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Statutory Instrument 2004 No. 659

The LEA Budget, Schools Budget and Individual Schools Budget and the Financing of Maintained Schools (No. 2) (Amendment) (England) Regulations 2004

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


2004 No. 659


EDUCATION, ENGLAND


The LEA Budget, Schools Budget and Individual Schools Budget and the Financing of Maintained Schools (No. 2) (Amendment) (England) Regulations 2004


 Made16th March 2004 
 Laid before Parliament16th March 2004 
 Coming into force31st March 2004 

In exercise of the powers conferred on the Secretary of State by sections 45A, 47 and 138(7) of the School Standards and Framework Act 1998[1], the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement, and application
    1. - (1) These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget and the Financing of Maintained Schools (No.2) (Amendment) (England) Regulations 2004 and shall come into force on 31st March 2004.

    (2) Regulation 2 amends the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 [2] ("the Budget regulations") and Regulation 3 amends the Financing of Maintained Schools (No. 2) (England) Regulations 2003 [3] ("the FMS regulations").

    (3) These Regulations apply in relation to the financial year beginning on 1st April 2004.

Amendment to the Budget regulations
    2. - (1) In respect of each of the local education authorities named in the first column in the table in the Schedule, the words set out in the second column against each authority's name are added after the formula and before the word "where" in paragraph 1 of Schedule 2.

    (2) The words "and excepting that deducted in accordance with paragraph 24 of Schedule 2 to the 2002 Regulations insofar as that expenditure related to maintained nursery schools" are added at the end of the definition of "C" in paragraph 1 of Schedule 2.

    (3) The words "or any maintained nursery school" are omitted from paragraph 15(e) of Schedule 3.

Amendment to the FMS regulations
    3. - (1) The words "regulation 8(6)(g) or (h)" are substituted for "regulation 8(5)(g) or (h)" in regulation 26.

    (2) The following paragraph is substituted for paragraph 3 of Schedule 2:

      "Save where paragraph 4 applies, where the relevant number of pupils in a school for the financial year beginning either on 1st April 2003 or on 1st April 2004, is 75 or fewer, that school's guaranteed funding level shall be

    A + (B x G/H x 1.04),
    where - 
      A and B have the same meaning as in paragraph 2,

      G is the total funding within the initially determined adjusted budget share for the financial year beginning on 1st April 2003 determined on the basis of pupil numbers, and

      H is the relevant number of pupils for the financial year beginning on 1st April 2003."


David Miliband
Minister of State Department for Education and Skills

16th March 2004



SCHEDULE
Regulation 2(1)


AMENDMENT FOR CERTAIN AUTHORITIES TO SCHEDULE 2 TO THE BUDGET REGULATIONS


Birmingham City Council"plus Ј1,662,000"
Brent London Borough Council"plus Ј715,000"
Bury Metropolitan Borough Council"plus Ј236,000"
Camden London Borough Council"plus Ј263,000"
Cheshire County Council"plus Ј726,000"
Devon County Council"plus Ј50,000"
East Riding of Yorkshire County Council"plus Ј2,424,000"
Gateshead Metropolitan Borough Council"plus Ј216,000"
Hackney London Borough Council"plus Ј872,000"
Hampshire County Council"plus Ј338,000"
Haringey London Borough Council"plus Ј799,000"
Council of the Isles of Scilly"plus Ј83,000"
Kingston upon Thames Royal Borough Council"plus Ј457,000"
Knowsley Metropolitan Borough Council"plus Ј574,000"
Leicester City Council"plus Ј426,000"
Merton London Borough Council"plus Ј167,000"
Oldham Metropolitan Borough Council"plus Ј487,000"
South Gloucestershire County Council"plus Ј192,000"
Stockport Metropolitan Borough Council"plus Ј426,000"
Warwickshire County Council"plus Ј987,000"
Windsor & Maidenhead Royal Borough Council"plus Ј485,000"
Wirral Metropolitan Borough Council"plus Ј619,000"


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003, and the Financing of Maintained Schools (No. 2) (England) Regulations 2003. In respect of a number of authorities they add a cash figure to the calculation required to be made in respect of the limit on the expenditure which may be deducted from the particular authority's schools budget, and correct two other minor errors in the Budget regulations. They also correct two errors in the FMS Regulations.

Notes:

[1]1998 c. 31. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England. For the meaning of "prescribed" and "regulations" see section 142(1). Section 45A was inserted by section 41 of the Education Act 2002.back

[2]S.I 2003/3170back

[3]S.I 2003/3247back


ISBN0 11 048931 4


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