Welsh Statutory Instrument 2003 No. 873 (W.109)

The Education (Outturn Statements) (Wales) Regulations 2003

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2003 No. 873 (W.109)

EDUCATION, WALES

The Education (Outturn Statements) (Wales) Regulations 2003

	Made25th	March 2003
	Coming into force	1st June 2003

In exercise of the powers conferred on the Secretary of State by sections 52(2) and (3), 138(8) and 142(1) of the School Standards and Framework Act 1998[1] and now vested in the National Assembly for Wales[2] the National Assembly for Wales makes the following Regulations:

Name, commencement and application
    1. - (1) These Regulations are called the Education (Outturn Statements) (Wales) Regulations 2003 and shall come into force on 1st June 2003.

    (2) These Regulations apply to Wales only.

Interpretation
    2. - (1) In these Regulations  - 

"the 1998 Act" ("Deddf 1998") means the School Standards and Framework Act 1998;

"the 2002 Regulations" ("Rheoliadau 2002") means the Education (Budget Statements) (Wales) Regulations 2002[3];

"authority" ("awdurdod") means a local education authority;

"budget statement" ("datganiad cyllideb") means the statement which the authority are required to publish in accordance with section 52(1) of the 1998 Act and the 2002 Regulations;

"financial year" ("blwyddyn ariannol") means a period of twelve months ending on 31st March;

"the National Assembly" ("y Cynulliad Cenedlaethol") means the National Assembly for Wales;

"outturn statement" ("datganiad alldro") means the statement referred to in section 52(2) of the 1998 Act;

"school" ("ysgol") means a community, foundation or voluntary school or a community or foundation special school;

"school's budget share" ("cyfran ysgol o'r gyllideb") means a school's budget share within the meaning of section 47(1) of the 1998 Act.

    (2) Any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations so numbered and any reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation so numbered.

Revocation and transitional provisions
    3. - (1) Subject to paragraph (2), the Education (Outturn Statements) (Wales) Regulations 2000[4] are revoked.

    (2) Those Regulations are, however, to continue to apply in relation to any financial year beginning on or after 1st April 2000 and before 1st April 2002.

Form of outturn statements
    4. - (1) An outturn statement must be prepared in both English and Welsh

    (2) An outturn statement must include a heading at the top of the first page indicating that it is an outturn statement, the name of the authority by whom the statement was prepared and the financial year to which it relates.

Information for outturn statements
    5.The information to be contained in an outturn statement is, in relation to each school maintained by the authority (identified by its name and official reference number allocated by the National Assembly), - 

(a) the amount of the school's budget share for the financial year to which the statement relates included in Part I of the authority's budget statement;

(b) particulars of any in-year increases or decreases to the school's budget share in consequence of any redetermination of its budget share pursuant to regulation 19 of the Financing of Maintained Schools Regulations 1999[5];

(c) particulars of any amounts allocated to the school not falling within sub-paragraph (a) or (b);

(d) the total amount allocated to the school by the authority in that financial year;

(e) the balance brought forward from the previous financial year in respect of any surplus or deficit in the school's budget share in any previous financial year;

(f) the amount to be carried forward to the following financial year in respect of any surplus or deficit in the school's budget share for that or any previous financial year;

(g) the total amount of expenditure attributed to the school, derived by adding the difference between the amount referred to in sub-paragraph (e) and the amount referred to in sub-paragraph (f) to the total amount made available to the school by the authority;

(h) any amount treated by the authority as income attributed to the school (and which is not reflected in any of the amounts specified in the outturn statement by virtue of sub-paragraph (a), (b), (c) or (d) above).

Manner of publication of outturn statements
    6.Every outturn statement shall be published by - 

(a) supplying a copy to the National Assembly in accordance with regulation 7; and

(b) making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.

    7. - (1) An outturn statement shall be supplied to the National Assembly by electronic mail or in the form of machine-readable data on a floppy disk provided for that purpose by the National Assembly.

    (2) Any computer language or software used to supply tables must be one which the National Assembly has notified to the authority.

Time for publication of outturn statements
    8.An outturn statement shall be published before 1st October next following the end of the financial year to which it relates.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

25th March 2003

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace the Education (Outturn Statements) (Wales) Regulations 2000. They specify the information about local education authorities' (LEAs) expenditure on education which must be contained in a statement (referred to in the regulations as an "outturn statement") which each LEA is required to prepare after the end of each financial year under section 52(2) of the School Standards and Framework Act 1998 (regulation 5).

The Regulations also specify the form which outturn statements must take (regulation 4(1) and (2)) and the manner of, and time for, publication of such statements (regulations 6-8).

There are two main changes. First, an outturn statement is no longer to be prepared in 2 parts. The reason for this change is that there is no longer a requirement in the regulations prescribing the content of budget statements for such statements to include LEA  -  level information  -  see the Education (Budget Statements) (Wales) Regulations 2002. As a consequence, what used to be Part I of the outturn statement, which dealt with actual expenditure at LEA level, is no longer appropriate. Secondly, the regulations now provide for outturn statements to be prepared in both Welsh and English.

The 2000 Regulations are revoked (regulation 3).

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Notes:

[1] 1998 c.31. Section 52 is prospectively amended by section 45 of the Education Act 2002 (c. 32). For the meaning of "prescribed" and "regulations" see section 142(1) of the 1998 Act.back

[2] The functions of the Secretary of State under section 52 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] S.I. 2002/122 (W.16).back

[4] S.I. 2000/1717 (W.117).back

[5] S.I. 1999/101, amended by S.I. 2000/911 (W.40), 2001/495 (W.22), 2002/136 (W.19) and 2003/538 (Cy.75).back

[6] 1998 c.38.back

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Cymraeg (Welsh)

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ISBN 0 11090727 2

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