Guide to the Law Updates - December 2010

Chapter 8
Page 1 paragraph 4 has been reworded to say: 'The Schools Standards Framework Act 1998 (the SSFA) sets out the legal framework within which LAs allocate their education expenditure to schools. The School Funding (Wales) Regulations 2010 came into force on 1 September 2010 for the financial 2011-12 onward. They amalgamate and replace the following school funding regulations: The Education (LA Financial Schemes) (Wales) Regulations 2004’, The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003 and The Schools Budget Shares (Wales) Regulations 2004.
Page 2 paragraph 6 replaces 'The LA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003’ with 'The School Funding (Wales) Regulations 2010’
Page 2 paragraph 9 replaces 'The Schools Budget Shares (Wales) Regulations 2004’ with 'The School Funding (Wales) Regulations 2010’
Page 2 paragraph 12 includes information saying 'The School Funding (Wales) Regulations 2010 introduces a new provision from 2011-12 onwards. LAs will set an annual budget for schools and provide forecasted budgets over the following 2 funding periods’.
Page 2 paragraph 14 replaces 'The Education (LA Financial Schemes) (Wales) Regulations 2004’ with 'The School Funding (Wales) Regulations 2010’ and that 'Any revisions to the scheme must be approved by the schools forum. If the schools forum refuse to approve the revisions, they must be submitted to the Welsh Ministers for approval’.
Page 3 paragraph 16 replaces 'The Education (LA Financial Schemes) (Wales) Regulations 2004’ with 'The School Funding (Wales) Regulations 2010’ and explains that 'When surplus budgets held by schools exceed £50k for primary schools, or £100k for secondary schools and special schools a LA may direct a school how to spend the balance. The LA may, if the governing body does not comply with such a direction, require the governing body to pay all or part of that surplus back to the LA with the proceeds applied to the LAs School Budget’.
Page 4 paragraph 27 removes the paragraph explaining that 'The School Funding (Wales) Regulations 2010’ will be introduced on 1st September 2010.
Page 7 The Law – removal of the hyperlinks to The Education (LEA Financial Schemes) (Wales) Regulations 2004; The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003; and The Schools Budget Shares (Wales) Regulations 2004.

Chapter 14
Page 6 paragraph 22 first bullet point now reads:
Admission authorities for schools with a designated religious character (faith schools) may give first priority to all LAC, whether or not they are of the faith. As a minimum they must give priority to LAC of their faith above any other children of their faith, then to LAC not of their faith ahead of others not of their faith.

Chapter 17
Page 1 paragraph 2 now reads:
The Welsh Assembly Government has produced 'Guidance for Governing Bodies on Charging for School Activities’.
Page 3 paragraph 12 there is an additional indication arrow stating 'Income Related Employment and Support Allowance’.

Chapter 19
Page 3 paragraph 9 'Health Authorities, NHS Trusts, have been removed.
Page 4 paragraph 14 has moved to paragraph 12
Page 4 paragraph 12 has moved to paragraph 13 and now reads “Where statutory objections are made to any proposal or a change of category is proposed, the proposal cannot go ahead without the approval of the Welsh Ministers”.
Page 4 paragraph 13 has moved to paragraph 14 and now reads “If no objections are received to a proposal, and it does no involve a change of category, the LA or governing body must decide whether to carry it out within four months of notice of the proposal being submitted to the WAG.
Page 5 below the guidance heading NAfW Circular 23/02 has been replace by WAG Circular 21/09.

Chapter 25
Page 12 below paragraph 66 reads as follows: The Welsh Assembly Government has issued more detailed Guidance for Schools in Circular 05/2008 'Safeguarding Children in Education: the role of local authorities and governing bodies under the Education Act 2002’. This supplements the Welsh Assembly Governments earlier guidance in Circular 2007 'Safeguarding Children: Working Together Under the Children Act 2004’ which outlines additional guidance on safeguarding in Specific Circumstances.