Regulation 50 Adjustments

(1)

Without prejudice to paragraph (13) but subject to paragraphs (10) to (12) and regulation 54, where, after the funding authority have determined the amount of maintenance grant payable in respect of any school for the financial year in question, any of paragraphs (2) to (6) apply, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraphs (7) to (9).

(2)

This paragraph applies where it appears to the funding authority that the number of registered pupils at a school exceeds the number of pupils used for the purposes of determining the amount of its maintenance grant for the financial year in question, and that the relevant authority’s scheme makes provision in relation to such increases in pupil numbers at a school.

(3)

This paragraph applies where proposals published under section 259 or 260 of the 1996 Act to make a significant change in the character of the school fall to be implemented wholly or partly in the financial year in question.

(4)

This paragraph applies where it appears to the funding authority that the amount of the relevant authority’s primary or secondary schools budget, as the case may be, for the financial year in question has changed from that initially determined under regulation 43(2).

(5)

This paragraph applies where after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this Part it appears to the funding authority that, by reason of—

(a)

any change in the characteristics of the school,

(b)

any change in the level of spending by the local education authority which affects any of the matters referred to in regulation 44,

(c)

any other change affecting the needs of the school, or

(d)

the level of spending by the local education authority on any matter included in accordance with regulation 4(a) of the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1995^f1 in Part 1 of the authority’s statement prepared under section 122(4) of the 1996 Act for the financial year beginning in 1996 exceeding the planned level of spending on that matter included in accordance with Schedule 1 to those Regulations in Part 1 of the authority’s statement prepared under section 122(2) of that Act for that year,

the amount so payable should be revised.

(6)

Subject to regulation 53 (use of contingency amount to correct mistakes in the CFF share for a primary school), this paragraph applies where the funding authority are satisfied that their determination of the amount of maintenance grant payable in respect of any school for the financial year in question was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.

(7)

In any case to which paragraph (3) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—

Z \times \frac{A}{365}

, where

Z is the amount which equals (b)-(a) where (a) is the amount of the CFF share for the school (or, where that amount has been redetermined for the purposes of redetermining the amount of maintenance grant in accordance with paragraph 6, that amount as so redetermined) less the amount if any, added under regulation 42(4)(c); and (b) is the amount determined in accordance with paragraph (8); and
A is the number of days in the financial year falling on or after the date on which the proposals referred to in paragraph (3) fall to be implemented.

(8)

For the purposes of paragraph (7) the funding authority shall—

(a)

redetermine the total number of funding units for the school in accordance with Schedule 5—

(i)

substituting, in cases where pupils numbers are determined in accordance with paragraph 3B, D E or F of Part III of Schedule 5 (relevant authorities which do not use estimates of pupil numbers), for the number of registered pupils at the school in the particular age band or bands affected by the change in character the number which the funding authority estimate will be the number of registered pupils at the school in that age band or bands on the date on which the proposals fall to be implemented; or

(ii)

substituting, in cases where pupils numbers are determined in accordance with paragraph 3A, C or G of Part III of Schedule 5 (relevant authorities which use estimates of pupil numbers), for the number which they estimated would be the number of registered pupils at the school in the particular age band or bands affected by the change in character on the date for estimates in the pupil count, the number which they estimate will be the number of such pupils on the date on which the proposals fall to be implemented; and

(b)

multiply the total number of funding units for the school redetermined in accordance with sub-paragraph (a) above by the amount per pupil for the relevant authority in whose area the school is situated determined in relation to that authority in accordance with paragraph 16A to F of Schedule 5 (or, where that amount has been recalculated in accordance with regulation 42(4)(c), that amount as so recalculated) for the purposes of the initial determination of maintenance grant for the school for the financial year in question.

(9)

The funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question—

(a)

in any case to which paragraph (2) applies, by adding such amount as appears to them would have been payable to the school under the relevant authority’s scheme, had the school been covered by the scheme, in relation to such increases;

(b)

in any case to which paragraph (4), (5) or (6) applies, in accordance with the provisions of this Part, and

if the amount so redetermined is different from the amount previously determined, revise their determination in respect of that school and, if appropriate, in respect of any or all grant maintained primary or secondary schools in the area of the relevant authority in question and primary and secondary schools maintained by that authority, as the case may be, accordingly.

(10)

Where, after redetermining the amount of maintenance grant payable in respect of a school for the financial year in question under any of paragraphs (7) to (9), the funding authority further so redetermine that amount, they shall reduce that amount (as so redetermined) by such amount (if any) as seems to them to be appropriate, having regard to any redetermination of the amount of maintenance grant payable in respect of the school for the financial year in question previously made by them under any of those paragraphs.

(11)

Subject to paragraph (12), the funding authority may not, in accordance with this regulation and regulation 43 (link to budgets) or in accordance with this regulation and regulation 44 (sums to be added to the CFF share), revise their determination of maintenance grant so as to reduce the amount of grant payable in respect of the school concerned for the financial year in question.

(12)

The funding authority may revise their determination of maintenance grant in accordance with this regulation and regulation 43 or 44 so as to reduce the amount payable where—

(a)

that determination was made in ignorance of, or was based on a mistake as to, some material fact; and

(b)

such ignorance or mistake was not attributable to an act or omission of the local education authority.

(13)

Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (14).

(14)

Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (13), they shall redetermine that amount by adding to it such amount as appears to them to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.

(15)

Where the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this regulation they shall give notice thereof to the governing body of the school and to the local education authority.

Annotations

Footnotes

f1: S.I. 1995/208.