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—

“the 1996 Act” means the Education Act 1996( 2 );

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

“the 2000 Act” means the Learning and Skills Act 2000( 3 );

“the 2002 Act” means the Education Act 2002( 4 );

“the 2004 Regulations” means the Financing of Maintained Schools (England) Regulations 2004( 5 );

“the Budget Regulations” means the LEA Budget, School Budget and Individual SchoolsBudget Regulations (England) 2004( 6 );

“the 2005 Outturn Regulations” means the Education (Outturn Statements) (England) Regulations 2005( 7 );

“Academy” means an independent school funded by the Secretary of State under section 482 of the 1996 Act( 8 );

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;

“AEF” means aggregate external finance;

“behaviour support plan” means a plan prepared under section 527A of the 1996 Act( 9 );

“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 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 );

“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( 11 );

“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;

“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;

“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;

“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( 12 );

“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 );

“Education Welfare Service” is a LEA service for the purpose of reducing levels of unauthorised absence from schools( 14 );

“EiC” means the Department for Education and Skills' programme known as Excellence in Cities;

“EiC partnership” is a partnership established between secondary schools and LEAs to administer the Specific Formula Grant – Excellence in Cities;

“FE” means further education as defined in section 2(3) of the 1996 Act( 15 );

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;

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;

“Higher Education Funding Council” means the body of that name established under section 62 of the Further and Higher Education Act 1992( 16 );

“HE” means higher education as defined in section 579 of the 1996 Act;

“ICT” means information and communication technology;

“ISB” means the individual schools budget;

“LEA” means local education authority;

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;

“LSC” means the Learning and Skills Council for England( 17 );

“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;

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 LEAhave an obligation to bestow upon persons ordinarily resident in their area in respect of attendance at designated courses( 18 );

“maintained school” means a community, foundation or voluntary school, a community or foundationspecial school, or a maintained nursery school( 19 );

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;

“NMSS” means non-maintained special school;

“nursery school” has the meaning given to this expression in section 6(1) of the 1996 Act( 20 );

“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;

The “Performance Reward Grant” is a specific formula grant of that name paid to a LEA by the Secretary of State;

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;

“PRC” means premature retirement costs;

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 );

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

“school” means a maintained school;

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;

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

“SEN” means special educational needs;

“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;

“specific formula grant” means a grant known as such and paid under section 31 of the Local Government Act 2003( 22 );

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;

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;

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;

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;

“special school” has the meaning given to that expression by section 6(2) of the 1996 Act;

“SSG” means the grant known as the “School Standards Grant”;

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;

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 );

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 );

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;

the “Teachers' Pay Reform Grant” is a specific formula grant of that name paid to a LEA by the Secretary of State;

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 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 1 ^st 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 1 ^st 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—

(a) Part 1 is in the form prescribed in Schedule 1 and contains information with respect to—

(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—

(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—

(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—

(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—

(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 ^th 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).

SCHEDULE 1 FORM OF PART 1 OF AN OUTTURN STATEMENT

Reconciliation table page 1

Reconciliation table page 2

Reconciliation table page 3

Reconciliation table page 4

SCHEDULE 2 FORM OF PART 2 OF AN OUTTURN STATEMENT

Table A page 1

Table A page 2

Table A page 3

Table A page4

Table A page 5

Table A page 6

YS Annex

SCHEDULE 3 FORM OF PART 3 OF AN OUTTURN STATEMENT HEADING