Regulation 25 Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 1998: Former grant-maintained or grant-maintained special schools

A local education authority shall, in the case of a former grant-maintained or grant-maintained special school and in so far as required by paragraphs (2) to (4), redetermine that school’s budget share for the financial year beginning on 1st April 2001 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 financial year beginning before 1st April 2001.

The local education authority shall add or subtract 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.

The Secretary of State may decline to make a determination under paragraph (2) unless—

If the Secretary of State considers it likely that the changes in data referred to in paragraph (1) 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 (2) 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 for the financial year in question.

Where the Secretary of State has confirmed in writing to a local education authority that he does not propose to make a determination under paragraph (2) in respect of a particular school then that local education authority may in the circumstances described in paragraph (6) redetermine that school’s budget share for the financial year beginning on 1st April 2001 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s maintenance grant (as a grant-maintained or grant-maintained special school) was determined for the financial year in question.

The circumstances referred to in paragraph (5) are that—

In so far as a determination under paragraph (5), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s maintenance grant for that financial year determined in accordance with regulation 9 (transitional funding) of the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998^f1 (“the 1998 Regulations”) could have been reduced.

In so far as a determination under paragraph (5), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1998 under regulation 9 (transitional funding) of the 1998 Regulations.

A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.