose to use a particular factor or criteria to delegate funding to all or some of the schools which they maintain, and a school which it is proposed to discontinue during the financial year did not receive funding in accordance with that factor or criteria in the financial year beginning on 1 April 2002, then this regulation shall not require the local education authority to delegate such funding to that school in accordance with that factor or criteria but they may do so.
Additional factors or criteria
14
1
Subject to regulation 13 (differential funding), a local education authority may, in determining budget shares for schools which they maintain, take into account in their formula, as they consider appropriate, any or all of the factors or criteria set out in Schedule 1.
2
A local education authority shall, in determining budget shares for both primary and secondary schools which they maintain, take into account in their formula 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 formula which is based on such incidence.
3
A factor included in an authority’s formula pursuant to paragraph 17 of Schedule 1 is not, for the purpose of paragraph (2), a factor based on the incidence of social deprivation among pupils registered at a school.
4
In determining budget shares for schools, an authority may, in respect of the period from 1 April 2003 to 31 August 2003, allocate additional funding for pupils in key stage 2 by the same method as used in the financial year beginning 1 April 2002 to distribute grant paid to the authority in respect of such pupils under regulations made pursuant to section 484 of the 1996 Act .
Sixth form funding
15
1
A secondary school’s budget share for the financial year beginning on 1st April 2003 shall include an amount (“the Amount”) equal to any sum notified to the local education authority by the LSC as being the allocation (“the Allocation”) in respect of that school’s sixth form contained within grant payable to the local education authority under section 7 of the 2000 Act. The Amount shall include, on a net basis:
a
any portion of the Allocation for the academic year beginning on 1st August 2003 which is in respect of a period falling within the financial year beginning on 1st April 2003;
b
any amount specifically allocated in respect of an increase in amounts payable under the Teachers' Pensions Regulations 1997 for the financial year beginning on 1 st April 2003;
c
any portion of the Allocation for the academic year beginning on 1st August 2002 which is in respect of a period falling within the financial year beginning on 1 st April 2003, including any adjustment not already made to that sum in accordance with the Financing of Maintained Schools (England) (Amendment No.3) Regulations 2002 ;
d
any other adjustment to that part of the Allocation for the academic year beginning on 1 st August 2002 which was in respect of a period falling within the financial year beginning on 1 st April 2002, where the authority was notified of such adjustment by the LSC after 28 February 2003.
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 (using factors other than those authorised by regulation 8) under the formula used by the authority to determine that school’s budget share by a sum representing that element which is duplicated in the Allocation under paragraph (1).
4
In determining budget shares for schools with sixth forms, a local education authority may reduce the Amount referred to in paragraph (1) by an amount not exceeding one-third of the difference between that amount and the Real Terms Guarantee amount for the school as notified by the LSC, where the latter amount is lower than the former amount.
5
For the purposes of paragraph (4), the Amount referred to in paragraph (1) does not include any sum representing an amount specifically allocated by the LSC in connection with any increase in amounts paid under the Teachers' Pensions Regulations 1997 in relation to employer contributions to teacher pension costs.
6
In this regulation, “academic year” means any period of twelve months beginning on 1 August.
7
In this regulation, “Real Terms Guarantee amount” means the amount notified to the local education authority by the LSC as being the finalised real terms guarantee level for the financial year beginning on 1 st April 2003 for the school concerned , incorporating any adjustments to that portion of the real terms guarantee level relating to that part of the academic year beginning on 1st August 2002 which falls within the financial year beginning on 1st April 2003.
16
1
A secondary school’s budget share for the financial year beginning on 1 st April 2003 shall be re-determined by 31 March 2004 pursuant to written notification from the LSC of a revised allocation in respect of the sum referred to regulation 15(1).
Budget share adjustments in relation to the financial year beginning on 1st April 2002: Pupil numbers
17
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2002 was determined pursuant to regulation 8(1) or (3) of the 2002 Regulations other than in cases where pupil numbers were weighted according to special educational needs.
2
Subject to paragraph (3), to the extent that a school’s budget share for the financial year beginning on 1st April 2002 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 those dates 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 shall determine that school’s budget share for the financial year beginning on 1st April 2003 so as to take into account those differences.
3
A local education authority may determine a school’s budget share so as to make such adjustments which are appropriate to take into account, wholly or partly, any increases in pupil numbers during the course of the financial year beginning on 1st April 2002.
4
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 2002 determined in accordance with regulation 21 (transitional funding) of the 2002 Regulations could have been reduced.
5
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 2002 under regulation 21 (transitional funding) of the 2002 Regulations.
Budget share adjustments in relation to the financial year beginning on 1st April 2002 : Non-pupil number factors
18
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2002 was determined other than pursuant to regulation 8(1) or (3) of the 2002 Regulations or was so 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 2002,
the local education authority may determine that school’s budget share so as to take into account those changes.
3
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 2002 determined in accordance with regulation 21 (transitional funding) of the 2002 Regulations could have been reduced.
4
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 2002 under regulation 21 (transitional funding) of the 2002 Regulations.
New and reorganised schools
19
1
In the case of —
a
a proposed school referred to in regulation 1(5);
b
a school proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act; or
d
a school which is the subject of a prescribed alteration within the meaning of the 1998 Act,
the local education authority shall include factors or criteria in their formula which enable them to determine the school’s budget share so as to take into account the particular needs of the school or proposed school; and in particular may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.
2
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
that 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.
Transitional funding
20
1
A local education authority shall determine the budget share of a former grant-maintained or grant-maintained special school so as to include an amount for transitional funding.
2
The amount referred to in paragraph (1) shall not exceed the amount payable to the school under regulation 21(1) of the 2002 Regulations (not taking into account any redetermination made under regulation 22 or regulation 17A of the 2002 Regulations but taking account of the correction of errors and taking into account any additional arrangement approved under regulation 32 of the 2002 Regulations).
3
Subject to paragraph (2), the amount referred to in paragraph (1) is the amount if any by which the school’s protected level of funding in respect of the financial year beginning on 1st April 2003 determined by the local education authority in accordance with Schedule 2 is greater than the school’s adjusted budget share for that financial year.
4
For the purposes of this regulation, a school’s adjusted budget share is its budget share determined in accordance with this Part and Part 3 but not taking into account the effect of this regulation and regulations 17 (budget share adjustments: pupil numbers), 18 (budget share adjustments: non-pupil number factors), 22 (excluded pupils), 23, 24 and 25 (additional provisions for re-determinations).
5
The amount of a school’s transitional funding shall not be affected by a net increase during the financial year in that school’s adjusted budget share arising out of changes in the numbers of pupils with statements of special educational needs or changes in the needs of such pupils.
Re-determination of budget shares
21
1
A local education authority shall include factors or criteria in their formula which enable them, if they so wish, to re-determine a school’s budget share during the course of the financial year to take account wholly or partly of–
a
changes during the financial year in the number or estimates of the number of registered pupils (including the substitution of actual numbers for estimates) at the school by reference to which the budget share was determined in accordance with regulation 8(1) or (3) other than in cases where pupil numbers were weighted according to special educational needs;
b
other changes during the financial year in the data by reference to which the budget share was determined; and
c
changes during the financial year in the amount of the authority’s individual schools budget.
2
A local education authority shall redetermine a school’s budget share in accordance with paragraph (1)(a) where such a redetermination would result in an increase to the school’s budget share, unless the authority, in initially determining the school’s budget share, have, for the purposes of regulation 8(1), determined a date or dates under regulation 9(2)(b)(ii).
3
This regulation is subject to regulation 20 (transitional funding).
4
A local education authority shall set out in their formula the factors or criteria that they will use, in re-determining schools' budget shares in accordance with paragraph (1), to allocate the planned expenditure referred to in paragraph 31 of Schedule 2 to the Budget Regulations.
5
Where the local education authority propose to retain part of their individual schools budget pursuant to regulation 5(2) for the purpose of re-determinations or the correction of errors they shall include factors or criteria in their formula which require them to re-determine schools' budget shares before the end of the financial year so as to distribute to schools the unallocated balance of any such retained amount on the basis of pupil numbers in accordance with regulation 8(1) or (3).
6
A local education authority shall include factors or criteria in their formula which enable them to adjust the number of registered pupils used to determine or re-determine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly —
a
any reduction or increase in the school’s budget share under regulation 22 (pupils permanently excluded or admitted following a permanent exclusion); or
b
any increase in the school’s budget share under this regulation in respect of significant increases in pupil numbers funded by the planned expenditure referred to in paragraph 31 of Schedule 2 to the Budget Regulations.
Pupils permanently excluded or admitted following a permanent exclusion
22
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority shall re-determine the school’s budget share for that financial year in accordance with paragraph (2).
2
The school’s budget share shall be reduced by the amount A x(B/52) where —
A is the amount, in the financial year in which the permanent exclusion takes effect (as defined from time to time for the purposes of section 494 of the 1996 Act (“the relevant date”)), determined by the authority, in accordance with this Part, to be attributable for the full financial year to a registered pupil of the same age and characteristics 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 this Part and Part 3 by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criteria 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, the amount attributable to that pupil shall be £2,700); and
B is the number of complete weeks remaining in the financial year 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 shall redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The school’s budget share shall be increased by an amount which may not be less than the amount D x (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 financial year during which the pupil is a registered pupil at the admitting school;
F is the number of complete weeks remaining in the financial year calculated from the relevant date.
Additional provisions for redeterminations in relation to financial years beginning on or before 1 st April 2001: (1) Former grant-maintained or grant-maintained special schools in the period before they became such schools and (2) Schools which were never such schools
23
1
A local education authority may in the circumstances described in paragraph (2) redetermine a school’s budget share for the financial year beginning on 1 st April 2003 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the following were determined —
a
the school’s budget share within the meaning of the 1996 Act for any financial year beginning on or before 1st April 1998; or
b
in the case of a school which is not a former grant-maintained or grant-maintained special school, the school’s budget share within the meaning of the 1998 Act for a financial year beginning on 1st April 1999, 1st April 2000 or 1 st April 2001.
2
The circumstances referred to in paragraph (1) are that
a
such matters have not already been taken into account in any determination or re-determination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a former grant-maintained or grant-maintained special school); and
b
such redetermination as is proposed could have been made in relation to the preceding financial year in question under the terms of
i
the authority’s scheme within the meaning of the 1996 Act in force in that year; or
ii
in the case of the financial year beginning on 1 st April 1999, the 1999 Regulations; or
iii
in the case of the financial year beginning on 1 st April 2000, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000 ; or
iv
in the case of the financial year beginning on 1 st April 2001, the 2001 Regulations.
Additional provisions for redeterminations in relation to the financial years beginning on 1st April 1999, 1st April 2000 or 1 st April 2001: Former grant-maintained or grant-maintained special schools
24
1
A local education authority may redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2003 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s budget share for the financial year beginning on 1st April 1999, the financial year beginning on 1st April 2000 or the financial year beginning on 1 st April 2001 was determined if–
a
such matters have not already been taken into account in any determination or re-determination of that school’s budget share for any financial year or financial years;
b
such re-determination as is proposed could have been made in the financial year beginning on 1 st April 1999 (or, as the case may be, either the financial year beginning on 1 st April 2000 or on 1 st April 2001) in accordance with the 1999 Regulations (or, as the case may be, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000 or the 2001 Regulations).
2
In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1 st April 1999 (or, as the case may be, either the financial year beginning on 1 st April 2000 or the financial year beginning on 1 st April 2001) determined in accordance with regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations or regulation 20 (transitional funding) of the 2001 Regulations) could have been reduced.
3
In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1999 (or, as the case may be, either the financial year beginning on 1 st April 2000 or the financial year beginning on 1 st April 2001) under regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations or regulation 20 (transitional funding) of the 2001 Regulations).
Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 1998 : Former grant-maintained or grant-maintained special schools
25
1
A local education authority may in the circumstances described in paragraph (2) redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2003 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s maintenance grant (as a grant-maintained or grant-maintained special school) was determined for any financial year beginning on or before 1st April 1998.
2
The circumstances referred to in paragraph (1) are that —
a
such matters have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a grant-maintained or grant-maintained special school);
b
such redetermination as is proposed could have been made in the preceding financial year in question in relation to a school maintained by the authority under the terms of the authority’s scheme within the meaning of the 1996 Act in force in that year; and
c
any increase or decrease in the amount of the school’s budget share to take into account changes in the school’s non-domestic rates liability does not exceed the change in the school’s net liability in respect of rates.
3
In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s maintenance grant for that financial year determined in accordance with regulation 9 (transitional funding) of the 1998 Regulations could have been reduced.
4
In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1998 under regulation 9 (transitional funding) of the 1998 Regulations.
Percentage of “pupil-led” funding
26
1
In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 75 per cent. of the amount which is their individual schools budget, less the amounts referred to in paragraph (2), is allocated in one or more of the following manners–
a
in accordance with regulation 8(1) or (3);
b
in accordance with regulation 8(5)(g) or (h);
c
in accordance with regulation 12(2), (3) and (4);
d
in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend;
e
to places in primary schools which the authority recognise as reserved for children in nursery classes;
f
to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;
g
for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' budget shares;
h
to places for pupils in boarding accommodation at boarding schools other than special schools;
i
in accordance with regulation 14(2), provided criteria are used which refer to the characteristics of pupils or their parents; and
j
in accordance with regulation 15.
2
For the purposes of this regulation the following amounts are to be excluded from the local education authority’s individual schools budget–
a
the budget shares of special schools;
b
any transitional funding determined under regulation 20;
c
any part of the individual schools budget retained pursuant to regulation 5(2) for the purpose of re-determinations or the correction of errors in relation to special schools.
PART 3
CORRECTION OF ERRORS AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SECRETARY OF STATE
Correction of errors
27
A local education authority may at any time during the financial year redetermine a school’s budget share for the financial year beginning on 1 st April 2003 in order to correct an error in a determination or redetermination under these Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise.
Additional arrangements approved by the Secretary of State
28
1
The Secretary of State may, where it appears to him to be expedient to do so, 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
Authorisations given and arrangements approved by the Secretary of State under the 2000 Regulations, the 2001 Regulations or the 2002 Regulations shall, unless the contrary intention appears in such authorisation or arrangements, continue to apply in relation to the financial year beginning on 1st April 2003.
PART 4
SCHEMES
Required content of schemes
29
A scheme prepared by a local education authority under section 48(1) of the 1998 Act shall deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 3.
Manner of publication
30
For the purposes of paragraph 1(7) of Schedule 14 to the 1998 Act (prescribed manner of publication of schemes) a scheme shall be published by the local education authority concerned on its coming into force and in the circumstances prescribed in regulation 31 by –
a
furnishing a copy to the governing body and a copy to the head teacher of each school maintained by the authority; and
b
making a copy available for reference at all reasonable times and without charge
i
at the principal education office of the authority, and
ii
at each school maintained by the authority or on a website which is maintained by the authority and accessible by the public.
Additional occasions when schemes require publication
31
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 shall be published by the local education authority concerned on the coming into force of any revision of it.
David Miliband
Minister of State
Department for Education and Skills
27th February 2003


text:
1
This Order may be cited as the Rugby College of Further Education (Dissolution) Order 2003 and shall come into force on 1st August 2003.
2
On 1st August 2003 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Warwickshire College, Royal Leamington Spa and Moreton Morrell being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1 August 2003 as if the references in that section –
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2003;
c
to the transferor were to the corporation; and
d
to the corporation were to Warwickshire College, Royal Leamington Spa and Moreton Morrell.
Margaret Hodge
Minister of State
Department for Education and Skills
3rd March 2003