{
  "url": "https://openlegislation.uk/draft-financing-of-maintained-schools-regulations-1998/regulation-16",
  "json_url": "https://openlegislation.uk/draft-financing-of-maintained-schools-regulations-1998/regulation-16.json",
  "legislation": "ukdsi/1998/0110799437",
  "legislation_title": "The Financing of Maintained Schools Regulations 1998",
  "legislation_url": "https://openlegislation.uk/draft-financing-of-maintained-schools-regulations-1998",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Budget share adjustments",
  "text": "(1) Subject to paragraph (3), where a school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for the preceding financial year was—\n(a) determined by reference to an estimate of the number of registered pupils at the school; and\n(b) differences between the estimated number of pupils on those dates and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share or maintenance grant for that preceding financial year,\nthe local education authority shall determine that school’s budget share so as to take into account those differences.\n(2) Subject to paragraph (3) and regulation 21, a local education authority may determine a school’s budget share so as to take into account any other change during the course of the preceding financial year in the data by reference to which the school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for that year was determined, if those changes were not taken into account in a redetermination of the school’s budget share or maintenance grant for that preceding financial year.\n(3) Paragraphs (1) and (2) shall not apply to a school which received transitional funding under regulation 9 of the 1998 Regulations in that preceding financial year.\n(4) A local education authority may adjust the number of registered pupils used to determine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly—\n(a) any reduction or increase in the school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for the preceding financial year, or any additional allocation in that year for the purposes of the school in accordance with the authority’s scheme within the meaning of the 1996 Act, arising from the permanent exclusion of a pupil from the school or the admission to the school of a pupil permanently excluded from another maintained school; or\n(b) any increase in the school’s budget share (within the meaning of the 1996 or 1998 Act) or maintenance grant for the preceding financial year, or any additional allocation in that year for the purposes of the school in accordance with the authority’s scheme within the meaning of the 1996 Act, arising from significant increases in pupil numbers during the course of the preceding financial year.\n(5) A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/1998/0110799437/regulation/16",
    "retrieved_at": "2026-10-30T15:20:10.159431+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}