Regulation 16 Adjustments
Without prejudice to paragraph (5) but subject to paragraph (7) and regulation 21 (transfer of site), this paragraph applies where –
after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this Part it appears to the funding authority that, by reason of –
any change in the characteristics of the school,
any change in the level of spending by the local education authority,
any other change affecting the needs of the school, or
the level of spending by the local education authority on any matter included in accordance with regulation 4(a) of the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1995f1 in Part 1 of the authority’s statement prepared under section 122 (4) of the 1996 Act for the financial year beginning in 1996 exceeding the planned level of spending on that matter included in accordance with Schedule 1 to those Regulations in Part 1 of the authority’s statement prepared under section 122(2) of that Act for that year,
the amount so payable should be revised; or
the funding authority are satisfied that their determination of the amount of maintenance grant payable in respect of any school for the financial year in question was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.
In any case to which paragraph (1) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.
Subject to paragraph (4), paragraph (2) shall not enable the funding authority to revise their determination of maintenance grant so as to reduce the amount of grant payable in respect of the school concerned for the financial year in question.
The funding authority may revise their determination of maintenance grant so as to reduce the amount payable where –
that determination was made in ignorance of, or was based on a mistake as to, some material fact; and
such ignorance or mistake was not attributable to an act or omission of the local education authority.
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 (6), and revise their determination accordingly.
Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (5) 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.
Where the funding authority have determined the amount of Direct AMG in respect of a school under regulation 5 (including calculation in accordance with that regulation for the purposes of apportionment under regulation 10) they may not redetermine the amount of Direct AMG in respect of that school under regulation 4 (including calculation in accordance with that regulation for the purposes of apportionment under regulation 10) for the financial year in question.
Annotations
Footnotes
- f1