Statutory Instruments
1997 No. 680

EDUCATION, ENGLAND AND WALES
The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997

Made
4th March 1997

Laid before Parliament
10th March 1997

Coming into force
1st April 1997

In exercise of the powers conferred on the Secretary of State by sections 494(2) and (4) and 569(4) and (5) of the Education Act 1996(1), the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997 and shall come into force on 1st April 1997.

(2) In these Regulations—

“the Act” means the Education Act 1996;

“allocation formula” has the meaning assigned to it by section 106(2) of the Act;

“budget share” in relation to a school means the school’s budget share within the meaning of section 101(3)(c) of the Act;

“relevant date” means—

(a)
the date upon which permanent exclusion first takes effect in accordance with section 494(9) of the Act; or

(b)
in the case of a permanently excluded pupil who is first provided with education in a pupil referral unit or otherwise than at school the date on which that pupil is subsequently admitted to a school; and

“scheme” has the meaning assigned to it by section 101(1) of the Act.

(3) In these Regulations “grant-maintained school” does not include a grant-maintained special school.

Determination of amount

2.  The appropriate amount of funding—

(a)to be transferred for the purposes of section 494(2) of the Act (former provider to pay new provider where pupil permanently excluded from school maintained by local education authority, grant-maintained school or grant-maintained special school);

(b)to be subtracted from the budget share of a school covered by a local education authority’s scheme in accordance with that scheme pursuant to section 494(4)(a) of the Act (school’s budget share to be reduced where pupil permanently excluded from school covered by local education authority scheme); and

(c)to be allocated for the purposes of such a school in accordance with the scheme pursuant to section 494(4)(b) of the Act (amount to be allocated where permanently excluded pupil admitted to school covered by local education authority scheme),

shall be the amount determined by the application of the following formula—

where,

A is, subject to regulation 3, the amount attributable in accordance with the allocation formula under the local education authority’s scheme, as it applies in the financial year in which the relevant date falls, to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme; and for the purposes of this definition the reference to the local education authority is a reference—

(a)
to the local education authority maintaining the school from which the pupil is excluded; or

(b)
where the pupil is excluded from a grant-maintained school, the local education authority in whose area the school is situated or, where such a school is situated in the area of more than one local education authority, such local education authority as the Secretary of State, after consultation with those local education authorities concerned, may determine; or

(c)
where the pupil is excluded from a grant-maintained special school—

(i)
the local education authority by which the school was maintained immediately before it became a grant-maintained special school, or

(ii)
where that authority is the subject of a structural or boundary change (or both such changes) within the meaning of section 14 of the Local Government Act 1992(2), effected by an order made under section 17 of that Act, such other local education authority as the Secretary of State, after consultation with that authority, may determine;

B is the number of days on which the school is to meet in the financial year falling on or after the relevant date; and

C is 190.

3.—(1) This regulation applies in relation to pupils permanently excluded from secondary schools in England where no amount is attributable in accordance with the allocation formula under the local education authority’s scheme, as it applies in the financial year in which the relevant date falls, in respect of registered pupils of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme.

(2) Where this regulation applies, the amount referred to in the definition of “A” in the formula in regulation 2 shall instead be the amount attributable to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at grant-maintained schools in the area of the local education authority, as determined in accordance with the regulations made under section 244 of the Act in force on the relevant date(3).

4.  The Education (Amount to follow Permanently Excluded Pupil) Regulations 1994(4) are hereby revoked.

Eric Forth
Minister of State,
Department for Education and Employment
28th February 1997

William Hague
Secretary of State for Wales
4th March 1997

Explanatory Note

(This note is not part of the Regulations)
Section 494 of the Education Act 1996 provides for amounts to be transferred where pupils who have been permanently excluded from a school maintained by a local education authority, a grant-maintained school or a grant-maintained special school receive education in another such school, or a pupil referral unit or pursuant to a local education authority’s duty to provide education otherwise than at school. These Regulations prescribe for the purposes of section 494(2) and (4) of that Act the method of determining the appropriate amount of funding which is to be transferred following such an exclusion.
The changes from the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1994, which are revoked, are as follows.
Provision is made for determining the relevant local education authority where a grant-maintained school straddles the areas of two or more authorities or where the former maintaining authority of a grant-maintained special school has been subject to local government reorganisation.
Provision is also made to determine an appropriate amount of funding where no amount is attributable in accordance with the allocation formula under the authority’s scheme for the local management of schools. The amount will be determined by reference to the current regulations for the funding of grant-maintained schools.


(1)
1996 c. 56. For the meaning of “regulations” see section 579(1).

(2)
1992 c. 19.

(3)
The Regulations in force at the making of these Regulations are the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1996 (S.I. 1996/889).

(4)
S.I. 1994/1697.