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

Application and interpretation of Part 3

39.—(1) This Part applies for the purpose of determining the amount of maintenance grant payable in respect of—

(a) a secondary school in respect of which these Regulations apply situated in the area of a secondary relevant authority which became a grant-maintained school on or before 1st April in the financial year in question;

(b) a school in respect of which these Regulations apply which is deemed to be a primary school by virtue of the Education (Middle Schools) Regulations 1980(1) but which, in the financial year in question, had, prior to a change in its character, been a secondary school whose maintenance grant was determined under this Part;

(c) a primary school in respect of which these Regulations apply situated in the area of a primary relevant authority which became a grant-maintained school on or before 1st April in the financial year in question;

(d) a school in respect of which these Regulations apply which is deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 but which, in the financial year in question, had, prior to a change in its character, been a primary school whose maintenance grant was determined under this Part; or

(e) a secondary school situated in the area of a secondary relevant authority or a primary school situated in the area of a primary relevant authority, to which these Regulations apply, which became a grant-maintained school after 1st April in the financial year in question in connection with the discontinuance of another grant-maintained school whose maintenance grant was determined under this Part .

(2) In this Part—

“CFF floor” in relation to a grant-maintained school, a new grant-maintained school or a primary or secondary school or new primary or secondary school maintained by a local education authority means the amount determined for that school under regulation 48;

“CFF share” means—

(a)

in relation to a grant-maintained secondary school, a new grant-maintained secondary school or a secondary school or a new secondary school maintained by a local education authority the share determined for that school under regulation 42(1), and in relation to a grant-maintained primary school, a new grant-maintained primary school or a primary school or a new primary school maintained by a local education authority the share determined for that school under regulation 42(2), or,

(b)

where regulation 42(4) applies, the amount of that share as redetermined in accordance with regulation 42(4)(b), or the aggregate of that redetermined share and the amount added to it in accordance with regulation 42(4)(c), as the case may be;

“existing CFF area” means the area of a secondary relevant authority falling within part (a) of the definition of “secondary relevant authority” in this regulation;

“new CFF area” means the area of a secondary relevant authority falling within part (b) of the definition of “secondary relevant authority” in this regulation;

“new grant-maintained school” means a grant-maintained school established in the financial year in question pursuant to proposals under section 211 or 212 of the 1996 Act except such a school which is established—

(a)

where section 213(3) of the 1996 Act applies (proposals by promoters to establish a new school in place of an existing independent school which it is proposed to discontinue on or before the date of implementation of the proposals in respect of the new school); or

(b)

in connection with the discontinuance of another grant-maintained school pursuant to proposals published under section 267 or 268 of the 1996 Act;

“new schools” means new grant-maintained schools and new primary and secondary schools maintained by a local education authority;

“primary CFF area” means the area of a primary relevant authority;

“primary relevant authority” means any of the following local education authorities—

• Essex County Council

• Gloucestershire County Council

• The London Borough of Hillingdon;

“relevant authority” means, in the case of a primary school, a primary relevant authority and, in the case of a secondary school, a secondary relevant authority;

“secondary relevant authority” means any of the following local education authorities—

(a)

The London Borough of Barnet

The London Borough of Brent

The London Borough of Bromley

Calderdale Metropolitan Borough Council

Cambridgeshire County Council

The London Borough of Croydon

Cumbria County Council

Derby City Council

Derbyshire County Council

The London Borough of Ealing

The London Borough of Enfield

Essex County Council

Gloucestershire County Council

Hertfordshire County Council

The London Borough of Hillingdon

Kent County Council

The Royal Borough of Kingston upon Thames

The London Borough of Lambeth

Lincolnshire County Council

Surrey County Council

The London Borough of Sutton

Swindon Borough Council (2)

Walsall Metropolitan Borough Council

The London Borough of Wandsworth

Wiltshire County Council

(b)

Bournemouth Borough Council

Luton Borough Council

Milton Keynes Council

Poole Borough Council

Rutland County Council (District Council)

Trafford Metropolitan Borough Council;

“primary schools total” in relation to any primary relevant authority means the amount determined by the Secretary of State under regulation 40(1)(b);

“secondary schools total” in relation to any secondary relevant authority means the amount determined by the Secretary of State under regulation 40(1)(a).

(3) In this Part—

• references to age bands are references to the age bands for primary and secondary schools, as the case may be, described in paragraph 3A to H of Schedule 5;

• references to grant-maintained schools, except in the definition of a new grant-maintained school, do not include new grant-maintained schools;

• references to grant-maintained primary schools, except in paragraph (1), include schools referred to in paragraph (1)(e);

• references to grant-maintained secondary schools, except in paragraph (1), include schools referred to in paragraph (1)(b);

• references to new primary schools or new secondary schools maintained by an authority are references to primary or secondary schools maintained by a local education authority which were established in the financial year in question except to such schools which are established in connection with the discontinuance of another school maintained by that authority pursuant to proposals published under section 167 or 173 of the 1996 Act; and references to primary and secondary schools maintained by a local education authority (except in this paragraph) do not include new primary or new secondary schools maintained by a local education authority;

• references to primary schools do not include nursery schools.

(4) This Part shall apply in relation to a grant-maintained school established in place of an existing independent school which was discontinued on or before the date of the establishment of that grant-maintained school, with the modifications set out in Schedule 4.

(1)

S.I. 1980/918; amended by S.I. 1994/581.

(2)

Swindon Borough Council is known as Thamesdown Borough Council until 1st April 1997.