Regulation 7 Additional provisions for determining Direct AMG
Where—
at any time before the beginning of the financial year in question the allocation formula included a particular factor; and
the scheme has been revised, varied or replaced under section 111 or 114 of the 1996 Act at any time before the relevant date in relation to the school as initially determined in accordance with regulation 18(2), and for the financial year in question—
no such provision is included in the allocation formula, or
the proportion of a comparable maintained school’s budget share derived from the application of that provision would be less than it would have been had the scheme not been so revised, varied or replaced,
the allocation formula shall be deemed, for the purposes of determining the amount under regulation 5 or 6, as the case may be, to include such provision for taking into account any such factor (but subject always to regulation 6(7)) as it had effect immediately before the scheme was so revised, varied or replaced:
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Provided that the funding authority shall add to, or subtract from, any sum derived from the application of the said provision such amount as appears to them to be fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the local education authority in respect of schools maintained by them occurring during or since the financial year which preceded the financial year in which such revision, variation or replacement occurred.
Subject to paragraphs (3), (4) and (5), references in this Part to a maintained school are references to a school maintained by the local education authority in question, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in regulation 5 or 6, as the case may be, are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school—
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
any other factors affecting the needs of which (including, in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
Where the allocation formula includes provision for taking into account the amount of any non-domestic rate payable in respect of a school, the funding authority shall, in applying the allocation formula for the purpose of determining the amount under regulation 5 or 6, as the case may be, apply the provision as if the amount of the non-domestic rate payable was, in the case of Brinkley Grove Primary School, Essex and Blenheim High School, Surrey, that payable in respect of a comparable maintained county school.
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the local education authority’s scheme whether or not there is in fact such a school.
In this regulation “factor” means, in relation to the allocation formula, any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula.
References in these Regulations to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.