{
  "url": "https://openlegislation.uk/education-grant-maintained-and-grant-maintained-special-schools-finance-regulations-1998/schedule-2/paragraph-2",
  "json_url": "https://openlegislation.uk/education-grant-maintained-and-grant-maintained-special-schools-finance-regulations-1998/schedule-2/paragraph-2.json",
  "legislation": "uksi/1998/799",
  "legislation_title": "The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/education-grant-maintained-and-grant-maintained-special-schools-finance-regulations-1998",
  "path": "schedule/2/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) Subject to paragraph 5, the funding authority shall calculate the protected level of funding for the preceding financial year for each school according to the formula (a÷b)×c.\n(2) For the purposes of the formula in sub-paragraph (1) and subject to sub-paragraph (4), “a”, in the case of a school whose maintenance grant was determined in the preceding financial year in accordance with Part 2 of the 1997 Regulations, other than in accordance with regulation 15, is the aggregate of the following amounts, in each case as last determined or redetermined in respect of the school before 16th December 1997 or, in the case of any special purpose grant, as paid in respect of the school before that date—\n(a) the amount (Direct AMG) determined in accordance with regulation 6, 7, or 19;\n(b) in the case of a school whose Direct AMG was determined in accordance with regulation 12, the amount which appears to the funding authority to be equal or approximate to the amount of the school’s budget share for that financial year;\n(c) the amount (Central AMG) determined in accordance with regulation 8 (or that regulation as it has effect by virtue of regulation 10 (cash protection));\n(d) the amount determined in accordance with regulation 11 (or that regulation as it has effect in accordance with regulation 20(1)) or regulation 20(2) (school meals);\n(e) the amount determined in accordance with regulation 22 (contingencies) in respect of contingencies arising other than from increases in pupil numbers at the school during the course of that financial year;\n(f) the amount determined in accordance with regulation 23 (nursery education);\n(g) the amount added or deducted under regulation 32 (schools situated in the area of the authority which is not the area of the former maintaining authority);\n(h) the amount added under regulation 33 (capital expenditure from the revenue account);\n(i) the amount paid under paragraph 2(f) of Schedule 9 (expenditure for or in connection with the provision at the school of nursery education as defined in section 1 of the Nursery Education and Grant-Maintained Schools Act 1996).\n(3) For the purposes of the formula in sub-paragraph (1) and subject to sub-paragraph (4) “a”in the case of a school whose maintenance grant was determined in the preceding financial year under regulation 15, is the aggregate of the following amounts, in each case as last determined or redetermined in respect of the school before 16th December 1997, or in the case of any special purpose grant, as paid in respect of the school before that date—\n(a) the amount determined under regulation 15;\n(b) the amount added under regulation 33 (capital expenditure from the revenue account);\n(c) the amount paid under paragraph 2(f) of Schedule 9 (expenditure for or in connection with the provision at the school of nursery education as defined in section 1 of the Nursery Education and Grant-Maintained Schools Act 1996).\n(4) For the purpose of determining the amounts referred to in sub-paragraphs (2) and (3) no account shall be taken of—\n(a) funding for pupils with statements of special educational needs of a kind which the local education authority could have determined, by the application of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as part of such a school’s budget share for all or part of the preceding financial year, in so far as such funding or a corresponding percentage of such funding could not also have been so determined for the equivalent period in the financial year in question;\n(b) regulations 9 and 17(b) (Section 11 funding);\n(c) regulation 13 (apportionment of Central AMG);\n(d) regulation 14 (apportionment of school meals funding);\n(e) regulations 18 and 21 (apportionment of maintenance grant);\n(f) regulation 22 (contingencies) in respect of contingencies arising from increases in pupil numbers at the school during the course of the financial year;\n(g) regulations 17(a), 24, 25 and 26 (additions or deductions representing unspent sums from previous budget shares, budget deficits from previous years and deductions from current year’s budget share);\n(h) regulations 27 and 28 (deductions representing excessive surpluses in previous years and excessive severance payments);\n(i) regulation 31 (schools with wide age ranges).\n(5) In the case of a school to which regulation 5(2) of the 1997 Regulations applied (precise calculation of maintenance grant impracticable etc.) the funding authority shall determine as the amount of “a” such amount as appears to them to be fair and reasonable having regard to the amount of maintenance grant which they determined in respect of the school in accordance with the 1997 Regulations and the provisions of sub-paragraphs (2) and (4) above.\n(6) For the purposes of the formula in sub-paragraph (1) and subject to sub-paragraph (7), “a”, in the case of a school whose maintenance grant was determined in the preceding financial year in accordance with Part 3 of the 1997 Regulations, is the aggregate of the following amounts, in each case as last determined or redetermined in respect of the school before 16th December 1997 or, in the case of any special purpose grant, as paid in respect of the school before that date—\n(a) the amount of the school’s CFF share;\n(b) the amount added to the CFF share in accordance with regulation 43(1)(c) (link to budgets);\n(c) the amount added to the CFF share in accordance with regulation 44(1) and (2) (protected amount);\n(d) the amount added to the CFF share in accordance with regulation 44(4) (special educational needs) but only if such funding or the corresponding percentage of such funding is also included in the authority’s scheme for the financial year in question;\n(e) the amount added to maintenance grant in accordance with regulation 52 (deemed primary schools and deemed secondary schools);\n(f) the amount added to maintenance grant in accordance with regulation 53 (error contingency amount for primary schools);\n(g) the amount added to maintenance grant in accordance with regulation 57 (pupil number contingencies in the London Borough of Brent);\n(h) the amount paid under paragraph 2(f) of Schedule 9 (expenditure for or in connection with the provision at the school of nursery education as defined in section 1 of the Nursery Education and Grant-Maintained Schools Act 1996).\n(7) For the purpose of determining the amounts referred to in sub-paragraph (6) no account shall be taken of—\n(a) revisions under regulation 50(9)(a) where regulation 50(2) (increases in pupil numbers) applies;\n(b) regulations 45, 46 and 47 (deficits in previous financial years and deductions representing excessive surpluses in previous years and excessive severance payments).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/799/schedule/2/paragraph/2",
    "retrieved_at": "2026-10-29T11:34:05.545803+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}