{
  "url": "https://openlegislation.uk/education-grant-maintained-schools-finance-regulations-1991/regulation-5",
  "json_url": "https://openlegislation.uk/education-grant-maintained-schools-finance-regulations-1991/regulation-5.json",
  "legislation": "uksi/1991/353",
  "legislation_title": "The Education (Grant-maintained Schools) (Finance) Regulations 1991",
  "legislation_url": "https://openlegislation.uk/education-grant-maintained-schools-finance-regulations-1991",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Determination of amount of maintenance grant",
  "text": "(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 in any case where—\n(a) the determination of maintenance grant is 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\n(b) the school’s incorporation date falls in the financial year in respect of which the determination of maintenance grant is made.\n(2) This regulation is subject to the provisions of regulations 7, 9 and 10.\n(3) The sum of the amounts determined in accordance with paragraphs (4), (6) and (7) shall, subject to any adjustment made in accordance with paragraph (8), 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.\n(4) The Secretary of State shall determine an amount which he is satisfied is equal to the amount of relevant expenditure incurred by the former maintaining authority in respect of the school for the financial year ending last before the incorporation date of the school.\n(5) The reference in paragraph (4) 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 2.\n(6) The Secretary of State shall determine an amount which is equal to 16 percent. of the amount determined in accordance with paragraph (4).\n(7) (a) The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula—\n(M×F)(P)+(S×G)(B) , where,\nM, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 4(7)(b).\n(b) In this paragraph,\n“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;\n“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and\n“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.\n(8) The sum of the amounts determined in accordance with paragraphs (4), (6) and (7) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things—\n(i) any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/353/regulation/5",
    "retrieved_at": "2026-10-29T14:50:47.849186+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."
}