The Education (Outturn Statements) (England) Regulations 2009

Made: 26th June 2009

Laid before Parliament: 2nd July 2009

Coming into force: 24th July 2009

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 52(2), (2B) and (3) and 138(7) of the School Standards and Framework Act 1998¹.

Citation, commencement and application

1

• (1) The Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2009 and come into force on 24th July 2009.

• (2) These Regulations apply only in relation to England and only in relation to outturn statements prepared for the period prescribed in regulation 4.

Interpretation

2

• (1) In these Regulations—

• “the 1996 Act” means the Education Act 1996²;

• “the 1998 Act” means the School Standards and Framework Act 1998;

• “the 2000 Act” means the Learning and Skills Act 2000³;

• “the 2002 Act” means the Education Act 2002⁴;

• “the 2008 Regulations” means the School Finance (England) Regulations 2008⁵;

• “the 2008 Outturn Regulations” means the Education (Outturn Statements) (England) Regulations 2008⁶;

• “the Budget Statements Regulations” means the Education (Budget Statements) (England) Regulations 2008⁷; a reference to “adult and community learning” is a reference to part-time education (including vocational, social, physical, recreational training and organised leisure-time occupation) provided by a LEA to persons of any age living or working in their area which is not primary education, secondary education, FE or HE⁸; an “Adult Education Programme” is a programme delivering adult and community learning;

• “AEF” means aggregate external finance, which is central government revenue funding for LEAs comprising Revenue Support Grant, National Non-Domestic rates and certain specific grants;

• “budget statement” means the statement referred to in section 52(1) of the 1998 Act;

• “capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure which must be treated as capital expenditure by virtue of any regulations or directions made under section 16(2) of the Local Government Act 2003⁹;

• “central expenditure” means the total amount deducted by a LEA from their schools budget;

• “CERA” means capital expenditure which a LEA expect to charge to a revenue account of the LEA as defined in section 22 of the Local Government Act 2003; a reference to “community focussed extended school costs” is a reference to any costs incurred by a governing body in providing, or arranging for the provision of, services or facilities under section 27 of the 2002 Act; a reference to “community focussed extended school facilities income” is a reference to any income of a governing body derived from charging for the provision of services or facilities under section 27 of the 2002 Act; a reference to “community focussed extended school funding and/or grants” is a reference to any income of a governing body derived from the School Standards Grant, LSC grants or funding devolved by a LEA where the grant terms provide that monies must be spent, or the purpose of devolving such funds is, to enable the governing body to provide services or facilities under section 27 of the 2002 Act; a reference to “community focussed extended school staff” is a reference to staff employed by, or under contract to, a governing body for the purpose of either— providing services or facilities under section 27 of the 2002 Act, or delivering an Adult Education Programme where the governing body manages the delivery of such a programme on behalf of the LEA; a reference to “community focussed extended school revenue balance” is a reference to any funds paid to a governing body from any source for the purpose of providing, or arranging for the provision of, services under section 27 of the 2002 Act which remain unspent; a reference to “community services” is a reference to the income of a governing body derived from the letting of school premises to persons providing social or leisure activities for the benefit of those who live or work in the locality of the school; the “Dedicated Schools Grant” refers to the grant of that name paid to a LEA by the Secretary of State under section 14 of the 2002 Act;

• “delegated funding” means funding which a LEA allocates to schools as their budget shares for funding period 1 under section 49 of the 1998 Act¹⁰;

• “devolved funding” means funding which a LEA allocates to schools from their schools budget which does not form part of the schools’ budget shares;

• “discretionary award” means an award which a LEA may bestow on persons ordinarily resident in their area in connection with attendance at education or training courses or for the purposes of conducting research under the provisions of section 2 of the Education Act 1962¹¹;

• “Education Maintenance Allowance” means financial assistance under section 14 of the 2002 Act paid to or in respect of a person who is over compulsory school age in connection with their undertaking any course of education or training¹²;

• “Education Welfare Service” is a LEA service for the purpose of reducing levels of unauthorised absence from schools¹³;

• “FE” means further education¹⁴;

• “funding period 1” is the financial year beginning on 1st April 2008;

• “governing body” means the governing body of a maintained school; a reference to “government grants inside AEF” is a reference to the following: the Performance Standards Fund Grant; the Standards Fund – School Standards Grant (including personalisation); and the Standards Fund – Other Grant; a reference to “government grants outside AEF” is a reference to the following: Education Maintenance Allowances; payments by the Higher Education Funding Council¹⁵; LSC Adult and Community Learning Education; LSC Sixth Forms Grant; LSC Further Education Grant; and mandatory awards;

• “HE” means higher education¹⁶;

• “ICT” means information and communication technology;

• “ISB” means the individual schools budget;

• “LEA” means local education authority;

• “LSC” means the Learning and Skills Council for England¹⁷;

• “the LSC Adult and Community Learning Education Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;

• “the LSC Further Education Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act; the “LSC Sixth Forms Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;

• “mandatory award” means an award which a LEA have an obligation under section 1(1) of the Education Act 1962¹⁸, to bestow upon persons ordinarily resident in their area in respect of attendance at designated courses;

• “maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school¹⁹; a reference to “music service” is a reference to expenditure by a LEA on the provision of music tuition and other activities which enable school pupils to enhance their knowledge and appreciation of music;

• “nursery school” has the meaning given to this expression in section 6(1) of the 1996 Act²⁰;

• “outturn statement” means the statement referred to in section 52(2) of the 1998 Act; a reference to the “Performance Standards Fund Grant” is a reference to the grant of that name paid to a LEA by the Secretary of State under section 14 of the 2002 Act;

• “PRC” means premature retirement costs;

• “positive activities”, in relation to young people, means educational leisure-time activitiesand recreational leisure-time activities provided for the improvement of the well-being of persons aged 13 to 19 and certain persons aged 20 to 24 by or with the assistance of a LEA under section 507B of the 1996 Act; a reference to “pupil focussed extended school funding and/or grants” is a reference to funds paid to a governing body for the purpose of providing, or arranging for the provision of, services or facilities under section 27of the 2002 Act to pupils registered at the school; a reference to “pupil support” is a reference to expenditure on a LEA’s functions under section 510 and 514 of the 1996 Act (provision of administration of clothing grants and boarding grants) and pursuant to regulations made under section 518(1)(a) of that Act²¹;

• “primary school” has the meaning given to this expression in section 5(1) of the 1996 Act²²;

• “school” means a maintained school; the “School Standards Grant (pupil focussed)” refers to the grant of that name paid to a LEA by the Secretary of State under section 14 of the 2002 Act;

• “secondary school” has the meaning given to this expression in section 5(2) of the 1996 Act;

• “special educational needs” (“SEN”) and “special educational provision” have the meanings given to those expressions in section 312 of the 1996 Act²³;

• “special school” has the meaning given to this expression in section 6(2) of the 1996 Act²⁴; references to “Standards Fund – School Standards Grant (including personalisation)” and to “Standards Fund – Other” are references to the grants of those names paid to a LEA or a governing body by the Secretary of State under section 14 of the 2002 Act²⁵; a reference to “Standards Fund - non-devolved” is a reference to money paid to a LEA under the Standards Fund Grant which has not been devolved to schools or spent by the LEA on any class or description of expenditure prescribed for the purposes of section 45A(2) of the 1998 Act²⁶; a reference to “student support” is a reference to expenditure incurred by a LEA on assessment of eligibility for, and administration of, mandatory awards, discretionary awards and other allowances and grants paid to FE and HE students ; a reference to “teacher development” is a reference to expenditure on Teacher and Curriculum Centres, and on the employment of staff to train teachers at those centres; a reference to “visual and performing arts” is a reference to expenditure on activities which enable school pupils to enhance their knowledge and appreciation of visual and performing arts, other than music; and

• “youth work” means a service provided by or with the assistance ofa LEA under section 15B²⁷, 507A or 507B²⁸ of the 1996 Act or section 68 of the Education and Skills Act 2008²⁹.

• (2) In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.

Revocation and saving

3

The 2008 Outturn Regulations are revoked, but continue to apply in relation to the preparation of outturn statements for the financial year beginning on 1st April 2007.

Period to which an outturn statement must relate

4

For the purposes of section 52(2) of the 1998 Act, the period prescribed in accordance with section 52(2B) is funding period 1.

Prescribed form of, and information to be contained in, outturn statements

5

• (1) For the purposes of section 52(3)(a) of the 1998 Act, an outturn statement must be prepared in two parts and contain the following information prescribed for the purposes of section 52(2).

• (2) Part 1 must be in the form prescribed in Schedule 1 and contain the information specified in that Schedule with respect to—

• (a) a LEA’s planned expenditure from their schools budget as specified in the budget statement prepared by the LEA in respect of funding period 1,

• (b) expenditure incurred by schools,

• (c) expenditure incurred by the LEA, or treated as having been incurred by the LEA, from their schools budget, including funds delegated or devolved to schools, and funds expended on schools and Academies directly by the LEA from central expenditure,

• (d) any other resources allocated to schools by the LEA,

• (e) other accountable resources held and expended by schools; and

• (f) expenditure on youth work by the LEA

during funding period 1.

• (3) Part 2 must be in the form prescribed in Schedule 2 and contain the information specified in that Schedule in relation to each school maintained by them with respect to—

• (a) the school’s planned budget share, as specified in the budget statement prepared by the LEA in respect of funding period 1,

• (b) expenditure incurred by the LEA, or treated as having been incurred by the LEA, in respect of that school,

• (c) any other resources allocated by the LEA to that school; and

• (d) other accountable resources held and expended by that school

during funding period 1.

Prescribed manner and time of publication of outturn statements

6

• (1) For the purposes of section 52(3)(b) of the 1998 Act, a LEA must publish the outturn statement by—

• (a) supplying a copy to the Secretary of State for Children, Schools and Families; and

• (b) making a copy available for inspection at all times free of charge—

• (i) at each principal office of the LEA; and

• (ii) on a website maintained by the LEA and accessible to the public.

• (2) A LEA must publish their outturn statement before 25 August 2009.

• (3) A LEA must revise their outturn statement where they discover any errors in that statement.

• (4) Where a LEA revise their outturn statement, the revised statement must be in the form prescribed by regulation 5 and must be published in accordance with the requirements of paragraph (1).

SCHEDULE 1 — FORM OF PART 1 OF AN OUTTURN STATEMENT

SCHEDULE 2 — FORM OF PART 2 OF AN OUTTURN STATEMENT

Signed

Vernon Coaker — Minister of State — Department for Children, Schools and Families — 26th June 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations prescribe the form and content of, and the publication requirements for, the outturn statement of a LEA for funding period 1 (the financial year beginning 1st April 2008).

Footnotes