Regulation 30 Determination of amount of maintenance grant
The funding authority shall determine for each relevant authority the amount which remains (referred to in this Part as the “adjusted secondary schools total”) after deducting from the secondary schools total for the authority for that year such amount approximating to 0.2% of that total as appears to the funding authority to be appropriate for the purpose of making provision within that total for redetermining the amounts of the CFF shares of grant-maintained secondary schools situated in the area of the authority and secondary schools maintained by the authority on the grounds referred to in regulation 35(1).
The funding authority shall determine for each grant-maintained secondary school situated in the area of a relevant authority and each secondary school maintained by that authority the amount of the school’s share of the adjusted secondary schools total for that authority and year obtained by dividing that total between those schools in accordance with Schedule 4.
Where the amount of the CFF share for any such school is less than the CFF floor for that school the funding authority shall—
calculate the amount per pupil (within the meaning of Schedule 4) which would be required, if the amount of the CFF share of each grant-maintained secondary school situated in the area of the relevant authority concerned and each secondary school maintained by them were to be redetermined in accordance with that Schedule (but substituting for the amount per pupil referred to in that Schedule in relation to the authority the recalculated amount per pupil), to produce within the adjusted secondary schools total for the authority for the financial year in question the amount (referred to below as the “supplementary amount”)required to permit the amount of the CFF share of each school which is less than the amount of its CFF floor or which would be less than that amount if the amount of the CFF share of each school were to be redetermined as aforesaid, to equal the amount of the school’s CFF floor, by adding a share of the supplementary amount to the amount of the school’s CFF share;
redetermine the amount of the CFF share of each grant-maintained secondary school situated in the area of the relevant authority concerned and each secondary school maintained by them in accordance with Schedule 4 but substituting for the amount per pupil referred to in that Schedule the amount calculated in accordance with sub-paragraph (a) above; and
add to the amount of the CFF share (as so redetermined) of each school which is less than the amount of its CFF floor the amount by which the latter amount exceeds the former amount.
Where the amount of the secondary schools budget for any relevant authority for the financial year in question (defined in paragraph (5)) exceeds the secondary schools total for that authority and year, the funding authority shall—
determine the amount (referred to in sub-paragraph (b) below as “the increased amount”) by which that budget exceeds that total;
determine to two decimal places the percentage which the increased amount is of the secondary schools total for the authority; and
add to the amount of the CFF share for each grant-maintained secondary school situated in the area of the authority the amount obtained by multiplying the amount of that share by that percentage.
For the purposes of paragraph (4) the amount of an authority’s secondary schools budget for the financial year in question is the sum for that financial year of the amounts specified in sub-paragraphs (a) to (d) below less the amount specified in sub-paragraph (e) below—
the aggregate of the amounts which the funding authority determine would be the amounts of maintenance grant in respect of all grant-maintained secondary schools situated in the area of the authority if those amounts were determined in accordance with Part 2 and regulation 11 did not apply in the case of any school;
the aggregate of the budget shares (as initially determined before the beginning of the financial year) of all secondary schools maintained by the authority;
the aggregate of the amounts which equal the relevant percentage of the budget shares referred to in sub-paragraph (b) above;
the aggregate of the amounts which it appears to the funding authority would be the amounts determined under regulation 13(3) in respect of all secondary schools maintained by the authority if those schools had been grant-maintained schools to which that regulation applies; and
where under the relevant authority’s scheme amounts for—
pupils with statements of special educational needs,
in the case of Cumbria County Council only, identified pupils with special educational needs who do not have statements and in respect of whom funding is allocated other than on the basis referred to in paragraph 3(k) of Part X of Schedule 4, and
places in schools, other than special schools, for pupils with special educational needs,
are included in the authority’s aggregated budget for that year, the aggregate of such amounts for all secondary schools in the area of the relevant authority.
Where, in the case of any school whose maintenance grant for the financial year in question falls to be determined under this Part, it appears to the funding authority that regulation 11 would have applied if that grant had fallen to be determined under Part 2, they shall determine the amount which would have been determined in accordance with regulation 11 in respect of the school (referred to in paragraph (7) as “the protected amount”).
In any case to which paragraph (6) applies the funding authority shall add to the amount of the CFF share for the school the amount by which the protected amount exceeds the difference between the amount of that share and the CFF floor.
Where, in the case of any school whose maintenance grant for the financial year in question falls to be determined under this Part, it appears to the funding authority that an amount would have been determined under regulation 13(8) or (9) if that grant had fallen to be determined under Part 2, they shall determine that amount and add it to the amount of the CFF share for the school.
The funding authority shall add to the amount of the CFF share of any school which became a grant-maintained school on 1st April in the financial year in question, an amount which appears to them to be equal or approximate to that amount of the school’s budget share for any financial year prior to the financial year in question in respect of which sums had neither been deducted by the maintaining local education authority in accordance with their scheme nor made available pursuant to section 36(2) of (3) of the 1988 Act, or, if made available, had not been spent by the governing body in exercise of their powers under section 36(5) of that Act.
The funding authority shall deduct from the amount of the CFF share of any school which became a grant-maintained school on 1st April in the financial year in question, an amount determined in accordance with sub-paragraph (b) below.
The funding authority, having consulted the former maintaining local education authority and the governing body of the school, shall determine such amount, if any, as appears to them to be fair and reasonable, in respect of any deficit incurred by the school in respect of its budget share in any previous financial year, having regard, in particular, to the following matters—
the existence and the terms of any agreement in writing between the governing body of the school and the maintaining local education authority regarding the repayment of such deficit,
the existence in the relevant scheme of provision permitting schools to anticipate their budget shares for the following year in order to finance planned items of expenditure, and
evidence that the maintaining local education authority takes steps to reduce schools' budget shares where deficits have occurred and did not allow schools to carry over deficits from one year to the other with no planned reduction.
References in paragraphs (4)(c), (7) to (10) and regulations 33(6) and 35(1) and (3)(b) to the amount of the CFF share for any school include references, where paragraph (3) applies, to the amount of that share as redetermined in accordance with paragraph (3)(b) or to the sum of that amount and the amount added to it in accordance with paragraph (3)(c), as the case may be.