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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (Outturn Statements) (England) Regulations 2006 No. 1760
URL: http://www.bailii.org/uk/legis/num_reg/2006/20061760.html
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| Made | 4th July 2006 | ||
| Laid before Parliament | 7th July 2006 | ||
| Coming into force | 28th July 2006 |
In exercise of the powers conferred upon the Secretary of State by sections 52(2), (2B) and (3) and 138(7) of the School Standards and Framework Act 1998[1], the Secretary of State for Education and Skills makes the following Regulations.
Citation, commencement and application
1. —(1) The Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2006 and come into force on 28th July 2006.
(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—
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"the 1996 Act" means the Education Act 1996[2];
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"the 1998 Act" means the School Standards and Framework Act 1998;
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"the 2000 Act" means the Learning and Skills Act 2000[3];
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"the 2002 Act" means the Education Act 2002[4];
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"the 2004 Regulations" means the Financing of Maintained Schools (England) Regulations 2004[5];
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"the Budget Regulations" means the LEA Budget, School Budget and Individual Schools Budget Regulations (England) 2004[6];
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"the 2005 Outturn Regulations" means the Education (Outturn Statements) (England) Regulations 2005[7];
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"Academy" means an independent school funded by the Secretary of State under section 482 of the 1996 Act[8];
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a reference to "adult and community learning" is a reference to educational services and facilities provided by the governing body of a school under section 27 of the 2002 Act to people who live or work in the locality in which the school is situated who are over the age of eighteen years;
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"AEF" means aggregate external finance;
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"behaviour support plan" means a plan prepared under section 527A of the 1996 Act[9];
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"budget statement" means the statement referred to in section 52(1) of the 1998 Act;
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"capital expenditure" means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure that shall be treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 2003[10];
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"central expenditure" means the total amount deducted by a LEA from their schools budget;
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"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[11];
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"City Learning Centres" are centres established by EiC partnerships for the provision of ICT-based learning opportunities for pupils attending secondary schools within the partnership and people living and working in the locality in which the Centre is situated;
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"community services" means any service or facility, other than adult and community learning, provided by the governing body of a school under section 27 of the 2002 Act;
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"delegated funding" means funding which a LEA allocates to schools as their budget shares for the relevant funding period under section 49 of the 1998 Act;
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"devolved funding" means funding which a LEA allocates to schools from their schools budget which does not form part of the schools' budget shares;
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"discretionary award" means an award which a LEA may bestow on persons ordinarily resident in their area[12];
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"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 his undertaking any course of education or training[13];
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"Education Welfare Service" is a LEA service for the purpose of reducing levels of unauthorised absence from schools[14];
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"EiC" means the Department for Education and Skills' programme known as Excellence in Cities;
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"EiC partnership" is a partnership established between secondary schools and LEAs to administer the Specific Formula Grant – Excellence in Cities;
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"FE" means further education as defined in section 2(3) of the 1996 Act[15];
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a reference to "government grants inside AEF" is a reference to the following: the Excellence in Cities Grant; the Leadership Incentive Grant; the Performance Standards Fund Grant; the School Standards Grant; the Standards Fund Grant; the Teachers' Pay Reform Grant; and the Threshold and Performance Pay Grant;
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a reference to "government grants outside AEF" is a reference to the following: Education Maintenance Allowances; payments by the Higher Education Funding Council; LSC Adult Education Grant; LSC Sixth Form Grant and mandatory awards;
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"Higher Education Funding Council" means the body of that name established under section 62 of the Further and Higher Education Act 1992[16];
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"HE" means higher education as defined in section 579 of the 1996 Act;
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"ICT" means information and communication technology;
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"ISB" means the individual schools budget;
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"LEA" means local education authority;
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the "Leadership Incentive Grant" is the sum of money paid to a LEA under a grant of that name by the Secretary of State under section 14 of the 2002 Act;
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"LSC" means the Learning and Skills Council for England[17];
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"the LSC Adult 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;
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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;
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"mandatory award" means an award which a LEA have an obligation to bestow upon persons ordinarily resident in their area in respect of attendance at designated courses[18];
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"maintained school" means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school[19];
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a reference to "music service" is a reference to expenditure on the provision of music tuition and other activities which enable school pupils to enhance their learning and appreciation of music;
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"NMSS" means non-maintained special school;
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"nursery school" has the meaning given to this expression in section 6(1) of the 1996 Act[20];
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"outturn statement" means the statement referred to in section 52(2) of the 1998 Act;
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The "Performance Reward Grant" is a specific formula grant of that name paid to a LEA by the Secretary of State;
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the "Performance Standards Fund Grant" is the sum of money paid under a grant of that name to a LEA by the Secretary of State under section 14 of the 2002 Act;
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"PRC" means premature retirement costs;
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a reference to "pupil support" is a reference to expenditure on a LEA's functions under sections 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 Act[21];
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"primary school" has the meaning given to this expression in section 5(1) of the 1996 Act;
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"school" means a maintained school;
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the "School Standards Grant" is the sum of money paid under a grant of that name to a LEA by the Secretary of State under section 14 of the 2002 Act;
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"secondary school" has the meaning given to this expression in section 5(2) of the 1996 Act;
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"SEN" means special educational needs;
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"special educational needs" and "special educational provision" have the meanings given to those expressions by section 312 of the 1996 Act;
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"specific formula grant" means a grant known as such and paid under section 31 of the Local Government Act 2003[22];
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a reference to the "Specific Formula Grant - Excellence in Cities" is a reference to the specific formula grant entitled "Excellence in Cities Grant" paid by the Secretary of State to LEAs participating in the EiC programme;
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a reference to "Specific Formula Grant – Excellence in Cities for City Learning Centres" is a reference to expenditure from the Excellence in Cities Grant on City Learning Centres;
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a reference to "Specific Formula Grant - Threshold Administration Costs" is a reference to the costs incurred by LEAs in distributing, and determining the distribution of, the Threshold and Performance Pay Grant;
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a reference to the "Specific Formula Grant - Threshold and Performance Pay" is a reference to the specific formula grant entitled "Threshold and Performance Pay Grant" paid to a LEA by the Secretary of State;
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"special school" has the meaning given to that expression by section 6(2) of the 1996 Act;
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"SSG" means the grant known as the "School Standards Grant";
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a reference to "student support" is a reference to expenditure incurred by a LEA on assessment of elibility for, and administration of, mandatory awards, discretionary awards and other allowances and grants paid to FE and HE students;
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a reference to the "Standards Fund" is a reference to the sum of money paid under a grant entitled the "Standards Fund Grant" to a LEA by the Secretary of State under section 14 of the 2002 Act[23];
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a reference to "Standards Fund - non-devolved" is a reference to moneys paid to a LEA under the Standards Fund Grant which have 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 Act[24];
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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;
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the "Teachers' Pay Reform Grant" is a specific formula grant of that name paid to a LEA by the Secretary of State;
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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
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"youth service" means a service provided in exercise of a LEA's functions under section 15B[25] or section 508[26] of the 1996 Act, or section 114 of the 2000 Act.
(2) In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.
Revocation and saving
3.
—(1) The 2005 Outturn Regulations are revoked.
(2) Notwithstanding paragraph (1) above, the 2005 Outturn Regulations continue to apply in relation to the financial year beginning on 1st April 2004.
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 the financial year beginning on 1st April 2005, (the "relevant funding period").
Prescribed form of, and information to be contained in, outturn statements
5.
For the purposes of section 52(3)(a) of the 1998 Act, an outturn statement is prepared in three parts and contains the information prescribed for the purposes of section 52(2) as follows—
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(a) Part 1 is in the form prescribed in Schedule 1 and contains information with respect to—
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(i) a LEA's planned expenditure from their schools budget and LEA budget as specified in the budget statement prepared by the LEA in respect of the relevant funding period, and
(ii) expenditure incurred by the LEA, or treated by the LEA as having been incurred, from those budgets during that funding period.
(b) Part 2 is in the form prescribed in Schedule 2 and contains information with respect to—
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(i) a LEA's planned expenditure from their schools budget as specified in the budget statement prepared by the LEA for the relevant funding period; and
(ii) expenditure incurred by the schools,
(iii) 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,
(iv) any other resources allocated to schools by the LEA,
(v) other accountable resources held and expended by schools,
(vi) expenditure on the youth service by the LEA
during the relevant funding period.
(c) Part 3 is in the form prescribed in Schedule 3 and contains information in relation to each school with respect to—
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(i) the school's planned budget share, as specified in the budget statement prepared by the LEA for the relevant funding period; and
(ii) expenditure incurred by the LEA, or treated as having been incurred, in respect of that school,
(iii) other resources allocated by the LEA to that school, and
(iv) accountable resources held and expended by that school
during the relevant funding period.
Prescribed manner and time of publication of outturn statements
6.
—(1) For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement is published by—
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(a) supplying a copy to the Secretary of State for Education and Skills; and
(b) making a copy available for inspection at all times free of charge—
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(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 25th August 2006.
(3) A LEA must revise any outturn statement where they discover any errors in that statement.
(4) Where a LEA revises any outturn statement, the revised statement must in the form prescribed by regulation 5, and must be published in accordance with the requirements of paragraph (1).
Jim Knight
Minister of State Department for Education and Skills
4th July 2006
(This note is not part of the Regulations)
These Regulations prescribe the form and content of, and the publication requirements for, the outturn statement of a LEA for the financial year beginning 1st April 2005, ("the relevant funding period").
Notes:
[1] 1998 c.31. Section 52 has been amended by section 45 of the 2002 Act and section 117 of, and paragraph 10 of Schedule 18 to, the Education Act 2005 (c.18). 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 of the 1998 Act.back
[6] S.I. 2004/3131 as amended by 2005/526.back
[8] Section 482 of the 1996 Act was substituted by section 65 of the 2002 Act.back
[9] Section 527A has been repealed. Behaviour Support Plans are replaced by children and young people's plans under section 17 of the Children Act 2004 (c. 31). The requirement to prepare and publish such plans came into effect on the 1st April 2006. During the relevant funding period local authorities prepared and published Behaviour Support Plans.back
[10] 2003 c.26. Regulations made under this section are the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 (S.I. 2003/3146, as amended by S.I. 2004/534 and 2004/3055). "Proper practices" are defined in section 2 of the Act and regulation 61 of the Regulations.back
[12] Section 2 of the Education (Fees and Awards) Act 1983 (c. 40) contains a power to make regulations in relation to awards made under section 2 of the Education Act 1962 (discretionary awards). Regulations under this section are the Education (Fees and Awards) Regulations 1997 (S.I. 1997/1972). Relevant amending S.I.s are S.I. 2003/3280 and S.I.2006/483. The regulations provide that LEAs may adopt rules of eligibility for these awards. LEAs may also make awards under section 518 of the 1996 Act. This section was substituted by section 129 of the 1998 Act.back
[13] This definition of education maintenance allowances comes from section 108(8)(a) of the Education Act 2005.back
[14] The functions and role of the Education Welfare Service are set out in DFEE Circular 11/99.back
[15] Section 2(3) was amended by section 215(2) of, and Part 3 of Schedule 22 to, the 2002 Act.back
[17] The Learning and Skills Council for England was established under section 1 of the 2000 Act.back
[18] The obligation to bestow these awards comes from section 1(1) of the Education Act 1962 (c. 12). This Act was repealed by the Teaching and Higher Education Act 1998 with transitional and savings provisions.The repeal does not affect the continued operation of the provisions that relate to the making of subordinate legislation. Relevant regulations made under section 1(1) are: the Education (Mandatory Awards) Regulations 2003, SI 2003/1994, the Education (Mandatory Awards) (Amendment) Regulations 2004, SI 2004/1038 and the Education (Mandatory Awards) (Amendment) Regulations 2005, SI 2005/2083. These regulations describe the designated courses and the methodology for calculating grants. Regulation 8 of the Education (Mandatory Awards) Regulations 2003 modifies section 1(1) of the 1962 Act in relation to ordinary residence.back
[19] This definition reflects subsection (1A) of section 45 of the 1998 Act which was inserted by paragraph 99 of Schedule 21 to the 2002 Act.back
[20] Subsection (1) was amended by paragraph 11 of Schedule 7 to the Education Act 1997 (1997 c. 44) and section 156(1) of the 2002 Act.back
[21] Section 518 was substituted by section 129 of the 1998 Act. Regulations made under section 518(1)(a) are the Local Education Authority (Payment of School Expenses) Regulations 1999.(S.I. 1999/1727).back
[23] The Standards Fund comprises a number of different grants paid by the Secretary of State to LEAs and schools. These grants are listed in guidance entitled "Standards Fund 2005-6" which is available on www.dfes.gov.uk/standardsfund.back
[24] )Section 45A(2) has been amended by section 101 of and paragraphs 3(1), 4(a), (b) and (5) of Schedule 16 to, the Education Act 2005 (2005 c. 1386).back
[25] Section 15B was inserted by paragraph 55 of Schedule 9 to the 2000 Act.back
[26] Section 508 was amended by section 137 of the 2000 Act.back
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