Regulation 4 Determination of amount of maintenance grant
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to regulations 5 and 6 below.
The Secretary of State shall determine in relation to the financial year in question an amount which he is satisfied (on the information available to him on a date determined by him and notified by him to the former maintaining authority) that the former maintaining authority could have determined, by the application of their allocation formula in relation to a comparable maintained school covered by their scheme, as such a school’s budget share.
There shall be added to the amount so determined an amount which, in relation to that year, the Secretary of State is satisfied (on the information available to him on a date determined by him) represents the school’s share of the amount set out in sub-paragraph (b) below determined by the application of the per capita formula, that is to say the proportion which the number of registered pupils at a comparable maintained primary or secondary school as the case may be bears to the number of registered pupils at all primary or secondary maintained schools required to be covered by the authority’s scheme as the case may be.
The amount referred to in sub-paragraph (a) is that amount remaining after deducting from the authority’s general schools budget for the year —
their aggregated budget for that year; and
the authority’s expenditure on those heads or items specified in Schedule 3 (except to the extent that such expenditure falls within their aggregated budget).
The sum of the amounts determined in accordance with paragraphs (2) and (3) above shall be the amount of maintenance grant payable in respect of the school for the financial year in respect of which the determination under this regulation is made.
Subject to paragraph (6) below, references in this regulation to a maintained school are references to a school maintained by the former maintaining authority concerned, and references to a comparable maintained school are references to such a school, any characteristics of which relevant for the purposes of any formula of a kind referred to in paragraph (2) are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school —
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
any other factors affecting the needs of which (including in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
For the purposes of this regulation, it is to be assumed that a comparable maintained school is covered by the former maintaining authority’s scheme whether or not such a school is in fact covered by their scheme.
References in this regulation to any formula (other than references to the per capita formula) include references to any methods, principles and rules of any description however expressed.