Regulation 21 Additional provisions for redeterminations in relation to non-pupil number factors in financial years beginning on or before 1st April 1998
A local education authority may redetermine a school’s budget share within the meaning of the 1996 Act for any financial year beginning on or before 1st April 1998 to take into account changes in data, other than pupil numbers, by reference to which the school’s budget share for that year if any was determined if—
such changes have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a former grant-maintained or grant-maintained special school); and
such redetermination as is proposed could have been made in that preceding financial year under the terms of the authority’s scheme within the meaning of the 1996 Act in force in that year.
A local education authority shall, in the case of a former grant-maintained or grant-maintained special school, redetermine that school’s budget share for the financial year beginning on 1st April 2000 to take into account changes in data, other than pupil numbers, by reference to which the school’s maintenance grant for any financial year beginning on or before 1st April 1998 was determined if such changes have not already been taken into account in any determination or redetermination of that school’s maintenance grant or budget share for a preceding financial year.
Subject to paragraph (4), a local education authority shall redetermine a school’s budget share in accordance with paragraph (2) by adding or subtracting such amount, if any, determined by the Secretary of State, in accordance with the provisions of the regulations made under section 244(2) of the 1996 Act in force in the preceding financial year in question and as if any reference to the Funding Agency for Schools was a reference to the Secretary of State.
If the Secretary of State considers it likely that the changes in data referred to in paragraph (2) and any consequent change in the school’s maintenance grant for that year would have meant that the governing body would have received a larger payment of special purpose grant pursuant to section 245 of the 1996 Act in respect of the costs incurred by the school in respect of Value Added Tax in that year he may add to the amount determined under paragraph (3) an amount which he considers would be equivalent to that increase. Conversely if he considers that the governing body would have been entitled to a smaller such payment he may subtract an amount which he considers would be equivalent to that reduction.
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.