Regulation 43 CFF floor.

(1)

In the case of a school situated in an existing CFF area its CFF floor shall, subject to the following provisions of this regulation, be the amount determined by the Secretary of State on or before 1st April 1996, for the purposes of section 81(2) of the 1993 Act, as the school’s CFF floor for the financial year in question and if no amount is so determined it shall be the amount determined as the school’s CFF floor under regulation 31 of the 1995 Regulations.

(2)

In the case of a school situated in a new CFF area its CFF floor shall be the amount determined by the funding authority in accordance with the following provisions of this regulation.

(3)

In the case of a school situated in a new CFF area, which was a grant-maintained school throughout the preceding financial year, the funding authority shall determine the amount of the maintenance grant determined (or, subject to paragraph (4), if that amount was redetermined in the preceding financial year, the amount as most recently so redetermined) under the 1995 Regulations for the school for that year—

(i)

increased by such amount as appears to the funding authority to be required, where regulation 11(2) or (4) of the 1995 Regulations (cash protection) applied for the purpose of determining (or redetermining) that grant, to reflect the amount which would have been determined under regulation 10(1) of those Regulations (determination of an amount as a percentage addition) for that purpose if regulation 11(2) or (4) of those Regulations had not so applied, and

(ii)

reduced by an amount equivalent to any amounts for pupils with statements of special educational needs or for places in schools, other than special schools, for pupils who have special educational needs included in the relevant authority’s aggregated budget under their scheme as it applied in that year.

(4)

To the extent that the amount of maintenance grant referred to in paragraph (3) was redetermined as mentioned in that paragraph by reason of any increase or decrease in the number of registered pupils at the school, no account shall be taken of that redetermination for the purposes of that paragraph.

(5)

In the case of a school situated in a new CFF area, which was not a grant-maintained school at any time during the preceding financial year, the amount is the aggregate of the following amounts—

(a)

the amount of the school’s budget share for the preceding financial year as initially determined (or, subject to paragraph (6), if that share was revised in the preceding financial year, as most recently so revised)—

(i)

increased by the amount which it appears to the funding authority would have been the amount required to be determined for the school and that year under regulation 10(1) of the 1995 Regulations (determination of an amount as a percentage addition) if the school had been a grant-maintained school and the relevant percentage for the purposes of that regulation (instead of the percentage determined in accordance with Schedule 1 to those Regulations) had been the percentage determined in accordance with Schedule 1 to these Regulations,

(ii)

(b)

the amount which it appears to the funding authority would have been the amount required to be determined for the school and that financial year under regulation 13 of the 1995 Regulations (determination of an amount in respect of school meals, contingencies, nursery education and expenditure due to ethnic minority population) (disregarding any amount which would have been required to be determined under regulation 13(6) (contingencies) of those Regulations in respect of changes in the number of registered pupils at the school), if the school had been a grant-maintained school throughout that year,

apportioned, where proposals under section 12 of the Education Act 1980^f1 to cease to maintain the school fall to be implemented on a date in the financial year in question, in accordance with the formula

R \times \frac{Q}{365}

where—

R is the aggregate amount determined in accordance with sub-paragraphs (a) and (b) above; and
Q is the number of days in that year which precede the date on which the authority are to cease to maintain the school.

(6)

To the extent that the amount of the school’s budget share referred to above in paragraph (5)(a) was revised as therein mentioned by reason of any increase or decrease in the number of registered pupils at the school, no account shall be taken of that revision for the purposes of that sub-paragraph.

(7)

In the case of a school, situated in a new CFF area, which became a grant-maintained school after 1st April in the preceding financial year, the aggregate of the amount referred to in paragraph (3), leaving out of account its apportionment under regulation 21 of the 1995 Regulations, and of the amount referred to in paragraph (5), adjusted in each case pro-rata according to the date in that financial year on which the school became a grant-maintained school.

(8)

(a)

Where it appears to the funding authority that in the preceding financial year the maintenance grant or budget share of a school, situated in a new CFF area, was determined on the basis of an incorrect estimate of the numbers of registered pupils at the school for any part of that year and the relevant authority’s scheme makes provision for adjustments to be made in relation to incorrect estimates of pupil numbers, then the funding authority shall add to the amount determined in accordance with the foregoing provisions of this regulation in respect of that school an amount calculated in accordance with sub-paragraph (b) below.

(b)

The amount is an amount arrived at by—

(i)

taking the number which appears to the funding authority to be the number of registered pupils at the school in each age band on the date to which the estimate relates less the estimated number of pupils in each age band on that date multiplied by 7/12;

(ii)

multiplying the amount for each age band under (i) above by the amount set out in, whichever is appropriate of, column (1), (2), (3) or (4) for that age band and in respect of that relevant authority in the table in Schedule 5; and

(iii)

multiplying the sum of the amounts derived from (ii) above by the unit cost for age band 3 as shown in column (5) in the table in Schedule 5.

(9)

The funding authority shall add to the amount determined in respect of each school under the preceding provisions of this regulation an amount calculated by—

(a)

multiplying the number of registered pupils in each age band on 18th January 1996, less the number of registered pupils which it appears to the funding authority were in each age band on 19th January 1995, by the amount set out in, whichever is appropriate of, column (1), (2), (3) or (4) in the table in Schedule 5 for that age band in respect of that relevant authority; and

(b)

multiplying the aggregate of the amounts derived from sub-paragraph (a) above by the unit cost for age band 3 as shown in column (5) in the table in Schedule 5.

(10)

The funding authority shall multiply the amount determined in respect of each school in accordance with the preceding provisions of this regulation by a figure which is the aggregate of the amounts determined in respect of all schools to which this regulation applies in the area of the relevant authority in accordance with paragraphs (1) to (7) divided by the sum of the amounts so determined in accordance with paragraphs (1) to (9).

(11)

If the aggregate of the amounts determined in respect of each school in the area of a relevant authority by the funding authority in accordance with paragraph (10) is greater than—

(a)

the secondary schools total for that authority; or

(b)

in the case of the London Borough of Brent, the secondary schools total less the total contingency amount referred to in paragraph 16D(2) of Schedule 4 (“the adjusted secondary schools total”),

then the funding authority shall multiply the amount so determined in respect of each school by a figure which is the secondary schools total for that authority, or, in the case of the London Borough of Brent, the adjusted secondary schools total, divided by the aggregate of the amounts determined in respect of each school in the area of that authority in accordance with paragraph (10).

(12)

In the case of a school situated in a new CFF area, the funding authority shall adjust the amount determined in accordance with the foregoing provisions of this regulation by such amount, if any, as appears to them to be fair and reasonable, having consulted the relevant authority, to take into account any transfer of an amount of funding in respect of a pupil pursuant to section 262 of the 1993 Act.

Annotations

Footnotes

f1: 1980 c. 20; section 12 was amended by section 31(4) of the Education Reform Act 1988 and section 229 of the Education Act 1993.