LOCAL GOVERNMENT, ENGLAND AND WALES Citation and commencement 1 1 These Regulations may be cited as the Block Grant (Education Adjustments) (England) Regulations 1987. 2 These Regulations shall come into force on 1st April 1987. Interpretation 2 1 In these Regulations, unless the context otherwise requires— “ the Act ” means the Local Government, Planning and Land Act 1980; “authority” means local education authority in England; “financial year” means period of 12 months ending on 31st March; “further education”,“primary education”,“secondary education”, “registered pupil”, and“school” have the meanings assigned thereto by section 114 of the Education Act 1944 ; “qualified teacher” has the meaning assigned by Regulation 13 of the Education (Teachers) Regulations 1982 ; “redundancy payments” means payments under Part VI of the Employment Protection (Consolidation) Act 1978 ; “salary” includes employer’s superannuation and social security contributions; “special educational needs” has the meaning assigned by section 1 of the Education Act 1981 ; “standard rates” means such standard rates at which the cost of tuition may be agreed or determined for the purpose of section 51 of the Education (No.2) Act 1986 or determined for the purpose of section 52 of that Act; “travelling pupils” means pupils who have no fixed abode by reason of the nomadic way of life of their parents; “year” means calendar year; and “youth and community worker” means a person who is employed full-time as a youth worker or a community centre warden in connection with the provision of such facilities for further education as are mentioned in section 41(b) of the Education Act 1944, and who is qualified as mentioned in Schedule 1. 2 For the purposes of these Regulations a pupil shall be treated as not belonging to the area of any local education authority in England or Wales if he is so treated for the purposes of paragraph 5(5) of Schedule 10 to the Act by virtue of paragraph 10 of that Schedule and regulations from time to time in force under section 38(5) of the Education Act 1980. Expenditure to which the Regulations apply 3 1 These Regulations do not apply to any expenditure from revenue in respect of capital outlay other than that specified in paragraph (3)(a)(ii) or paragraph (3)(f) below but, subject thereto, apply to expenditure incurred after 31st March 1987 being— a expenditure in connection with further education of an advanced character specified in paragraph (2) below; and b other educational expenditure specified in paragraph (3) below. 2 The expenditure in connection with further education of an advanced character mentioned in paragraph (1)(a) above and specified hereby for the purposes of paragraph 6(3) of Schedule 10 to the Act is expenditure incurred in connection with the provision, or in assisting the provision, by an establishment of further education of any course specified in Schedule 2, but does not include any such expenditure as is mentioned in paragraph (3)(a), (b), (c), (d), (e) or (f) below. 3 The educational expenditure mentioned in paragraph (1)(b) above and specified hereby for the purposes of paragraph 5(3) of Schedule 10 to the Act is expenditure incurred— a in connection with the provision referred to in paragraph (2) above, being— i payments in respect of loan charges, rent or other outgoings under leases of land or payments under contracts entered into before 1st April 1982 for the leasing of equipment; or ii expenditure from revenue on capital works and equipment not exceeding £150,000 in any financial year in respect of any one establishment of further education recognised by the Secretary of State as a polytechnic, or £60,000 in any such year in respect of any other establishment of further education; b by way of payments made by a local authority as compensating authority under the Colleges of Education (Compensation) Regulations 1975 ; c by way of payments to teachers who, in consequence of a direction given by the Secretary of State under— i Regulation 3(2) of the Further Education Regulations 1975 , ii Regulation 15 of the Education (Schools and Further Education) Regulations 1981 , being a direction relating to a course for the training of teachers, or iii Regulation 16 of the said 1981 Regulations, have ceased to be employed in a college for the training of teachers or in a department for the training of teachers in any other establishment of further education, being payments of the amount by which the salary to which any such teacher is entitled under section 1(2) of the Teachers' Pay and Conditions Act 1987 or by virtue of any agreement of a kind referred to in that subsection exceeds the salary which would normally be appropriate to the post held by him; d by way of payments in respect of persons who, on or after 1st April 1981, ceased or cease to be wholly or mainly employed, either in connection with the provision at an establishment of further education of any course specified in Schedule 2, or otherwise than in such a connection at an establishment where the majority of students are engaged on such courses, being either— i redundancy payments; or ii payments made in pursuance of the Local Government (Compensation for Premature Retirement) Regulations 1982 , the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 or the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985 or of other regulations made (after 3rd March 1987) under section 24 of the Superannuation Act 1972 , or in pursuance of any contract or arrangement made by a local authority in the expectation that regulations providing for such payments would be made under the said section 24; e by way of payments under the Teachers (Compensation) (Advanced Further Education) Regulations 1983 , or payments in lieu of notice to a teacher whose employment is terminated in the circumstances referred to in Regulation 3(2) of those Regulations; f in defraying expenditure (including expenditure in respect of capital outlay) attributable to the operation of the National Advisory Body for Public Sector Higher Education; g in making provision for the primary, secondary or further education of pupils not belonging to the area of any local education authority in England or Wales and in the payment of awards to such pupils, excluding any provision or award relating to a course specified in Schedule 2. Ascertainment of expenditure and provision of information 4 1 Every authority shall furnish to the Secretary of State, in such form as he may direct— a not later than 31st October in each financial year, an estimate of— i the expenditure incurred by the authority in the previous financial year; ii the expenditure likely to be so incurred in the current financial year; iii the expenditure likely to be so incurred in the ensuing financial year; iv if the Secretary of State so requires, the numbers for the current financial year of such categories of staff and students as he may specify; and v if the Secretary of State so requires, the likely numbers for the ensuing financial year of such categories of staff and students as he may specify; b as soon as is practicable after the authority’s accounts have been audited, an account of the expenditure incurred in the year to which the audit relates; c as soon as practicable after the end of each financial year and if the Secretary of State so requires, the actual numbers for that year of such categories of staff and students as the Secretary of State may specify. 2 Where an authority fails to furnish any estimate of expenditure or of numbers or likely numbers in accordance with or required under paragraph (1)(a) above, the Secretary of State may himself make such estimate. 3 For the purposes of paragraphs (1) and (2) above, expenditure means expenditure to which these Regulations apply. Expenditure which is to be taken into account 5 1 The amount of the expenditure falling within Regulation 3(1)(a) which is to be taken into account for the purpose of these Regulations in any financial year is such sum as, after consultation pursuant to paragraph 8 of Schedule 10 to the Act, may be specified by the Secretary of State in the preceding year, together with such additional sums if any as he may, after like consultation, specify before the end of the financial year in question. 2 The amount of the expenditure falling within Regulation 3(1)(b) which is to be taken into account for the purpose of these Regulations is— a except as provided in sub-paragraphs (b) and (c) below, the full amount of any expenditure specified in Regulation 3(3)(g) which is attributable to tuition costs, at standard rates; b subject to sub-paragraph (c) below, the full amount of any expenditure specified in Regulation 3(3)(g) which is attributable to tuition costs, at standard rates, in respect of the actual attendance at schools of travelling pupils; c 75% of any expenditure specified in Regulation 3(3)(g) which is attributable to special provision for travelling pupils, if the amount so calculated exceeds the amount which would otherwise be taken into account under sub-paragraph (b) above; d the full amount of any expenditure specified in Regulation 3(3)(d)(i), less the amount of any rebates paid to the authority under section 104 of the Employment Protection (Consolidation) Act 1978 ; e 90% of any expenditure specified in Regulation 3(3)(d)(ii) or 3(3)(e); f the whole of the other expenditure specified in Regulation 3(3). Apportionment of expenditure 6 1 The expenditure taken into account in pursuance of paragraph (1) or (2) of Regulation 5 shall be so apportioned among authorities that each authority’s share— a of the aggregate of such expenditure as is specified in Regulations 3(2) and 3(3)(a) to (f) bears the same proportion thereto as the number of students belonging to the area of that authority attending a course to which this Regulation applies (counted in accordance with paragraph (3) below) bears to the total number of students (so counted) belonging to the area of an authority attending such a course in England; b of the aggregate of such expenditure as is specified in Regulation 3(3)(g) bears the same proportion thereto as the school population of the authority (ascertained in accordance with paragraph (4) below) bears to the aggregate school population of all authorities. 2 This Regulation applies to any course specified in Schedule 2 provided at an establishment of further education maintained or assisted by an authority. 3 For the purpose of counting under paragraph (1)(a) above the number of students belonging to the area of the authority attending a course to which this Regulation applies— a those attending a full-time course shall each be counted as 1, those attending a sandwich course shall each be counted as 0.9, those attending a part-time course wholly or partly by day shall each be counted as 0.4 and those attending a course wholly in the evening shall each be counted as 0.2; b those attending a course of less than 19 weeks duration shall not be counted; c a student shall be counted as belonging to the area of an authority if he would fall to be treated as belonging to that area for the purposes of section 51 of the Education (No.2) Act 1986 . 4 The school population of an authority shall be treated as the aggregate of the numbers of children who have attained the age of five years and are— a pupils belonging to the area of the authority who are registered pupils at schools maintained or assisted by any local education authority in England and Wales or who receive education otherwise than at school in accordance with arrangements made by the authority; b pupils not belonging to the area of any local education authority in England or Wales who are registered pupils at schools maintained or assisted by the authority; and c pupils at other schools the fees for whose tuition are paid in full by the authority. 5 The data necessary for making any apportionment under this Regulation in respect of expenditure incurred or estimated as likely to be incurred in any financial year shall, for each authority, be the latest available to the Secretary of State on the 31st October preceding that financial year. Determination of each authority’s share of advanced further education expenditure 7 The Secretary of State shall— a apportion among authorities any sum specified by him in respect of any financial year in accordance with Regulation 5(1) in such shares as he, after consultation with the National Advisory Body for Public Sector Higher Education, may determine; and b notify each authority as soon as practicable of the amount of its share of the expenditure so determined. Adjustment of block grant 8 1 The amount by which the block grant payable to each authority for any financial year shall be increased or decreased in pursuance of paragraph 6(2) or 5(2) of Schedule 10 to the Act shall be the amount by which the allowable expenditure of that authority within the meaning of paragraph(2)(a) or (b) below for that year exceeds or falls short of its share under Regulation 6 of the expenditure falling to be taken into account in pursuance of Regulation 5(1) or (2), as the case may be. 2 For the purpose of this Regulation the allowable expenditure of each authority is— a as regards expenditure falling within Regulation 3(1)(a) the amount determined by the Secretary of State as its apportioned share in accordance with Regulation 7(a); b as regards expenditure falling within Regulation 3(1)(b) its expenditure which is to be taken into account in pursuance of Regulation 5(2). 3 The amount by which the block grant payable to each authority for any financial year shall be increased or decreased in pursuance of paragraph 2(2) of Schedule 10 to the Act shall be ascertained by reference to the amount by which the block grant for that year is increased or decreased in accordance with paragraph 1 of that Schedule and shall be that proportion thereof as is mentioned in Regulation 6(1)(a) as it applies in relation to that authority. Time for ascertaining adjustment to block grant 9 1 The estimated amount of the increases and decreases of block grant which fall to be made in respect of any financial year shall be ascertained before the commencement of that year. 2 The actual amounts of those increases and decreases shall be so ascertained as soon as is reasonably practicable after the Secretary of State has received accounts for the relevant year from all authorities under Regulation 4(1)(b). Amendment of previous Regulations and consequential provisions 10 1 The Block Grant (Education Adjustments) (England) Regulations 1985 , which apply to certain educational expenditure incurred after 31st March 1985, shall cease to apply to any such expenditure incurred after 31st March 1987, and Regulation 3(1) of those Regulations shall accordingly be amended by the insertion, after the words “incurred after 31st March 1985”, of the words“but before 1st April 1987”. 2 Anything done under any provision of the Regulations specified in paragraph (1) above with reference to expenditure incurred after 31st March 1987 shall have effect as if done under the corresponding provision of these Regulations. Kenneth Baker Secretary of State for Education and Science 3rd March 1987