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

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

    3. 3.Revocation and transitional provisions

  3. PART 2 MAINTENANCE GRANT SCHEME REPLICATION

    1. 4.Application of Part 2

    2. 5.Determination of amount of maintenance grant

    3. 6.Determination of Direct AMG for a complete financial year by reference to a comparable maintained school’s budget share

    4. 7.Alternative method of determining Direct AMG for a complete financial year by reference to historic data

    5. 8.Determination of Central AMG

    6. 9.Section 11 funding

    7. 10.Cash protection for Central AMG and Section 11 funding

    8. 11.Calculation of an amount in respect of the provision of school meals

    9. 12.Determination of Direct AMG for part of a financial year

    10. 13.Determination of Central AMG — apportionment for schools becoming grant-maintained part way through a financial year

    11. 14.Apportionment in respect of the provision of school meals for schools becoming grant-maintained part way through a financial year

    12. 15.Alternative method of determination of maintenance grant by reference to historic data for schools which become grant-maintained in the financial year in question

    13. 16.(1) The funding authority shall determine an amount which is...

    14. 17.The funding authority shall determine— (a) an amount equal to...

    15. 18.Apportionment of maintenance grant determined by reference to historic data for schools which become grant-maintained after 1st April in the financial year in question

    16. 19.Determination 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

    17. 20.Determination 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

    18. 21.Apportionment 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

    19. 22.Contingencies

    20. 23.Nursery Education

    21. 24.Determination of an amount representing the unspent sum of a previous financial year’s budget share

    22. 25.Determination of an amount in respect of a budget deficit in previous financial years

    23. 26.Determination of an amount in respect of sums deducted from a school’s budget share

    24. 27.Excessive surpluses

    25. 28.Excessive severance payments

    26. 29.Relevant date

    27. 30.Adjustments

    28. 31.Schools with wide age ranges

    29. 32.Schools situated in the area of a local education authority which is not the area of the former maintaining authority

    30. 33.Redetermination to take into account local education authority capital expenditure from the revenue account

    31. 34.Notice of revisions to the governing body and the local education authority

    32. 35.Further revisions

    33. 36.Transfer of site

    34. 37.Applications of relevant date provisions to a redetermination of the amount of maintenance grant

    35. 38.Requirements which may be attached to payment of maintenance grant

  4. PART 3 MAINTENANCE GRANT—COMMON FUNDING FORMULA

    1. 39.Application and interpretation of Part 3

    2. 40.Secondary schools total and primary schools total

    3. 41.Determination of amount of maintenance grant

    4. 42.Determination of a school’s CFF share

    5. 43.Link to budgets

    6. 44.Sums to be added to the CFF share

    7. 45.Sums to be deducted from the CFF share : deficits incurred in respect of budget share in previous financial years

    8. 46.Sums to be deducted from the CFF share: excessive surpluses

    9. 47.Sums to be deducted from the CFF share: excessive severance payments

    10. 48.CFF floor

    11. 49.Relevant date

    12. 50.Adjustments

    13. 51.Further revisions

    14. 52.Deemed primary schools and deemed secondary schools

    15. 53.Error contingency amount for primary schools

    16. 54.Transfer of site

    17. 55.Application of relevant date provisions to a redetermination of the amount of maintenance grant

    18. 56.Requirements which may be attached to payment of maintenance grant

    19. 57.Pupil number contingencies in the London Borough of Brent

  5. PART 4 CAPITAL AND SPECIAL PURPOSE GRANTS

    1. 58.Capital grants

    2. 59.Special purpose grants

    3. 60.Requirements which may be attached to payment of capital or special purpose grants

  6. PART 5 RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM A LOCAL EDUCATION AUTHORITY

    1. 61.Determination of amount to be recovered

  7. PART 6 AMENDMENT

    1. 62.Recovery from local funds in respect of maintenance grant paid to a grant-maintained special school outside the local education authority’s area.

    1. SCHEDULE 1

      DETERMINATION OF THE RELEVANT PERCENTAGE

      1. 1.This Schedule applies for the purposes of determining the relevant...

      2. 2.For the purposes of regulation 8(1), the relevant percentage in...

      3. 3.For the purposes of regulation 16(4), the relevant percentage in...

      4. 4.For the purposes of regulation 43(2)(c), the relevant percentage is...

      5. 5.For the purposes of this paragraph, the percentage is that...

      6. 6.(1) For the purposes of this paragraph, the funding authority...

      7. 7.(1) For the purposes of this paragraph, the funding authority...

      8. 8.(1) The amounts referred to in paragraphs 6 and 7...

    2. SCHEDULE 2

      RELEVANT EXPENDITURE

      1. 1.Subject to paragraph 2, the following heads or items of...

      2. 2.The amount of relevant expenditure incurred by the maintaining local...

    3. SCHEDULE 3

      REQUIREMENTS WHICH MAY BE ATTACHED TO PAYMENT OF MAINTENANCE, CAPITAL AND SPECIAL PURPOSE GRANTS

      1. 1.A requirement that the governing body shall secure, so far...

      2. 2.Requirements with respect to the maintenance of proper accounts including,...

      3. 3.Requirements as to audit and inspection of the governing body’s...

      4. 4.Such further requirements relating to the conduct of the school’s...

    4. SCHEDULE 4

      SPECIAL PROVISIONS FOR FORMER INDEPENDENT SCHOOLS

      1. 1.The amount determined by the Secretary of State under regulation...

      2. 2.The amount of maintenance grant payable for the financial year...

      3. 3.(1) The funding authority shall determine in respect of each...

      4. 4.Regulations 41, 42 and 48 shall not apply.

      5. 5.Regulations 43, 44(3) to (5) and 50 shall apply as...

      6. 6.The amounts referred to in paragraph 2 in respect of...

    5. SCHEDULE 5

      DIVISION OF THE SECONDARY AND PRIMARY SCHOOLS TOTALS

      1. PART I SECONDARY RELEVANT AUTHORITIES

        1. 1.London Borough of Barnet

        2. Bournemouth Borough Council

        3. London Borough of Brent

        4. London Borough of Bromley

        5. Calderdale Metropolitan Borough Council

        6. Cambridgeshire County Council

        7. London Borough of Croydon

        8. Cumbria County Council

        9. Derby City Council

        10. Derbyshire County Council

        11. London Borough of Ealing

        12. London Borough of Enfield

        13. Essex County Council

        14. Gloucestershire County Council

        15. Hertfordshire County Council

        16. London Borough of Hillingdon

        17. Kent County Council

        18. Royal Borough of Kingston upon Thames

        19. London Borough of Lambeth

        20. Lincolnshire County Council

        21. Luton Borough Council

        22. Milton Keynes Council

        23. Poole Borough Council

        24. Rutland County Council (District Council)

        25. Surrey County Council

        26. London Borough of Sutton

        27. Swindon Borough Council

        28. Trafford Metropolitan Borough Council

        29. Walsall Metropolitan Borough Council

        30. London Borough of Wandsworth

        31. Wiltshire County Council

      2. PART II PRIMARY RELEVANT AUTHORITIES

        1. 2.Essex County Council

        2. Gloucestershire County Council

        3. London Borough of Hillingdon

      3. PART III PUPIL NUMBERS

        1. Secondary relevant authorities, with no middle schools deemed secondary schools, which use estimates of pupil numbers

        2. 3A.(Barnet, Bournemouth, Bromley, Calderdale, Croydon, Cumbria, Derby, Derbyshire, Enfield, Gloucestershire, Hillingdon, Luton, Milton Keynes, Rutland, Surrey, Trafford, Walsall and Wandsworth)

        3. Secondary relevant authorities, with no middle schools deemed secondary schools, which do not use estimates of pupil numbers

        4. B.(Brent, Ealing, Essex, Kingston, Lambeth, Lincolnshire, Sutton and Swindon)

        5. Secondary relevant authorities, with middle schools deemed secondary schools, which use estimates of pupil numbers

        6. C.(Cambridgeshire, Hertfordshire and Poole)

        7. Secondary relevant authorities, with middle schools deemed secondary schools, which do not use estimates of pupil numbers

        8. D.(Kent and Wiltshire)

        9. E.Essex as a primary relevant authority

        10. F.Gloucestershire as a primary relevant authority

        11. G.Hillingdon as a primary relevant authority

        12. H.New schools in Milton Keynes, Surrey, Sutton and Essex as a primary relevant authority

      4. PART IV OTHER FACTORS

        1. Fixed Costs

        2. 4.(All relevant authorities except Hertfordshire, Swindon and Wiltshire)

        3. Special Educational Needs

        4. 5.(Bromley, Cambridgeshire, Derby, Derbyshire and Rutland)

        5. Additional Special Educational Needs Provision

        6. 6.(Barnet, Enfield, Essex, Kingston and Surrey)

        7. Free School Meals (actual take up)

        8. 7.(All relevant authorities)

        9. Small Schools

        10. 8.(Bournemouth, Cumbria, Hillingdon, Lambeth, Poole, Trafford and Wiltshire)

        11. Split Site

        12. 9.(Calderdale, Enfield, Hertfordshire, Milton Keynes and Surrey)

        13. Floor area

        14. 10.(Barnet)

        15. Turnover

        16. 11.(Essex as a secondary relevant authority)

        17. London Weighting

        18. 12.(Essex, Hertfordshire and Kent)

        19. Training Targets

        20. 13.(Sutton)

        21. Joint Use

        22. 14.(Luton)

        23. Nursery Units

        24. 15.(Hillingdon as a primary relevant authority)

      5. PART V CALCULATION OF A SCHOOL'S CFF SHARE

        1. 16A.Calculation of a school’s CFF share in existing secondary CFF areas : Authorities which use estimates of pupil numbers

        2. B.Calculation of a school’s CFF share: Bournemouth, Luton, Milton Keynes, Poole, Rutland and Trafford

        3. C.Calculation of a school’s CFF share: Secondary relevant authorities which do not use estimates of pupil numbers other than the London Borough of Brent

        4. D.Calculation of a school’s CFF share: London Borough of Brent

        5. E.Calculation of a school’s CFF share: Primary relevant authorities, Essex and Gloucestershire

        6. F.Calculation of a school’s CFF share: Hillingdon as a primary relevant authority

      6. PART VI

      7. PART VII TABLE

    6. SCHEDULE 6

      AMOUNTS FOR AGE BANDS AND AGE BANDS 3 AND 2P UNIT COSTS

      1. TABLE 1

        1. Amounts for Age Bands and Age Band 3 Unit Costs for Secondary Relevant Authorities

      2. TABLE 2

        1. Amounts for Age Bands and Age Band 2P Unit Costs for Primary Relevant Authorities

    7. SCHEDULE 7

      PRIMARY SCHOOLS' SHARES OF AVAILABLE OR CONTINGENCY AMOUNT

      1. 1.In this Schedule “school” means a grant-maintained primary school situated...

      2. 2.The funding authority shall determine in respect of each school...

      3. 3.The funding authority shall determine in respect of the relevant...

      4. 4.The funding authority shall determine the amount obtained by dividing...

      5. 5.The funding authority shall determine as the amount to be...

    8. SCHEDULE 8

      EXPENDITURE OF A CAPITAL NATURE

      1. 1.Expenditure of a capital nature is expenditure on, or in...

      2. 2.In paragraph 1 “building” includes any fixtures and fittings affixed...

    9. SCHEDULE 9

      EXPENDITURE IN RESPECT OF WHICH SPECIAL PURPOSE GRANTS MAY BE PAID

      1. 1.In this Schedule — “eligible training” means — the training...

      2. 2.The expenditure in respect of which special purpose grants may...

  9. Explanatory Note

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