# The Self-Governing Schools Grant and Recovery (Scotland) Regulations 1994, Regulation 8: Determination of an amount attributable to provision for the special educational needs of recorded pupils for a grant year


(1) The Secretary of State shall determine, in accordance with this regulation, for each grant year, an amount which is attributable to expenditure for the purpose of making provision in that year for the special educational needs of recorded pupils in attendance at the school.
(2) Paragraphs (3) to (5) are subject to the provisions of section 27(8) and (9) of the Act (variation of agreement or of amount of recurrent grant payable).
(3) Where, for a grant year, the Secretary of State has accepted all aspects of an agreement between the education authority and the board of management of the school intimated to him under section 27(2) of the Act, the amount determined by him in accordance with paragraph (1) for that year shall be the amount specified in that agreement as the estimated cost of provision to be made in the grant year for the special educational needs of recorded pupils in attendance at the school.
(4) Where, for a grant year, intimation to the Secretary of State under section 27(2) of the Act is of a failure to reach such agreement, the amount determined by the Secretary of State in accordance with paragraph (1) for that year shall be the amount determined by him under section 27(3) thereof as the estimated cost of such provision.
(5) Where, for a grant year, the Secretary of State does not accept any aspect of an agreement intimated to him under section 27(2) of the Act, the amount determined by him in accordance with paragraph (1) for that year shall be the aggregate of—
(a) the amount specified in that agreement as the estimated cost of such provision, to the extent that the Secretary of State has accepted such estimate and has not made a determination under section 27(3) of the Act as to such cost; and
(b) where the Secretary of State has made a determination under section 27(3) of the Act as to the estimated cost of such provision, the amount so determined by him.

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Source: https://www.legislation.gov.uk/uksi/1994/431/regulation/8 (the official version)
Page: https://openlegislation.uk/self-governing-schools-grant-and-recovery-scotland-regulations-1994/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.