The School and Early Years Finance (England) Regulations 2025
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
8 Determination of the individual schools budget for the funding period and limit on increase in central expenditure
(1) Subject to the following provisions of this regulation and not later than 28th February 2025, a local authority must deduct from its schools budget such of the classes or descriptions of planned expenditure set out in Schedule 2 as it proposes to deduct in order to determine its individual schools budget. (2) Under paragraph (1), a local authority— (a) must not deduct from its schools budget such of the classes or description of planned expenditure set out in Part 6 of Schedule 2 (items that may be removed from maintained schools’ budget shares – primary and secondary schools); and (b) may only deduct from its schools budget such of the classes or descriptions of planned expenditure set out in Part 7 of Schedule 2 (items that may be removed from maintained schools’ budget shares – primary, secondary and special schools and pupil referral units) if that deduction is to be made under paragraph (15). (3) Expenditure referred to in paragraphs 1 and 2 of Part 1 of Schedule 2 (historic commitments) may only be deducted by the local authority where the expenditure is to be incurred as a result of decisions taken before 1st April 2013 which commit the local authority to incur expenditure in the funding period. (4) In deducting the expenditure referred to in Part 1 of Schedule 2, a local authority must not exceed the limits referred to in paragraph 3 of Schedule 2, unless it is authorised to do so under regulation 42(1)(a) (authorisation by the Secretary of State to disregard limits relating to expenditure in respect of historic commitments). (5) A local authority must not deduct the expenditure referred to in paragraphs 4 to 6 of Schedule 2 (growth fund, falling rolls and new schools) unless the criteria for determining the expenditure have been authorised by its schools forum under regulation 12(1), or by the Secretary of State under regulation 12(3). (6) Where a local authority agrees with a maintained school (other than a special school, pupil referral unit or nursery school) or an Academy school (other than a special Academy) in its area to provide an extra class to meet a need due to significant growth in pupil numbers in its area, the criteria referred to in paragraph (5) must include provision such that the amount allocated to that school is at least £1,570 in respect of each pupil to be accommodated in the extra class, multiplied by the ACA applying in relation to the area in which the school is situated. (7) Except as provided for in paragraphs (8), (15) and (16), a local authority must obtain authorisation from its schools forum under regulation 12(1), or from the Secretary of State under regulation 12(3), before deducting the expenditure referred to in Schedule 2. (8) Paragraph (7) does not apply to expenditure under paragraph (12), or the following provisions of Schedule 2— (a) paragraph 8 (expenditure on licences); (b) Part 5 (children and young people with high needs); (c) Part 8 (deficit from previous funding period). (9) Where a local authority has expenditure falling within Part 8 of Schedule 2, it must— (a) deduct all of that expenditure from its schools budget; (b) deduct such part of that expenditure as it may determine and carry forward the remaining part to the next funding period; or (c) carry forward all of that expenditure to the next funding period. (10) A local authority may apply to the Secretary of State for authorisation under regulation 42(1)(b) to disregard the requirements in paragraph (9). (11) Any amount of expenditure which was deducted under paragraph 4 (growth fund), 5 (falling rolls), 6 (new schools) or 7 (extra infant classes) of Schedule 2 to the 2024 Regulations for the previous funding period and which remains unspent may be used by the local authority in the funding period for the purposes listed in those paragraphs of Schedule 2 to the 2024 Regulations that applied to such expenditure. (12) A local authority must, following consultation with its schools forum about the amount to be deducted, deduct the expenditure referred to in paragraph 32(c) of Schedule 2 (expenditure on services for children who are eligible for funded early years provision, who have not attained compulsory school age, and who have special educational needs, other than expenditure in respect of funding provision specified in an EHC plan). (13) Where— (a) under regulation 11(5) of the 2024 Regulations, a local authority treated expenditure described in Part 6 of Schedule 2 (items that may be removed from maintained schools’ budget shares – primary and secondary schools) as central expenditure for the previous funding period; and (b) any such amounts remain unspent, those amounts may be used by the local authority in the funding period for the purposes listed in Part 6 of Schedule 2 to the 2024 Regulations that applied to such expenditure. (14) A local authority may apply to the Secretary of State for authorisation— (a) under regulation 42(1)(c), to deduct from its schools budget any expenditure falling outside the classes or descriptions of planned expenditure specified in Schedule 2, in order to determine its individual schools budget; or (b) under regulation 42(1)(f), to alter the operation of regulation 11(3) (additional costs - pupils with special educational needs). (15) A local authority may deduct the expenditure specified in paragraph (16) from the schools budget without authorisation from its schools forum under regulation 12(1) or from the Secretary of State under regulation 12(3), in which case it must be treated as if it were part of the non-schools education budget prescribed in regulation 4. (16) The specified expenditure for the purposes of paragraph (15) is the description of expenditure referred to in the following provisions of Schedule 2— (a) paragraphs 9 to 12 (expenditure on local authority’s functions in relation to schools admission, pupils attending non-maintained schools, remission of boarding fees and schools forums); (b) Part 3 (other central education expenditure); and (c) Part 7. (17) References to planned expenditure in this regulation and Schedule 2 are references to that expenditure net of— (a) any related specific grant; (b) all related fees, charges and income; and (c) any funding received from the Secretary of State in respect of a charge payable by a local authority under a private finance transaction, as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997. (18) The expenditure referred to in Schedule 2 includes expenditure on associated administrative costs and overheads. (19) In paragraph (17), “specific grant” means any grant paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used other than— (a) the Dedicated Schools Grant; or (b) any sixth form grant.
8 Determination of the individual schools budget for the funding period and limit on increase in central expenditure
(1) Subject to the following provisions of this regulation and not later than 28th February 2025, a local authority must deduct from its schools budget such of the classes or descriptions of planned expenditure set out in Schedule 2 as it proposes to deduct in order to determine its individual schools budget. (2) Under paragraph (1), a local authority— (a) must not deduct from its schools budget such of the classes or description of planned expenditure set out in Part 6 of Schedule 2 (items that may be removed from maintained schools’ budget shares – primary and secondary schools); and (b) may only deduct from its schools budget such of the classes or descriptions of planned expenditure set out in Part 7 of Schedule 2 (items that may be removed from maintained schools’ budget shares – primary, secondary and special schools and pupil referral units) if that deduction is to be made under paragraph (15). (3) Expenditure referred to in paragraphs 1 and 2 of Part 1 of Schedule 2 (historic commitments) may only be deducted by the local authority where the expenditure is to be incurred as a result of decisions taken before 1st April 2013 which commit the local authority to incur expenditure in the funding period. (4) In deducting the expenditure referred to in Part 1 of Schedule 2, a local authority must not exceed the limits referred to in paragraph 3 of Schedule 2, unless it is authorised to do so under regulation 42(1)(a) (authorisation by the Secretary of State to disregard limits relating to expenditure in respect of historic commitments). (5) A local authority must not deduct the expenditure referred to in paragraphs 4 to 6 of Schedule 2 (growth fund, falling rolls and new schools) unless the criteria for determining the expenditure have been authorised by its schools forum under regulation 12(1), or by the Secretary of State under regulation 12(3). (6) Where a local authority agrees with a maintained school (other than a special school, pupil referral unit or nursery school) or an Academy school (other than a special Academy) in its area to provide an extra class to meet a need due to significant growth in pupil numbers in its area, the criteria referred to in paragraph (5) must include provision such that the amount allocated to that school is at least £1,570 in respect of each pupil to be accommodated in the extra class, multiplied by the ACA applying in relation to the area in which the school is situated. (7) Except as provided for in paragraphs (8), (15) and (16), a local authority must obtain authorisation from its schools forum under regulation 12(1), or from the Secretary of State under regulation 12(3), before deducting the expenditure referred to in Schedule 2. (8) Paragraph (7) does not apply to expenditure under paragraph (12), or the following provisions of Schedule 2— (a) paragraph 8 (expenditure on licences); (b) Part 5 (children and young people with high needs); (c) Part 8 (deficit from previous funding period). (9) Where a local authority has expenditure falling within Part 8 of Schedule 2, it must— (a) deduct all of that expenditure from its schools budget; (b) deduct such part of that expenditure as it may determine and carry forward the remaining part to the next funding period; or (c) carry forward all of that expenditure to the next funding period. (10) A local authority may apply to the Secretary of State for authorisation under regulation 42(1)(b) to disregard the requirements in paragraph (9). (11) Any amount of expenditure which was deducted under paragraph 4 (growth fund), 5 (falling rolls), 6 (new schools) or 7 (extra infant classes) of Schedule 2 to the 2024 Regulations for the previous funding period and which remains unspent may be used by the local authority in the funding period for the purposes listed in those paragraphs of Schedule 2 to the 2024 Regulations that applied to such expenditure. (12) A local authority must, following consultation with its schools forum about the amount to be deducted, deduct the expenditure referred to in paragraph 32(c) of Schedule 2 (expenditure on services for children who are eligible for funded early years provision, who have not attained compulsory school age, and who have special educational needs, other than expenditure in respect of funding provision specified in an EHC plan). (13) Where— (a) under regulation 11(5) of the 2024 Regulations, a local authority treated expenditure described in Part 6 of Schedule 2 (items that may be removed from maintained schools’ budget shares – primary and secondary schools) as central expenditure for the previous funding period; and (b) any such amounts remain unspent, those amounts may be used by the local authority in the funding period for the purposes listed in Part 6 of Schedule 2 to the 2024 Regulations that applied to such expenditure. (14) A local authority may apply to the Secretary of State for authorisation— (a) under regulation 42(1)(c), to deduct from its schools budget any expenditure falling outside the classes or descriptions of planned expenditure specified in Schedule 2, in order to determine its individual schools budget; or (b) under regulation 42(1)(f), to alter the operation of regulation 11(3) (additional costs - pupils with special educational needs). (15) A local authority may deduct the expenditure specified in paragraph (16) from the schools budget without authorisation from its schools forum under regulation 12(1) or from the Secretary of State under regulation 12(3), in which case it must be treated as if it were part of the non-schools education budget prescribed in regulation 4. (16) The specified expenditure for the purposes of paragraph (15) is the description of expenditure referred to in the following provisions of Schedule 2— (a) paragraphs 9 to 12 (expenditure on local authority’s functions in relation to schools admission, pupils attending non-maintained schools, remission of boarding fees and schools forums); (b) Part 3 (other central education expenditure); and (c) Part 7. (17) References to planned expenditure in this regulation and Schedule 2 are references to that expenditure net of— (a) any related specific grant; (b) all related fees, charges and income; and (c) any funding received from the Secretary of State in respect of a charge payable by a local authority under a private finance transaction, as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997. (18) The expenditure referred to in Schedule 2 includes expenditure on associated administrative costs and overheads. (19) In paragraph (17), “specific grant” means any grant paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used other than— (a) the Dedicated Schools Grant; or (b) any sixth form grant.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.