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Regulation 5 Determination of amount of maintenance grant

Original text. Later amendments are not shown.

(1)

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 other than one 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 6, 7 and 8.

(2)

The Secretary of State shall determine an amount which he is satisfied represents, in relation to the financial year ending last before the incorporation date, the amount of relevant expenditure incurred by the former maintaining authority in respect of the school.

(3)

The reference in paragraph (2) to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 1, but does not include any expenditure on the heads or items specified in Schedule 3.

(4)
(a)

There shall be added to the amount so determined an amount in respect of the authority’s planned expenditure on centrally provided services obtained by applying the formula in sub-paragraph (b) below.

(b)

The formula referred to in sub-paragraph (a) above is:

(N×E)(T)+(M×F)(P)+(S×G)(B),

where

  • N is the number of registered pupils at the school;

  • E is the total of the authority’s planned expenditure on centrally provided services for the year at relevant schools, other than planned expendi ture on school meals;

  • T is the number of registered pupils at relevant schools; and

  • M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 4(5)(b).

(c)

In this paragraph,

  • “expenditure on centrally provided services” means expenditure on the heads or items specified in Schedule 2 but excludes any expenditure on the heads or items specified in Schedule 3;

  • “number of registered pupils” means the number of pupils on a school’s register on a date to be determined by the Secretary of State;

  • “planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and

  • “relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school.

(5)

The amount determined in accordance with paragraphs (2) and (4) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things–

(i)

any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the primary or secondary schools, as the case may be, maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and

(ii)

any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.

(6)

The sum of the amounts determined in accordance with paragraphs (2) and (4) shall, subject to any adjustment made in accordance with paragraph (5), be the amount of maintenance grant payable to the governing body of the school for the financial year in respect of which the determination under this regulation is made.

(7)

Where there is not available to the Secretary of State (on a date determined by him and notified by him to the former maintaining authority) sufficient information as will, in his opinion, allow him accurately to determine the amounts referred to in paragraphs (2) or (4), or both, he may determine such amount or amounts as appears or appear to him to be fair and reasonable having regard to any information which is available to him, and his determination shall have effect as if determined under paragraph (2) or (4), as the case may be.