Regulation 7 Determination of an amount in respect of a comparable maintained school’s budget share

(1)

This regulation applies in the case of a school, which was agrant-maintained school at any time in the financial year preceding the financial year in question, where it appears to the Secretary of State that, in relation to the financial year in question, the comparable maintained school’s budget share 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.

(2)

In any case to which this regulation applies, the Secretary of State may decide not to determine an amount in accordance with regulation 5, but instead to determine an amount in accordance with paragraph (3).

(3)

Where the Secretary of State decides to determine an amount in accordance with this paragraph he shall determine an amount in respect of a comparable maintained school’s budget share by reference to the school’s maintenance grant for the financial year preceding the financial year in question, adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things—

(a)

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 immediately preceding financial year, and

(b)

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.