Regulation 43 Link to budgets

(1)

Except in relation to Rutland County Council (District Council), where the amount of the primary or secondary schools budget for any relevant authority for the financial year in question (defined in paragraph (2)) exceeds the primary or secondary schools total, as the case may be, for that authority and year, the funding authority shall—

(a)

determine the amount (referred to in sub-paragraph (b) below as “the increased amount”) by which that budget exceeds that total;

(b)

determine to two decimal places the percentage which the increased amount is of the primary or secondary schools total, as the case may be, for the authority;

(c)

add to the amount of the CFF share for each grant-maintained primary or secondary school, as the case may be, situated in the area of the authority the amount obtained by multiplying the amount of that share by that percentage; and

(d)

add to the amount of the error contingency determined under regulation 42(2) the amount obtained by multiplying that amount by that percentage.

(2)

For the purposes of paragraph (1) the amount of an authority’s primary or 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 (f) below less the amount specified in sub-paragraph (g) below—

(a)

the aggregate of the amounts which the funding authority determine would be the amounts of maintenance grant in respect of all grant-maintained primary or secondary schools, as the case may be, except those referred to in regulation 39(4) (grant-maintained schools established in place of existing independent schools), situated in the area of the authority if those amounts were determined in accordance with Part 2 and regulations 10 (cash protection) and 33 (capital expenditure from the revenue account) did not apply in the case of any schools and any increase in the number of registered pupils resulting from a significant change in the character of the school falling to be implemented wholly or partly in the financial year in question was ignored;

(b)

the aggregate of the budget shares of all primary or all secondary schools, as the case may be, maintained by the authority;

(c)

the aggregate of the amounts which equal the relevant percentage of the budget shares referred to in sub-paragraph (b) above;

(d)

the aggregate of the amounts which it appears to the funding authority would be the amounts determined under regulation 11 (school meals) in respect of all primary or secondary schools, as the case may be, maintained by the authority if those schools had been grant-maintained schools to which that regulation applies;

(e)

the aggregate of the CFF shares of all new grant-maintained primary schools or secondary schools, as the case may be, in the area of the authority;

(f)

the aggregate of the CFF shares of all new primary or secondary schools, as the case may be, maintained by the authority; and

(g)

where under the relevant authority’s scheme amounts for—

(i)

pupils with statements of special educational needs,

(ii)

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 5(7) of Schedule 5, and

(iii)

places in schools, other than special schools, for pupils with special educational needs,

are included in the authority’s aggregated budget for that financial year, the aggregate of such amounts for all primary or all secondary schools, as the case may be, in the area of the relevant authority.