The Financing of Maintained Schools (England) Regulations 2003

Regulation 20

SCHEDULE 2 PROTECTED LEVEL OF FUNDING

1.—(1) This Schedule applies for the purpose of determining the protected level of funding for a school, to which regulation 20 (transitional funding) applies, in respect of the financial year beginning on 1st April 2003.

(2) References in this Schedule to the number of registered pupils at a school on a particular date are references to the full-time equivalent of that number, where—

(a) “the full-time equivalent” is the number of full-time registered pupils plus half the number of part-time registered pupils; and

(b) a “part-time pupil” is one who attends school other than on the basis that he should attend both morning and afternoon sessions at least five days each week.

2.  Subject to paragraphs 3, 4 and 5, the protected level of funding for the financial year beginning on 1st April 2003 for each school to which regulation 20 applies shall be calculated according to the formula—

Where

• “a” and “b” have the values previously ascribed to them by the Secretary of State for the purposes of Schedule 4 to the 1999 Regulations;

• “c”is the number appearing to the local education authority to be the number of registered pupils at the school on 15^th January 1998 save that

  (a)

  if “c” for the purposes of Schedule 4 to the 1999 Regulations was determined by the Secretary of State in accordance with paragraph 4(c) of that Schedule, then, to the extent that it was so determined other than on the basis of full-time equivalent pupil numbers, the local education authority may, if they consider it reasonable to do so, determine “c” substituting corresponding full-time equivalent pupil numbers; and

  (b)

  in the case of a special school, “c” shall have the value previously ascribed to it by the Secretary of State in relation to that school for the purposes of Schedule 4 to the 1999 Regulations;

• “d” is the number appearing to the local education authority to be—

  (a)

  where the number of registered pupils at the school on 16th January 2003 is greater than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 plus an amount calculated to the nearest whole number (with half being rounded up) being 85% of the difference between those two sets of pupil numbers; or

  (b)

  where the number of registered pupils at the school on 16th January 2003 is less than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 less an amount calculated to the nearest whole number (with half being rounded up) being 85% of the difference between those two sets of pupil numbers; or

  (c)

  where the number of registered pupils at the school on 16th January 2003 is the same as the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 16th January 2003; or

  (d)

  in the case of a special school, the appropriate number of places for which the school could be funded in accordance with these Regulations for the financial year beginning on 1st April 2003.

3.—(1) In the case of a special school which has places for both day and boarding pupils, the protected level of funding for the financial year beginning on 1st April 2003 for the school shall be calculated according to the formula

.

(2) For the purposes of the formula in sub-paragraph (1) above,

• “e”, “f”, “h” and “i” have the values previously ascribed to them by the Secretary of State for the purposes of Schedule 4 to the 1999 Regulations;

• “g” is the number appearing to the local education authority to be the appropriate number of places for day pupils for which the special school could be funded in accordance with these Regulations for the financial year beginning on 1st April 2003;

• “j” is the number appearing to the local education authority to be the appropriate number of places for boarding pupils for which the special school could be funded in accordance with these Regulations for the financial year beginning on 1st April 2003.

4.  The protected level of funding for the financial year beginning on 1st April 2003 for—

• Uppingham Community College, Rutland,

• Casterton Community College, Rutland,

• Vale of Catmose Community College, Rutland,

shall be

Where

• “a” is the amount as last determined in respect of the school before 15th December 1998 in accordance with regulation 5 of the 1998 Regulations;

• “b” is the same as “b” in paragraph 7 of Schedule 4 to the 1999 Regulations;

• “c” is the number appearing to the local education authority to be the number of registered pupils at the school on 21^st January 1999,

• “d” is the number appearing to the local education authority to be—

  (a)

  where the number of registered pupils at the school on 16th January 2003 is greater than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 plus an amount calculated to the nearest whole number (with half being rounded up) being 85% of the difference between those two sets of pupil numbers; or

  (b)

  where the number of registered pupils at the school on 16th January 2003 is less than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 less an amount calculated to the nearest whole number (with half being rounded up) being 85% of the difference between those two sets of pupil numbers; or

  (c)

  where the number of registered pupils at the school on 16th January 2003 is the same as the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 16th January 2003.

5.  Where a school is to close during the financial year, the protected level of funding shall be the amount determined in accordance with paragraph 2, 3 or 4, as the case may be, divided by 365 and multiplied by the number of days in the period beginning on 1st April 2003 and ending on the day on which the school closes.