Regulation 21 Additional provisions for determinations and redeterminations for the financial year beginning on 1st April 1999
A local education authority may, in the case of a school which is, or was immediately before 1st April 1999, a county, voluntary or maintained special school within the meaning of the 1996 Act, determine or redetermine that school’s budget share for the financial year beginning on 1st April 1999 to take into account changes, during the course of any preceding financial year, in data, other than pupil numbers, by reference to which the school’s budget share within the meaning of the 1996 Act for that year was determined if—
such changes have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act for a preceding financial year; and
such determination or redetermination as is proposed in the financial year commencing on 1st April 1999 could also have been made in the financial year beginning on 1st April 1998, as a determination or redetermination under the terms of the authority’s scheme in force in that year or, as a consequence of a revision to that scheme, could have been made as part of the initial determination of a school’s budget share for the financial year beginning on 1st April 1999.
A local education authority shall, in the case of a school which is, or was immediately before 1st April 1999, a grant-maintained or grant-maintained special school, determine or redetermine that school’s budget share for the financial year beginning on 1st April 1999 to take into account changes, during the course of any preceding financial year, in data, other than pupil numbers, by reference to which the school’s maintenance grant for that year was determined if—
such changes have not already been taken into account in any determination or redetermination of that school’s maintenance grant for a preceding financial year; and
such determination or redetermination as is proposed in the financial year commencing on 1st April 1999 could also have been made on 1st April 1998 as a determination or redetermination of the school’s maintenance grant for the preceding financial year in question.
A local education authority shall determine or redetermine a school’s budget share in accordance with paragraph (2) by adding or subtracting an amount determined by the Secretary of State, in accordance with the provisions of the regulations made under section 244(2) of the 1996 Act (for England or Wales as the case may be) in force on 1st April 1998 and as if any reference in the regulations for England to the Funding Agency for Schools was a reference to the Secretary of State.
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.