# The Education (Grant-maintained Schools) (Finance) Regulations 1994, Regulation 26: Adjustments


(1) Without prejudice to paragraph (14) but subject to paragraph (13) and regulation 28(1) and (2), where, after the funding authority have determined the amount of maintenance grant payable in respect of any school for the financial year in question, any of paragraphs (2) to (6) apply, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraphs (7) to (12).
(2) This paragraph applies where the school is situated in the area of Calderdale Metropolitan Borough Council, Gloucestershire County Council or the London Borough of Bromley and it appears to the funding authority that the number of registered pupils at the school on 19th January 1995 exceeds the estimated number of such pupils determined by them for the purposes of the determination of the amount of the school’s CFF share under regulation 25(2) by 20 or by 5% of that estimated number, whichever is the smaller.
(3) This paragraph applies where the school is situated in the area of Essex County Council and it appears to the funding authority that the number of registered pupils at the school on 15th September 1994 exceeds the number of such pupils on 20th January 1994 by 20 or by 5% of the second-mentioned number of pupils, whichever is the smaller.
(4) This paragraph applies where the school is situated in the area of the London Borough of Hillingdon and it appears to the funding authority that the number of registered pupils at the school on 15th September 1994 exceeds the estimated number of such pupils determined by them for the purposes of the determination of the amount of the school’s CFF share under regulation 25(2) by 20 or by 5% of that estimated number, whichever is the smaller.
(5) This paragraph applies where proposals published under section 96 or 97 of the 1993 Act to make a significant change in the character of the school fall to be implemented in the financial year in question.
(6) This paragraph applies where it appears to the funding authority that the relevant authority in whose area the school is situated have increased the amount of their secondary schools budget (within the meaning of regulation 25(7)) for the financial year in question.
(7) In any case to which paragraph (2) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—
(S×T)×7,12 where
S is the amount determined in accordance with paragraph 6, 19 or 25 of Schedule 4, as the case may be (or, where that amount has been recalculated in accordance with regulation 25(3)(i), that amount as so recalculated) multiplied by 1.22 (in the case of Calderdale Metropolitan Borough Council and the London Borough of Bromley) and by 1.28 (in the case of Gloucestershire County Council); and
T is the number by which the number of registered pupils at the school on 19th January 1995 exceeds the aggregate of the estimated number referred to in paragraph (2) and 20 or the number which equals 5% of that estimated number, whichever is the smaller.
(8) In any case to which paragraph (3) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—
(U×V)×7,12 where
U is the amount determined in accordance with paragraph 13 of Schedule 4 (or, where that amount has been recalculated in accordance with regulation 25(3)(i), that amount as so recalculated) multiplied by 1.22; and
V is the number by which the number of registered pupils at the school on 15th September 1994 exceeds the aggregate of the number of such pupils on 20th January 1994 and 20 or the number which equals 5% of the last-mentioned number of pupils, whichever is the smaller.
(9) In any case to which paragraph (4) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—
(W×Y)×7,12 where
W is the amount determined in accordance with paragraph 31 of Schedule 4 (or, where that amount has been recalculated in accordance with regulation 25(3)(i), that amount as so recalculated) multiplied by 1.05; and
Y is the number by which the number of registered pupils at the school on 15th September 1994 exceeds the aggregate of the estimated number referred to in paragraph (4) and 20 or the number which equals 5% of that estimated number, whichever is the smaller.
(10) In any case to which paragraph (5) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—
Z×A,365 where
Z is the amount which equals the difference between the amount of the CFF share for the school as determined in accordance with regulation 25(2) (or, where that amount has been redetermined for the purposes of redetermining the amount of maintenance grant in accordance with regulation 27(1), that amount as so redetermined) and the amount determined in accordance with paragraph (11); and
A is the number of days in the financial year falling on or after the date on which the proposals referred to in paragraph (5) fall to be implemented.
(11) For the purposes of paragraph (10) the funding authority shall—
(a) except where the school is situated in the area of Essex County Council, redetermine the total number of funding units for the school in accordance with Schedule 4, substituting, where the proposals referred to in paragraph (5) fall to be implemented after 19th January 1995, for the estimated number of registered pupils at the school required to be determined in accordance with that Schedule the number which the funding authority estimate will be the number of registered pupils at the school on the date on which the proposals fall to be implemented;
(b) where the school is situated in the area of Essex County Council, redetermine the total number of funding units for the school in accordance with Schedule 4, substituting for the number of registered pupils at the school required to be determined in accordance with paragraph 10 of that Schedule the number of such pupils which the funding authority estimate will be the number of registered pupils at the school on the date on which the proposals fall to be implemented; and
(c) multiply the total number of funding units for the school redetermined in accordance with sub-paragraph (a) or (b) above (as the case may be) by the amount per pupil for the relevant authority in whose area the school is situated determined in relation to that authority in accordance with Schedule 4 (or, where that amount has been recalculated in accordance with regulation 25(3)(i), that amount as so recalculated) for the purposes of the initial determination of maintenance grant for the school for the financial year in question.
(12) In any case to which paragraph (6) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question in accordance with the provisions of this Part and, if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.
(13) Where, after redetermining the amount of maintenance grant payable in respect of a school for the financial year in question under any of paragraphs (7) to (10), the funding authority further so redetermine that amount, they shall reduce that amount (as so redetermined) by such amount (if any) as seems to them to be appropriate, having regard to any redetermination of the amount of maintenance grant payable in respect of the school for the financial year in question previously made by them under any of those paragraphs.
(14) Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (15).
(15) Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (14), they shall redetermine that amount by adding to it such amount as appears to them to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
(16) A determination which has been revised in accordance with this regulation or regulation 27(1) may be further revised in accordance with this regulation or regulation 27(1) and may be so further revised notwithstanding that the funding authority are satisfied that the revised determination was not made in accordance with these Regulations.

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Source: https://www.legislation.gov.uk/uksi/1994/938/regulation/26 (the official version)
Page: https://openlegislation.uk/education-grant-maintained-schools-finance-regulations-1994/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.