S.I. 2008/228: memorandum from the Department for Children, Schools and Families

School Finance (England) Regulations 2008 (S.I. 2008/228)

The Committee has requested a memorandum on the following points:

(1)  Regulation 2 revokes previous instruments including S.I. 2004/3130, the Financing of Maintained Schools (England) Regulations 2004 (from the reference to which 'Regulations' appears to have been omitted), and S.I. 2004/3131, the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 (from the reference to which '(England)' appears to have been omitted). Given regulation 2 of the Schools Finance (England) Regulations 2006 (S.I. 2006/468), why does regulation 2 of these Regulations include revocation of the latter?

The department is grateful for notification of the point and agrees

• that the word "Regulations" is incorrectly omitted from the reference to the Financing of Maintained Schools (England) Regulations 2004/3130 and will arrange for this to be rectified in the Annual Edition of the UK Statutory Instruments and on the OPSI website;
• that it was incorrect to revoke the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 and the LEA Budget, Schools budget and Individual Schools Budget (Amendment) (England) Regulations 2005/526 as they were revoked in the School (not Schools) Finance (England) Regulations 2006 (S.I. 2006/468). It does not propose to take any action to rectify this as it appears that the revocation has no effect.

(2)  In what way is the second part of paragraph 29 of Schedule 2 introduced in the main part of the Regulations?

Schedule 2 to the Regulations lists the planned expenditure which may be deducted from the schools budget in order for a LEA to determine the individual schools budget. A number of the expenditure items listed include provisos which govern whether or not the specific item may be deducted. When drafting this item it was considered clearer to turn what had been a proviso in previous regulations, into a specific requirement but the department accepts that this is not sufficiently linked with the duty in regulation 7(1) to deduct the items proposed to be deducted. The Regulations are likely to be amended during the year and at the latest in respect of the next financial year and will amend the provision at that time.