The Education (Grant-maintained Schools) (Finance) Regulations 1992

PART 3 DETERMINATION OF AMOUNT OF MAINTENANCE GRANT WHERE THE FORMER MAINTAINING AUTHORITY ARE NOT REQUIRED TO PREPARE A STATEMENT UNDER SECTION 42 OF THE ACT

14.  This Part applies for the purpose of determining the amount of maintenance grant payable in respect of a school for a financial year other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to the provisions of Part 4.

Determination of an amount of maintenance grant where incorporation date falls in the financial year in respect of which the determination is made

15.—(1) This regulation applies where the school’s incorporation date falls in the financial year in respect of which the determination of grant is made.

(2) The amount of maintenance grant payable to the governing body of the school for the financial year in question shall, subject to any adjustment made in accordance with paragraph (7), be the sum of the amounts determined in accordance with paragraphs (3), (5) and (6).

(3) The Secretary of State shall determine an amount which he is satisfied is equal to the amount of relevant expenditure incurred by the former maintaining authority in respect of the school for the financial year ending last before the incorporation date of the school.

(4) The reference in paragraph (3) to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 2, but does not include any expenditure on the heads or items specified in Schedule 1.

(5) The Secretary of State shall determine an amount which is equal to 15 per cent. of the amount determined in accordance with paragraph (3).

(6) (a) The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula—

where

• M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 11(2).

(b) In this paragraph, “number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;

“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and

“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school.

(7) The sum of the amounts determined in accordance with paragraphs (3), (5) and (6) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard, in particular, to—

(a) any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and

(b) any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.

Determination of amount of maintenance grant for school which was a grant-maintained school before the financial year in respect of which the determination is made

16.—(1) This regulation applies in any case where the school was a grant-maintained school before the financial year in respect of which the determination of grant is made.

(2) The amount of maintenance grant payable to the governing body of the school for the financial year in question shall be the sum of the amounts determined in accordance with paragraphs (3), (4) and (6).

(3) The Secretary of State shall determine an amount which is produced by—

(a) taking the amount which—

(i) in the case of a school whose incorporation date falls in or before the financial year ending on 31st March 1992, was determined in respect of the school under regulation 5(4) or, as the case may be, 6(4) of the 1991 Regulations for that year; or

(ii) in the case of a school whose incorporation date falls after the financial year ending on 31st March 1992, is determined in respect of the school under regulation 15(4) for the financial year in which the school’s incorporation date falls; and

(b) adjusting that amount by such amount as appears to him to be fair and reasonable having regard, in particular, to—

(i) any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring since the financial year in respect of which the amount referred to in sub-paragraph (a) above was determined; and

(ii) any significant change in the characteristics of the school occurring as aforesaid or which it appears to him is likely to occur before the end of the financial year in relation to which grant is being determined.

(4) Subject to paragraph (5), the Secretary of State shall determine an amount which is equal to 15 per cent. of the amount determined in respect of the school in accordance with paragraph (3).

(5) (a) This paragraph applies in the case of any school—

(i) whose incorporation date falls in or before the financial year ending on 31st March 1992;

(ii) in respect of which maintenance grant was determined for that year under regulation 5 or 6 of the 1991 Regulations; and

(iii) in respect of which the amount determined in accordance with paragraph (4) would be less than the amount which was determined in respect of the school under regulation 5(6) or 6(6) of the 1991 Regulations for the financial year ending on 31st March 1992.

(b) In any case to which this paragraph applies, paragraph (4) shall have effect as if it required the Secretary of State to determine an amount equal to the amount which was determined in respect of the school under regulation 5(6) or, as the case may be, 6(6) of the 1991 Regulations for the financial year ending on 31st March 1992.

(6) (a) The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula—

where

• M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 11(2).

(b) In this paragraph, “number of registered pupils”, “planned expenditure” and “relevant schools” shall have the meanings assigned to them by regulation 15(6)(b).