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

Determination of an amount in respect of a comparable maintained school’s budget share

6.—(1) In any case where the school’s incorporation date falls before the financial year in question, the Secretary of State may if he thinks fit, instead of determining an amount under regulation 5(2), determine an amount in accordance with paragraph (4).

(2) Subject to paragraph (3), the Secretary of State shall consult the former maintaining authority and the governing body of the school before deciding whether, pursuant to paragraph (1), to determine an amount in accordance with paragraph (4).

(3) Paragraph (2) shall not apply in any case where it appears to the Secretary of State that, in relation to the financial year in question, a comparable maintained school’s budget share, determined by the application of the allocation formula in the former maintaining authority’s scheme, would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year.

(4) Where the Secretary of State decides to determine an amount in accordance with this paragraph he shall determine an amount 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 31 March 1993, was determined in respect of the school under (as the case may be) regulation 5, 6, 7, 15(3) or 16(3) of the 1992 Regulations for that year; or

(ii) in the case of a school whose incorporation date falls after the financial year ending on 31 March 1993, is determined in respect of the school under (as the case may be) this paragraph or regulation 5, 7 or 13(3) 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.

(5) In these Regulations references to the preceding financial year are references to the financial year immediately preceding the financial year in question.