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

Determination of an amount as a percentage addition

10.—(1) In any case to which this regulation applies the Secretary of State shall not determine an amount in accordance with regulation 8 or 9; but he shall determine an amount in accordance with paragraph (4).

(2) This regulation applies in any case where—

(a) before the relevant date in relation to the school (as initially determined) either the former maintaining authority or the governing body of the school request in writing that a determination is made under this regulation; and

(b) it appears to the Secretary of State that, on the relevant date in relation to the school (as initially determined), at least 15 per cent. of either—

(i) primary maintained schools in the area of the former maintaining authority (rounded up to a whole number); or

(ii) secondary maintained schools in the area of the former maintaining authority (rounded up to a whole number),

(3) (a) For the purposes of paragraph (4), the Secretary of State shall calculate the percentage that the amount determined in accordance with sub-paragraph (b) below is of the amount determined in accordance with sub-paragraph (c) below (referred to in this regulation as “the relevant percentage”).

(b) The Secretary of State shall determine an amount by the application of the following formula—

where

• A is the amount of the former maintaining authority’s general school’s budget for the financial year in question which, in the opinion of the Secretary of State would remain after deducting from it—

  (i)

  their aggregated budget for the year;

  (ii)

  the authority’s planned expenditure on those heads or items specified in Schedule 1;

  (iii)

  the authority’s planned expenditure on the provision of school meals; and

  (iv)

  any amount appropriated for meeting expenditure in respect of contingencies:

  Provided that in determining the amounts under paragraphs (ii) to (iv) the Secretary of State shall exclude any such expenditure, or, in the case of expenditure in respect of contingencies, any amount appropriated by the authority for meeting such expenditure, falling within their aggregated budget;

• B is the number of registered pupils on a date determined by the Secretary of State at all primary schools or all secondary schools maintained or formerly maintained by the former maintaining authority (according as to whether the school is a primary school or a secondary school) which are required to be covered by a statement for the financial year in question under section 42 of the Act; and

• C is the number of registered pupils on that date at all such schools whether primary or secondary.

(c) The Secretary of State shall determine an amount which appears to him to be equal to the amount of the authority’s aggregated budget which is available for allocation to all primary schools or all secondary schools maintained or formerly maintained by them which are required to be covered by the authority’s scheme for the financial year in question, according as to whether the school is a primary school or a secondary school.

(4) The Secretary of State shall determine an amount which is equal to the relevant percentage of the amount determined in respect of the school in accordance with, as the case may be, regulation 5, 6 or 7.

(5) In paragraph (2), references to primary maintained schools and secondary maintained schools are references to (as the case may be) primary schools or secondary schools which are—

(a) county or voluntary schools; and

(b) grant-maintained schools.