{
  "url": "https://openlegislation.uk/draft-financing-of-maintained-schools-regulations-1998/schedule-4/paragraph-3",
  "json_url": "https://openlegislation.uk/draft-financing-of-maintained-schools-regulations-1998/schedule-4/paragraph-3.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": "schedule/4/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) For the purposes of the formula in paragraph 2(1), “b”—\n(a) in the case of a school which is, or was immediately before 1st April 1999, a grant-maintained or grant-maintained special school which was not a charity before acquiring grant-maintained status or being established as a grant-maintained school under Part III of the 1996 Act or becoming a grant-maintained special school in pursuance of Part 2 of the Education (Grant-maintained Special Schools) Regulations, has the value ascribed to it by sub-paragraph (2) below; and\n(b) in all other cases is zero.\n(2) In the case of a school described in sub-paragraph (1)(a) above, “b” is x−y where x has the meaning ascribed to it by sub-paragraph (3) below and y has the meaning ascribed to it by sub-paragraph (4) below.\n(3) x is—\n(a) in the case of a school in respect of which the governing body have made a preliminary decision in accordance with the Education (Allocation of Grant-maintained and Grant-maintained Special Schools to New Categories) Regulations 1998 that the school should be allocated to the category of community, voluntary controlled or community special school on the appointed day, one third; or\n(b) in any other case, four fifths,\nof the amount appearing to the Secretary of State to be payable in respect of non domestic rates by the governing body in respect of the school premises in the financial year beginning on 1st April 1998 as if sections 43(6) and 47 of the Local Government Finance Act 1988 (mandatory and discretionary rate relief) did not apply.\n(4) y is the greater of zero and an amount which is the amount referred to at sub-paragraph (3)(b) above (whether or not sub-paragraph (3)(b) applied in that case) less 2.1 per cent. of (a+z) where\n“a” is the amount determined under paragraph 2(2), (3) or (5) as the case may be; and\n“z” is—\nin the case of a school referred to in paragraph 2(2) or (3), the aggregate of the following amounts, in each case as last determined or redetermined by the Funding Agency for Schools in respect of the school before 15th December 1998 in accordance with the following provisions of the 1998 Regulations—\n(i) regulations 10 and 17(b) (Section 11 funding);\n(ii) regulation 22 (contingencies) in respect of contingencies arising from increases in pupil numbers at the school during the course of the financial year;\n(iii) regulations 17(a), 24, 25 and 26 (additions or deductions representing unspent sums from previous budget shares, budget deficits from previous years and deductions from current year’s budget share); and\nin the case of a school referred to in paragraph 2(5), such amount as the Secretary of State determines is fair and reasonable having regard to the amount of maintenance grant which the Funding Agency for Schools determined in respect of the school in accordance with the 1998 Regulations and the provisions of sub-sub-paragraphs (i) to (iii) above.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1994/653; amended by S.I. 1994/1231 and read with paragraph 1(4) of Schedule 39 to the 1996 Act."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1998/1969."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1st September 1999."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1988 c. 41."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/1998/0110799437/schedule/4/paragraph/3",
    "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."
}