Regulation 10 Determination of an amount in respect of school meals, contingencies and the provision of nursery education

(1)

Subject to paragraph (2), the Secretary of State shall determine the amount which is the sum of the amounts determined in accordance with paragraphs (3) to (6).

(2)

In any case where the Secretary of State determines an amount under regulation 6, paragraph (1) shall have effect as if it required him to determine an amount equal to the amount referred to in paragraph (3).

(3)

The Secretary of State shall determine an amount in respect of the provision of school meals calculated by the application of the following formula—

\frac{(M \times F)}{(P)} + \frac{(S \times G),}{(B)}

where

M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the former maintaining authority’s planned expenditure for the financial year in question in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the preceding financial year determined by the Secretary of State;
G is the total of the authority’s planned expenditure for the financial year in question on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the preceding financial year determined by the Secretary of State.

(4)

In paragraph (3),

“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure”means the initial amount appropriated by the authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; 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 42 of the Act, according as to whether the school is a primary school or a secondary school.

(5)

The Secretary of State shall determine the amount which it appears to him, had the school continued to be maintained by the authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in respect of contingencies.

(6)

Where the governing body of the school provides education for junior pupils who have not attained the age of five years, the Secretary of State shall determine an amount in respect of such provision which he is satisfied is fair and reasonable having regard in particular to the extent to which, in his opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 5 or 7.