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The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1997

S.I. 1997/996 · Made 20 March 1997

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EDUCATION, ENGLAND AND WALES

Made 20th March 1997

Laid before Parliament 21st March 1997

Coming into force 1st April 1997

In exercise of the powers conferred on the Secretary of State by sections 244(2), 245, 246(1) and (2), 247(2) and (6), 257 and 569(4) and (5) of, and paragraph 14 of Schedule 28 to, the Education Act 1996f1 the Secretary of State for Education and Employment hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1996 c. 56. Sections 244 to 258 apply to grant-maintained special schools and their governing bodies by virtue of regulation 23 of the Education (Grant-maintained Special Schools) Regulations 1994, S.I. 1994/653, as substituted by regulation 11 of the Education (Grant-maintained Special Schools) (Amendment) Regulations 1994, S.I. 1994/1231 and read with paragraph 1(4) of Schedule 39 to the 1996 Act. For the meaning of “regulations” see section 579(1) of the 1996 Act.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Revocation and transitional provisions
  5. Part 2: MAINTENANCE GRANT SCHEME REPLICATION
  6. 4Application of Part 2
  7. 5Determination of amount of maintenance grant
  8. 6Determination of Direct AMG for a complete financial year by reference to a comparable maintained school’s budget share
  9. 7Alternative method of determining Direct AMG for a complete financial year by reference to historic data
  10. 8Determination of Central AMG
  11. 9Section 11 funding
  12. 10Cash protection for Central AMG and Section 11 funding
  13. 11Calculation of an amount in respect of the provision of school meals
  14. 12Determination of Direct AMG for part of a financial year
  15. 13Determination of Central AMG — apportionment for schools becoming grant-maintained part way through a financial year
  16. 14Apportionment in respect of the provision of school meals for schools becoming grant-maintained part way through a financial year
  17. 15Alternative method of determination of maintenance grant by reference to historic data for schools which become grant-maintained in the financial year in question
  18. 16Alternative method of determination of maintenance grant by reference to historic data for schools which become grant-maintained in the financial year in question
  19. 17Alternative method of determination of maintenance grant by reference to historic data for schools which become grant-maintained in the financial year in question
  20. 18Apportionment of maintenance grant determined by reference to historic data for schools which become grant-maintained after 1st April in the financial year in question
  21. 19Determination of Direct AMG for a school which becomes grant-maintained in the financial year in question pursuant to proposals published under section 212 of the 1996 Act
  22. 20Determination of an amount in respect of the provision of school meals for a school which becomes grant-maintained in the financial year in question pursuant to proposals published under section 212 of the 1996 Act
  23. 21Apportionment of maintenance grant determined under regulation 5(1)(a) for a school which becomes grant-maintained pursuant to proposals published under section 212 of the 1996 Act
  24. 22Contingencies
  25. 23Nursery Education
  26. 24Determination of an amount representing the unspent sum of a previous financial year’s budget share
  27. 25Determination of an amount in respect of a budget deficit in previous financial years
  28. 26Determination of an amount in respect of sums deducted from a school’s budget share
  29. 27Excessive surpluses
  30. 28Excessive severance payments
  31. 29Relevant date
  32. 30Adjustments
  33. 31Schools with wide age ranges
  34. 32Schools situated in the area of a local education authority which is not the area of the former maintaining authority
  35. 33Redetermination to take into account local education authority capital expenditure from the revenue account
  36. 34Notice of revisions to the governing body and the local education authority
  37. 35Further revisions
  38. 36Transfer of site
  39. 37Applications of relevant date provisions to a redetermination of the amount of maintenance grant
  40. 38Requirements which may be attached to payment of maintenance grant
  41. Part 3: MAINTENANCE GRANT—COMMON FUNDING FORMULA
  42. 39Application and interpretation of Part 3
  43. 40Secondary schools total and primary schools total
  44. 41Determination of amount of maintenance grant
  45. 42Determination of a school’s CFF share
  46. 43Link to budgets
  47. 44Sums to be added to the CFF share
  48. 45Sums to be deducted from the CFF share : deficits incurred in respect of budget share in previous financial years
  49. 46Sums to be deducted from the CFF share: excessive surpluses
  50. 47Sums to be deducted from the CFF share: excessive severance payments
  51. 48CFF floor
  52. 49Relevant date
  53. 50Adjustments
  54. 51Further revisions
  55. 52Deemed primary schools and deemed secondary schools
  56. 53Error contingency amount for primary schools
  57. 54Transfer of site
  58. 55Application of relevant date provisions to a redetermination of the amount of maintenance grant
  59. 56Requirements which may be attached to payment of maintenance grant
  60. 57Pupil number contingencies in the London Borough of Brent
  61. Part 4: CAPITAL AND SPECIAL PURPOSE GRANTS
  62. 58Capital grants
  63. 59Special purpose grants
  64. 60Requirements which may be attached to payment of capital or special purpose grants
  65. Part 5: RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM A LOCAL EDUCATION AUTHORITY
  66. 61Determination of amount to be recovered
  67. Part 6: AMENDMENT
  68. 62Recovery from local funds in respect of maintenance grant paid to a grant-maintained special school outside the local education authority’s area.
  69. Schedule 1: DETERMINATION OF THE RELEVANT PERCENTAGE
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. 3Paragraph 3
  73. 4Paragraph 4
  74. 5Paragraph 5
  75. 6Paragraph 6
  76. 7Paragraph 7
  77. 8Paragraph 8
  78. Schedule 2: RELEVANT EXPENDITURE
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. Schedule 3: REQUIREMENTS WHICH MAY BE ATTACHED TO PAYMENT OF MAINTENANCE, CAPITAL AND SPECIAL PURPOSE GRANTS
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. Schedule 4: SPECIAL PROVISIONS FOR FORMER INDEPENDENT SCHOOLS
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. Schedule 5DIVISION OF THE SECONDARY AND PRIMARY SCHOOLS TOTALS
  94. ISECONDARY RELEVANT AUTHORITIES
  95. 1London Borough of Barnet
  96. IIPRIMARY RELEVANT AUTHORITIES
  97. 2Essex County Council
  98. IIIPUPIL NUMBERS
  99. 3A(Barnet, Bournemouth, Bromley, Calderdale, Croydon, Cumbria, Derby, Derbyshire, Enfield, Gloucestershire, Hillingdon, Luton, Milton Keynes, Rutland, Surrey, Trafford, Walsall and Wandsworth)
  100. B(Brent, Ealing, Essex, Kingston, Lambeth, Lincolnshire, Sutton and Swindon)
  101. C(Cambridgeshire, Hertfordshire and Poole)
  102. D(Kent and Wiltshire)
  103. EEssex as a primary relevant authority
  104. FGloucestershire as a primary relevant authority
  105. GHillingdon as a primary relevant authority
  106. HNew schools in Milton Keynes, Surrey, Sutton and Essex as a primary relevant authority
  107. IVOTHER FACTORS
  108. 4(All relevant authorities except Hertfordshire, Swindon and Wiltshire)
  109. 5(Bromley, Cambridgeshire, Derby, Derbyshire and Rutland)
  110. 6(Barnet, Enfield, Essex, Kingston and Surrey)
  111. 7(All relevant authorities)
  112. 8(Bournemouth, Cumbria, Hillingdon, Lambeth, Poole, Trafford and Wiltshire)
  113. 9(Calderdale, Enfield, Hertfordshire, Milton Keynes and Surrey)
  114. 10(Barnet)
  115. 11(Essex as a secondary relevant authority)
  116. 12(Essex, Hertfordshire and Kent)
  117. 13(Sutton)
  118. 14(Luton)
  119. 15(Hillingdon as a primary relevant authority)
  120. VCALCULATION OF A SCHOOL'S CFF SHARE
  121. 16ACalculation of a school’s CFF share in existing secondary CFF areas : Authorities which use estimates of pupil numbers
  122. BCalculation of a school’s CFF share: Bournemouth, Luton, Milton Keynes, Poole, Rutland and Trafford
  123. CCalculation of a school’s CFF share: Secondary relevant authorities which do not use estimates of pupil numbers other than the London Borough of Brent
  124. DCalculation of a school’s CFF share: London Borough of Brent
  125. ECalculation of a school’s CFF share: Primary relevant authorities, Essex and Gloucestershire
  126. FCalculation of a school’s CFF share: Hillingdon as a primary relevant authority
  127. VIPart VI
  128. VIITABLE
  129. Schedule 6: AMOUNTS FOR AGE BANDS AND AGE BANDS 3 AND 2P UNIT COSTS
  130. TABLE 1Part TABLE 1
  131. TABLE 2Part TABLE 2
  132. Schedule 7: PRIMARY SCHOOLS' SHARES OF AVAILABLE OR CONTINGENCY AMOUNT
  133. 1Paragraph 1
  134. 2Paragraph 2
  135. 3Paragraph 3
  136. 4Paragraph 4
  137. 5Paragraph 5
  138. Schedule 8: EXPENDITURE OF A CAPITAL NATURE
  139. 1Paragraph 1
  140. 2Paragraph 2
  141. Schedule 9: EXPENDITURE IN RESPECT OF WHICH SPECIAL PURPOSE GRANTS MAY BE PAID
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. Explanatory note