# The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1995, Regulation 13: Determination of an amount in respect of school meals, contingencies, nursery education and expenditure due to ethnic minority population


(1) Subject to paragraph (2), the funding authority shall determine the amount which is the sum of the amounts determined in accordance with paragraphs (3) to (9).
(2) In any case where the funding authority determine an amount under regulation 7, paragraph (1) shall have effect as if it required them to determine an amount equal to the amount referred to in paragraph (3).
(3) Subject to paragraph (4), the funding authority shall determine an amount in respect of the provision of school meals calculated by the application of the following formula—
(M×F)(P)+(S×G)(B) , where
M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the local education authority’s planned expenditure for the financial year in question in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the preceding financial year determined by the funding authority;
G is the total of the local education authority’s planned expenditure for the financial year in question on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the preceding financial year determined by the funding authority.
(4) (a) ln the case of a school which becomes a grant-maintained school on or after 1st April in the financial year in question, pursuant to proposals published by promoters under section 49 of the 1993 Act, the formula in paragraph (3) shall apply but "S" shall be the number of registered pupils at the school who bought meals at the school on a date in the financial year in question (which may be no later than a date in the second term of the school year) determined by the funding authority.
(b) Without prejudice to regulation 22, until such time as the funding authority are able to determine an amount by the application of the formula in paragraph (3), as modified by this paragraph, having regard to the date determined by them for the purposes of "S", the funding authority shall determine such amount in respect of the provision of school meals as appears to them to be fair and reasonable.
(5) In paragraph (3)—
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the funding authority;
“planned expenditure” means the initial amount appropriated by the local education authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; and
“relevant schools” means all primary or all secondary schools or all special schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 42 of the 1988 Act, according as to whether the school is a primary school, a secondary school or a special school.
(6) The funding authority shall determine the amount which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in respect of contingencies.
(7) Where the school provides education for junior pupils who have not attained the age of five years, the funding authority shall determine an amount in respect of such provision which they are satisfied is fair and reasonable having regard in particular to the extent to which, in their opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 6, 8 or 9.
(8) Subject to paragraph (9), the funding authority shall determine the amount (if any) which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in support of expenditure of the kind referred to in section 11 of the Local Government Act 1 966 in respect of posts approved by the Secretary of State for the purpose of making grants in respect of such expenditure, not being expenditure expected to be offset by income received as central government grant or grant from any of the European Communities.
(9) If no such amount as referred to in paragraph (8) could have been so allocated for the financial year in question the funding authority shall determine the amount which could have been so allocated for the last financial year, if any, in which any amount could have been so allocated.

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Source: https://www.legislation.gov.uk/uksi/1995/936/regulation/13 (the official version)
Page: https://openlegislation.uk/education-grant-maintained-and-grant-maintained-special-schools-finance-regulations-1995/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.