The Education (Grant-maintained Schools) (Finance) Regulations 1993

Adjustments

17.—(1) Without prejudice to paragraph (5), this paragraph applies where—

(a) after determining the amount of maintenance grant payable in respect of any school for any financial year in accordance with these Regulations it appears to the Secretary of State that, by reason of—

(i) any change in the characteristics of the school,

(ii) any change in the level of spending by the former maintaining authority, or

(iii) any other change affecting the needs of the school,

the amount so payable should be revised; or

(b) the Secretary of State is satisfied that his determination of the amount of maintenance grant payable in respect of any school for any financial year was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.

(2) Subject to paragraph (3), in any case to which paragraph (1) applies, the Secretary of State may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly.

(3) Subject to paragraph (4), paragraph (2) shall not enable the Secretary of State to revise his determination of maintenance grant so as to reduce the amount of grant payable to the governing body of the school concerned for the financial year in question.

(4) The Secretary of State may revise his determination of maintenance grant so as to reduce the amount payable where—

(a) that determination was made in ignorance of, or was based on a mistake as to, some material fact; and

(b) such ignorance or mistake was not attributable to an act or omission of the former maintaining authority.

(5) Where it appears to the Secretary of State that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for any financial year is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, he may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (6), and revise his determination accordingly.

(6) Where the Secretary of State decides to redetermine the amount of maintenance grant by virtue of paragraph (5), he shall redetermine that amount by adding to it such amount as appears to him to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.

(7) Where in accordance with this regulation the Secretary of State revises the amount of maintenance grant payable in respect of any school for any financial year he shall give notice thereof to the governing body of the school and to the former maintaining authority.

(8) A determination which has been revised in accordance with this regulation may be further revised in accordance with this regulation and may be so further revised notwithstanding that the Secretary of State is satisfied that the revised determination was not made in accordance with these Regulations.