Regulation 11 Cash protection
Subject to paragraphs (3) and (4), paragraph applies in the case of a school which became a grant-maintained school before 1st April in the financial year in question and in respect of which the amount first referred to in regulation 10(1) or, where the funding authority determine an amount under regulation 13(8) or (9) in respect of the school, the sum of those amounts is less than—
as respects a primary or secondary school—
subject to (ii) below, 80.01% of the amount which was determined in respect of the school for the financial year beginning on 1st April 1993 under (as the case may be) regulation 8 (or that regulation as it has effect in accordance with regulation 9) or regulation 13(4) of the 1993 Regulations; or
if no amount was so determined under the 1993 Regulations or if the amount so determined is less than the amount which was determined in respect of the school for the financial year beginning on 1st April 1994 under (as the case may be) regulation 9 (ignoring for this purpose the effect of regulation 10) or regulation 15(4) of the 1994 Regulations, 88.9% of the amount so determined under the 1991 Regulations; or
as respects a special school less than 88.9% of the school’s budget share for the preceding financial year determined under the 1994 Special Schools Regulations.
In any case to which this paragraph applies, regulation 10 shall have effect as if it required the funding authority to determine—
in a case referred to in paragraph (1)(a)(i), an amount equal to 80.01% of the amount which was determined in respect of the school for the financial year beginning on 1st April 1993;
in a case referred to in paragraph (1)(a)(ii) or (b), an amount equal to 88.9% of the amount which was determined in respect of the school for the financial year beginning on 1st April 1994 under the aforementioned regulations of the 1994 Regulations or under the 1994 Special Schools Regulations (as the case may be).
Paragraph (4) applies where a school, which became a grant-maintained school before 1st April in the financial year in question, is significantly enlarged, as part of proposals involving the discontinuance of another school which also became a grant-maintained school before 1st April in the financial year in question, and in respect of the first mentioned school the amount first referred to in regulation 10(1) or, where the funding authority determine an amount under regulation 13(8) or (9) in respect of that school, the sum of those amounts is less than—
subject to sub-paragraph (b) below, 80.01% of the amount which was determined in respect of both the schools referred to above for the financial year beginning on 1st April 1993 under (as the case may be) regulation 8 (or that regulation as it has effect in accordance with regulation 9) or regulation 13(4) of the 1993 Regulations; or
if no amount was so determined under the 1993 Regulations or if the amount so determined is less than the amount which was determined in respect of both the schools referred to above for the financial year beginning on 1st April 1994 under (as the case may be) regulation 9 (ignoring for this purpose the effect of regulation 10) or regulation 15(4) of the 1994 Regulations, 88.9% of the amount so determined in respect of both the schools referred to above under the 1994 Regulations.
In any case to which this paragraph applies, regulation 10 shall have effect as if it required the funding authority to determine such amount as appears to them to be fair and reasonable, being not less than the amount first referred to in regulation 10(1), or, where the funding authority determine an amount under regulation 13(8) or (9) in respect of the school, the sum of those amounts, and not more than—
in a case referred to in paragraph (3)(a), an amount equal to 80.01% of the amount which was determined in respect of both schools for the financial year beginning on 1st April 1993;
in a case referred to in paragraph (3)(b), an amount equal to 88.9% of the amount which was determined in respect of both schools for the financial year beginning on 1st April 1994.