Regulation 25 Determination of amount of maintenance grant

(1)

The funding authority shall determine for each relevant authority the amount which remains (referred to below in this regulation and in Schedule 4 as the “adjusted secondary schools total”) after deducting from the secondary schools total for the authority for that year such amount approximating to 0.2% of that total as appears to the funding authority to be appropriate for the purpose of making provision within that total for redetermining amounts of maintenance grant in respect of secondary schools situated in the area of the authority and the amounts of the CFF shares of secondary schools maintained by the authority on the grounds referred to in regulation 27(1).

(2)

Subject to paragraph (13), the funding authority shall determine for each grant-maintained secondary school situated in the area of a relevant authority and each secondary school maintained by that authority the amount of the school’s share of the adjusted secondary schools total for that authority and year obtained by dividing that total between those schools in accordance with Schedule 4.

(3)

Where the amount of the CFF share for any such school is less than—

(a)

in the case of a school which was a grant-maintained school throughout the preceding financial year, the amount referred to in paragraph (4);

(b)

in the case of a school which became a grant-maintained school after 1st April in that financial year, the amount referred to in paragraph (4) leaving out of account its apportionment under regulation 16 of the 1993 Regulations; or

(c)

in the case of a school other than one referred to in regulation 4(iii) which was not a grant-maintained school at any time during that financial year, the amount referred to in paragraph (5);

the funding authority shall—

(i)

calculate the amount per pupil (within the meaning of Schedule 4) which would be required, if the amount of the CFF share of each grant-maintained secondary school situated in the area of the relevant authority concerned and each secondary school maintained by them were redetermined in accordance with that Schedule (but substituting for the amount per pupil referred to in that Schedule in relation to the authority the recalculated amount per pupil), to produce within the adjusted secondary schools total for the authority for the financial year in question the amount (referred to below as the “supplementary amount”) required to permit the amount of the CFF share of each school which is less than the amount referred to in sub-paragraph (a), (b) or (c) above (as the case may be) or which would be less than that amount if the amount of the CFF share of each school were redetermined as aforesaid, to equal the amount referred to in sub-paragraph (a), (b) or (c) (as the case may be), by adding a share of the supplementary amount to the amount of the school’s CFF share;

(ii)

redetermine the amount of the CFF share of each grant-maintained secondary school situated in the area of the relevant authority concerned and each secondary school maintained by them in accordance with Schedule 4 but substituting for the amount per pupil referred to in that Schedule the amount calculated in accordance with sub-paragraph (i) above; and

(iii)

add to the amount of the CFF share (as so redetermined) of each school which is less than the amount referred to in sub-paragraph (a), (b) or (c) (as the case may be) the amount by which the latter amount exceeds the former amount.

(4)

(a)

The amount referred to in sub-paragraph (3)(a) above is the amount of the maintenance grant determined (or, subject to sub-paragraph (b) below, if that amount was redetermined in the preceding financial year, the amount as most recently so redetermined) under the 1993 Regulations for the school for that year, adjusted by such amount as appears to the funding authority to be required—

(i)

where regulation 9(1) of the 1993 Regulations applied for the purpose of determining (or redetermining) that grant, to reflect the amount which would have been determined under regulation 8(1) of those Regulations for that purpose if regulation 9(1) of those Regulations had not so applied;

(ii)

where under the relevant authority’s scheme as it applied in that year amounts for pupils with statements of special educational needs or for places in schools other than special schools for pupils who have special educational needs were included in the authority’s aggregated budget, to reflect the amount which would have been determined for the school under regulation 5 of the 1993 Regulations if the scheme had not so provided (and assuming, where it was not the case, that that regulation applied for the purpose of determining maintenance grant in respect of the school for that year);

(iii)

in the case of the schools situated in the area of Essex County Council known as Colchester Royal Grammar School and the Ursuline Convent High School, to reflect the amount which would have been determined for the school under regulation 5 of those Regulations if the school had not provided any boarding accommodation; and

(iv)

by Schedule 5.

(b)

To the extent that the amount of maintenance grant referred to in sub-paragraph (a) above was redetermined as mentioned in that sub-paragraph by reason of any increase or decrease in the number of registered pupils at the school, no account shall be taken of that redetermination for the purposes of that sub-paragraph.

(5)

The amount referred to in paragraph (3)(c) is the aggregate of the following amounts—

(a)

the amount of the school’s budget share for the preceding financial year as initially determined (or, if that share was revised in the preceding financial year, as most recently so revised), adjusted by such amount as appears to the funding authority to be required—

(i)

where under the relevant authority’s scheme as it applied in that year amounts for pupils with statements of special educational needs or for places in schools other than special schools for pupils who have special educational needs were included in the authority’s aggregated budget, to reflect the amount which would have been the amount of the school’s budget share for that year if the scheme has not so provided;

(ii)

in the case of the schools maintained by Essex County Council known as Elmbridge Secondary Boarding School and Hockerill Secondary Boarding School, to reflect the amount which would have been the amount of the school’s budget share for that year if the school had not provided any boarding accommodation; and

(iii)

by Schedule 5;

(b)

the amount which it appears to the funding authority would have been the amount required to be determined for the school and that financial year under regulation 10 of the 1993 Regulations (disregarding any amount which would have been required to be determined under regulation 10(5) of those Regulations in respect of changes in the number of registered pupils at the school), if the school had been a grant-maintained school throughout that year; and

(c)

the amount which it appears to the funding authority would have been the amount required to be determined for the school and that year under regulation 8(1) of those Regulations if the school had been a grant-maintained school and the relevant percentage for the purposes of that regulation (instead of the percentage determined in accordance with Schedule 1 to those Regulations) had been the percentage referred to in relation to the relevant authority in Schedule 6; 1980

apportioned, where proposals under section 12 of the Education Act 1980^f1 to cease to maintain the school fall to be implemented on a date in the financial year beginning in 1994, in accordance with the formula—

R \times \frac{Q}{365}

where—

R is the aggregate amount determined in accordance with sub-paragraphs (a) to (c) above; and
Q is the number of days in that year which precede the date on which the authority are to cease to maintain the school.

(6)

Where the amount of the secondary schools budget for any relevant authority for the financial year in question exceeds the secondary schools total for that authority and year, the funding authority shall—

(a)

determine the amount (referred to in sub-paragraph (b) below as “the increased amount”) by which that budget exceeds that total;

(b)

determine to two decimal places the percentage which the increased amount is of the secondary schools total for the authority; and

(c)

add to the amount of the CFF share for each grant-maintained secondary school situated in the area of the authority the amount obtained by multiplying the amount of that share (or, in the case of a school referred to in paragraph (11), the sum of that amount and any amount added to it in accordance with that paragraph) by that percentage.

(7)

For the purposes of paragraph (6) the amount of an authority’s secondary schools budget for the financial year in question is the sum of the following amounts for that financial year—

(a)

the aggregate of the amounts which the funding authority determine would be the amounts of maintenance grant in respect of all grant-maintained secondary schools situated in the area of the authority if those amounts were determined in accordance with Part 2 and regulation 10 did not apply in the case of any school;

(b)

the aggregate of the budget shares (as initially determined before the beginning of the financial year) of all secondary schools maintained by the authority;

(c)

the aggregate of the amounts which equal the relevant percentage of the budget shares referred to in sub-paragraph (b) above; and

(d)

the aggregate of the amounts which it appears to the funding authority would be the amounts determined under regulation 12(3) in respect of all secondary schools maintained by the authority if those schools had been grant-maintained schools to which that regulation applied,

save that, where under the relevant authority’s scheme amounts for pupils with statements of special educational needs or for places in schools other than special schools for pupils with special educational needs are included in the authority’s aggregated budget for that year, the amounts referred to above shall be determined as if the scheme had not so provided.

(8)

Where, in the case of any school whose maintenance grant for the financial year in question falls to be determined under this Part, it appears to the funding authority that regulation 10 would have applied if that grant had fallen to be determined under Part 2, they shall determine the amount which would have been determined in accordance with regulation 10(2) in respect of the school (referred to in paragraph (9) as “the protected amount”).

(9)

In any case to which paragraph (8) applies the funding authority shall add to the amount of the CFF share for the school the amount by which the protected amount exceeds the difference between the amount of that share and the amount referred to in paragraph (3)(a).

(10)

Where, in the case of any school whose maintenance grant for the financial year in question falls to be determined under this Part, it appears to the funding authority that an amount would have been determined under regulation 12(7) if that grant had fallen to be determined under Part 2, they shall determine that amount and add it to the amount of the CFF share for the school.

(11)

The funding authority shall add to the amount of the CFF share for each of the following schools (being schools situated in the area of, or maintained by, Essex County Council) the amount indicated in respect of the school—

Colchester Royal Grammar School	£107,517
Elmbridge Secondary Boarding School	£43,260
Hockerill Secondary Boarding School	£1,307,383.

(12)

References in paragraphs (6)(c), (9) to (11) and (13) and regulations 26(10) and 27(1) and (3)(b) to the amount of the CFF share for any school include references, where paragraph (3) applies, to the amount of that share as redetermined in accordance with paragraph (3)(ii) or to the sum of that amount and the amount added to it in accordance with paragraph (3)(iii), as the case may be.

(13)

The funding authority shall determine as the amount of the CFF share for the secondary school to be established by Calderdale Metropolitan Borough Council on 1st January 1995 in accordance with the proposals for the establishment of that school approved by the Secretary of State under section 12 of the Education Act 1980 on 16th February 1994 the amount appearing to them to be equal to the sum of the amounts of the CFF shares for the schools maintained by them known as Ovenden School and Holmfield High School, determined in each case in accordance with paragraph (2) (but disregarding the apportionment required by paragraph 4 of Schedule 4 to be made), multiplied by 90/365.

Annotations

Footnotes

f1: 1980 c. 20. Section 12 is amended by section 31(4) of the Education Reform Act 1988 and sections 229 and 307(3) of, and Schedule 21 to, the Education Act 1993.