# The Education (Grant-maintained Schools) (Finance) Regulations 1992, Regulation 13: Determination of amount of maintenance grant otherwise than under regulation 4


(1) Notwithstanding the provisions of regulation 4, but subject to the following provisions of this regulation, the Secretary of State may determine the amount of maintenance grant payable to the governing body of a school for the financial year in question in accordance with the provisions of regulation 15(2) to (7), or, as the case may be, regulation 16(2) to (6) save that—
(a) in the definition of “relevant schools” in regulation 15(6)(b) (including that definition as it is applied for the purposes of regulation 16(6)), for the reference to “section 50” there shall be substituted a reference to “section 42”;
(b) in regulation 16(5) there shall be substituted—
(i) in sub-paragraph (a)(ii), for the words “regulation 5 or 6” the words “regulation 4, 5 or 6”; and
(ii) in sub-paragraphs (a)(iii) and (c), for the words “regulation 5(6) or 6(6)” the words “regulation 4(5), 5(6) or 6(6)”; and
(c) in any case where, were the amount of maintenance grant in respect of the school to be determined under regulation 4, the Secretary of State would be required to determine an amount pursuant to regulation 12, there shall be added to the amount of maintenance grant determined in respect of the school the amount which would have been determined for the school in accordance with that regulation.
(2) Subject to paragraph (3), the Secretary of State shall consult the former maintaining authority and (as the case may be) the governing body or the prospective governing body of the school before determining pursuant to paragraph (1) the amount of maintenance grant payable in respect of the school for the financial year in question.
(3) Paragraph (2) shall not apply in any case where—
(a) the school’s incorporation date is 1st April in the financial year in question; and
(b) it appears to the Secretary of State that, in relation to that financial year, a comparable maintained school’s budget share, determined by the application of the allocation formula in the former maintaining authority’s scheme, would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year.

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Source: https://www.legislation.gov.uk/uksi/1992/555/regulation/13 (the official version)
Page: https://openlegislation.uk/education-grant-maintained-schools-finance-regulations-1992/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.