PART 3 MAINTENANCE GRANT—COMMON FUNDING FORMULA

27 Application and interpretation of Part 3
1 This Part applies for the purpose of determining the amount of maintenance grant payable in respect of—
(a) a secondary school situated in the area of a relevant authority which became a grant-maintained school on or before 1st April in the financial year in question; or
(b) a school which is deemed to be a primary 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 secondary school whose maintenance grant was determined under this Part.
S.I. 1980/918; amended by S.I. 1994/581.
2 In this Part—
“adjusted secondary schools total” in relation to any relevant authority means the amount determined by the funding authority under regulation 30(1);
“CFF floor” in relation to any school means the amount determined for that school under regulation 31;
“CFF share” in relation to any school means the share determined for that school under regulation 30(2); “relevant authority” means any of the following local education authorities—
(a) The London Borough of Bromley
Calderdale Metropolitan Borough Council
Essex County Council
Gloucestershire County Council
The London Borough of Hillingdon
(b) The London Borough of Barnet
The London Borough of Brent
Cambridgeshire County Council
The London Borough of Croydon
Cumbria County Council
The London Borough of Ealing
The London Borough of Enfield
Hertfordshire County Council
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
Walsall Metropolitan Borough Council
The London Borough of Wandsworth
Wiltshire County Council;
“secondary schools total” in relation to any relevant authority means the amount determined by the Secretary of State under regulation 28(1);
references to grant-maintained secondary schools, except in paragraph (1), include schools referred to in paragraph (1)(b);
references to age bands are references to the age bands described, in relation to the relevant authority in question, in Schedule 4.

28 Secondary schools total
1 For the purposes of section 81(2) of the 1993 Act the Secretary of State shall determine for each relevant authority and in respect of the financial year in question the amount which appears to her, after consultation with the authority, to be the appropriate amount of expenditure of a recurrent nature to be incurred on grant-maintained secondary schools situated in the area of the authority and secondary schools maintained by the authority.
2 For the purposes of paragraph (1) expenditure is “of a recurrent nature” if it is not of a class or description specified in Schedule 7.
3 The Secretary of State shall notify the funding authority and the relevant authority of the secondary schools total determined by her in respect of that relevant authority.

Determination of amount of maintenance grant
29 1 The amount of maintenance grant payable for the financial year in question in respect of a school whose maintenance grant falls to be determined under this Part shall be the sum of the amount determined by the funding authority in accordance with regulation 30(2) or, where regulation 30(3) applies, regulation 30(3)(b) in respect of the school and the year and any amounts determined by them in respect of the school and the year in accordance with regulation 30(3)(c), (4)(c) and (7) to (10).
2 Where in the opinion of the funding authority precise calculation for the purpose of determining any of the amounts referred to in paragraph (1)—
(a) would be impracticable;
(b) would not significantly affect the amount; or
(c) would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount,
paragraph (1) shall have effect as if it required the funding authority to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to them to be fair and reasonable having regard in particular to the relevant authority’s scheme.
30 1 The funding authority shall determine for each relevant authority the amount which remains (referred to in this Part as the “adjusted secondary schools total”) after deducting from the secondary schools total for the authority for that year such amount approximating to 0.2% of that total as appears to the funding authority to be appropriate for the purpose of making provision within that total for redetermining the amounts of the CFF shares of grant-maintained secondary schools situated in the area of the authority and secondary schools maintained by the authority on the grounds referred to in regulation 35(1).
2 The funding authority shall determine for each grant-maintained secondary school situated in the area of a relevant authority and each secondary school maintained by that authority the amount of the school’s share of the adjusted secondary schools total for that authority and year obtained by dividing that total between those schools in accordance with Schedule 4.
3 Where the amount of the CFF share for any such school is less than the CFF floor for that school the funding authority shall—
(a) calculate the amount per pupil (within the meaning of Schedule 4) which would be required, if the amount of the CFF share of each grant-maintained secondary school situated in the area of the relevant authority concerned and each secondary school maintained by them were to be redetermined in accordance with that Schedule (but substituting for the amount per pupil referred to in that Schedule in relation to the authority the recalculated amount per pupil), to produce within the adjusted secondary schools total for the authority for the financial year in question the amount (referred to below as the “supplementary amount”)required to permit the amount of the CFF share of each school which is less than the amount of its CFF floor or which would be less than that amount if the amount of the CFF share of each school were to be redetermined as aforesaid, to equal the amount of the school’s CFF floor, by adding a share of the supplementary amount to the amount of the school’s CFF share;
(b) redetermine the amount of the CFF share of each grant-maintained secondary school situated in the area of the relevant authority concerned and each secondary school maintained by them in accordance with Schedule 4 but substituting for the amount per pupil referred to in that Schedule the amount calculated in accordance with sub-paragraph (a) above; and
(c) add to the amount of the CFF share (as so redetermined) of each school which is less than the amount of its CFF floor the amount by which the latter amount exceeds the former amount.
4 Where the amount of the secondary schools budget for any relevant authority for the financial year in question (defined in paragraph (5)) exceeds the secondary schools total for that authority and year, the funding authority shall—
(a) determine the amount (referred to in sub-paragraph (b) below as “the increased amount”) by which that budget exceeds that total;
(b) determine to two decimal places the percentage which the increased amount is of the secondary schools total for the authority; and
(c) add to the amount of the CFF share for each grant-maintained secondary school situated in the area of the authority the amount obtained by multiplying the amount of that share by that percentage.
5 For the purposes of paragraph (4) the amount of an authority’s secondary schools budget for the financial year in question is the sum for that financial year of the amounts specified in sub-paragraphs (a) to (d) below less the amount specified in sub-paragraph (e) below—
(a) the aggregate of the amounts which the funding authority determine would be the amounts of maintenance grant in respect of all grant-maintained secondary schools situated in the area of the authority if those amounts were determined in accordance with Part 2 and regulation 11 did not apply in the case of any school;
(b) the aggregate of the budget shares (as initially determined before the beginning of the financial year) of all secondary schools maintained by the authority;
(c) the aggregate of the amounts which equal the relevant percentage of the budget shares referred to in sub-paragraph (b) above;
(d) the aggregate of the amounts which it appears to the funding authority would be the amounts determined under regulation 13(3) in respect of all secondary schools maintained by the authority if those schools had been grant-maintained schools to which that regulation applies; and
(e) where under the relevant authority’s scheme amounts for—
(i) pupils with statements of special educational needs,
(ii) in the case of Cumbria County Council only, identified pupils with special educational needs who do not have statements and in respect of whom funding is allocated other than on the basis referred to in paragraph 3(k) of Part X of Schedule 4, and
(iii) places in schools, other than special schools, for pupils with special educational needs,
are included in the authority’s aggregated budget for that year, the aggregate of such amounts for all secondary schools in the area of the relevant authority.
6 Where, in the case of any school whose maintenance grant for the financial year in question falls to be determined under this Part, it appears to the funding authority that regulation 11 would have applied if that grant had fallen to be determined under Part 2, they shall determine the amount which would have been determined in accordance with regulation 11 in respect of the school (referred to in paragraph (7) as “the protected amount”).
7 In any case to which paragraph (6) applies the funding authority shall add to the amount of the CFF share for the school the amount by which the protected amount exceeds the difference between the amount of that share and the CFF floor.
8 Where, in the case of any school whose maintenance grant for the financial year in question falls to be determined under this Part, it appears to the funding authority that an amount would have been determined under regulation 13(8) or (9) if that grant had fallen to be determined under Part 2, they shall determine that amount and add it to the amount of the CFF share for the school.
9 The funding authority shall add to the amount of the CFF share of any school which became a grant-maintained school on 1st April in the financial year in question, an amount which appears to them to be equal or approximate to that amount of the school’s budget share for any financial year prior to the financial year in question in respect of which sums had neither been deducted by the maintaining local education authority in accordance with their scheme nor made available pursuant to section 36(2) of (3) of the 1988 Act, or, if made available, had not been spent by the governing body in exercise of their powers under section 36(5) of that Act.
10 (a) The funding authority shall deduct from the amount of the CFF share of any school which became a grant-maintained school on 1st April in the financial year in question, an amount determined in accordance with sub-paragraph (b) below.
(b) The funding authority, having consulted the former maintaining local education authority and the governing body of the school, shall determine such amount, if any, as appears to them to be fair and reasonable, in respect of any deficit incurred by the school in respect of its budget share in any previous financial year, having regard, in particular, to the following matters—
(i) the existence and the terms of any agreement in writing between the governing body of the school and the maintaining local education authority regarding the repayment of such deficit,
(ii) the existence in the relevant scheme of provision permitting schools to anticipate their budget shares for the following year in order to finance planned items of expenditure, and
(iii) evidence that the maintaining local education authority takes steps to reduce schools' budget shares where deficits have occurred and did not allow schools to carry over deficits from one year to the other with no planned reduction.
11 References in paragraphs (4)(c), (7) to (10) and regulations 33(6) and 35(1) and (3)(b) to the amount of the CFF share for any school include references, where paragraph (3) applies, to the amount of that share as redetermined in accordance with paragraph (3)(b) or to the sum of that amount and the amount added to it in accordance with paragraph (3)(c), as the case may be.

31 CFF floor
1 A school’s CFF floor shall be the amount determined by the funding authority in accordance with the following provisions of this regulation.
2 (a) In the case of a school, other than a school referred to in paragraph (5) or (6), which was a grant-maintained school throughout the preceding financial year, the funding authority shall determine the amount of the maintenance grant determined (or, subject to sub-paragraph (b) below, if that amount was redetermined in the preceding financial year, the amount as most recently so redetermined) under the 1994 Regulations for the school for that year—
(i) increased by such amount as appears to the funding authority to be required, where regulation 10(1) of the 1994 Regulations applied for the purpose of determining (or redetermining) that grant, to reflect the amount which would have been determined under regulation 9(1) of those Regulations for that purpose if regulation 10(1) of those Regulations had not so applied, and
(ii) reduced by an amount equivalent to any amounts for pupils with statements of special educational needs; or, in the case of Cumbria County Council only, for identified pupils with special educational needs who do not have statements and in respect of whom funding is allocated other than on the basis referred to in paragraph 3(k) of Part X of Schedule 4; or for places in schools, other than special schools, for pupils who have special educational needs; included in the relevant authority’s aggregated budget under their scheme as it applied in that year;
(b) to the extent that the amount of maintenance grant referred to in sub-paragraph (a) above was redetermined as mentioned in that sub-paragraph by reason of any increase or decrease in the number of registered pupils at the school, no account shall be taken of that redetermination for the purposes of that sub-paragraph.
3 In the case of a school, other than a school referred to in paragraph (5) or (6), which was not a grant-maintained school at any time during the preceding financial year, the amount is the aggregate of the following amounts—
(a) the amount of the school’s budget share for the preceding financial year as initially determined (or, if that share was revised in the preceding financial year, as most recently so revised)—
(i) increased by the amount which it appears to the funding authority would have been the amount required to be determined for the school and that year under regulation 9(1) of the 1994 Regulations if the school had been a grant-maintained school and the relevant percentage for the purposes of that regulation (instead of the percentage determined in accordance with Schedule 1 to those Regulations) had been the percentage determined in accordance with Schedule 1 to these Regulations.
(ii) reduced by an amount equivalent to any amounts for pupils with statements of special educational needs; or, in the case of Cumbria County Council only, for identified pupils with special educational needs who do not have statements and in respect of whom funding is allocated other than on the basis referred to in paragraph 3(k) of Part X of Schedule 4; or for places in schools, other than special schools, for pupils who have special educational needs; included in the relevant authority’s aggregated budget under their scheme as it applied in that year; and
to the extent that the amount of the school’s budget share referred to above in this sub-paragraph was revised as therein mentioned by reason of any increase or decrease in the number of registered pupils at the school, no account shall be taken of that revision for the purposes of this sub-paragraph;
(b) the amount which it appears to the funding authority would have been the amount required to be determined for the school and that financial year under regulation 12 of the 1994 Regulations (disregarding any amount which would have been required to be determined under regulation 12(5) of those Regulations in respect of changes in the number of registered pupils at the school), if the school had been a grant-maintained school throughout that year,
apportioned, where proposals under section 12 of the Education Act 1980 to cease to maintain the school fall to be implemented on a date in the financial year in question, in accordance with the formula
R×Q365
where—
R is the aggregate amount determined in accordance with sub-paragraphs (a) and (b) above; and
Q is the number of days in that year which precede the date on which the authority are to cease to maintain the school.
1980 c. 20; section 12 was amended by section 31(4) of the Education Reform Act 1988 and section 229 of the Education Act 1993.
4 In the case of a school, other than a school referred to in paragraph (5) or (6), which became a grant-maintained school after 1st April in the preceding financial year, the sum of the amount referred to in paragraph (2), leaving out of account its apportionment under regulation 18 of the 1994 Regulations, and of the amount referred to in paragraph (3), adjusted in each case pro rata according to the date in that financial year on which the school became a grant-maintained school.
5 Subject to paragraph (6), in the case of a school situated in the area of a relevant authority referred to in part (a) of the definition in regulation 27(2), the amount referred in regulation 25(3)(a), (b) or (c) of the 1994 Regulations calculated by the funding authority for the purpose of determining that school’s CFF share under those Regulations.
6 Subject to the following provisions of this regulation, the funding authority shall determine in respect of—
(a) all schools situated in the area of Surrey County Council, other than All Hallows School, the amount determined in respect of that school in accordance with paragraphs (2) to (4), as the case may be, but on the basis of amounts for the period 1st September to 31st March in the preceding financial year divided by 0.6 rather than on the basis of that financial year taken as a whole;
(b) All Hallows School, Surrey, £2387,000;
(c) St Anne’s School, Enfield, £2203,900;
(d) Dick Sheppard School, Lambeth, £689,397;
(e) Hockerill School, Hertfordshire, £934,808;
(f) Hundred of Hoo School, Kent, £3,508,033;
(g) Axton Chase School, Kent, £2,448,599;
(h) Oakwood Park School, Kent, £1,412,563;
(i) Sittingbourne Community College, Kent, £1,923,326; and
(j) The Ridings School, Calderdale, £1,839,604.
7 (a) Where it appears to the funding authority that in the preceding financial year the maintenance grant or budget share of a school, situated in the area of a relevant authority referred to in part (b) of the definition in regulation 27(2), was determined on the basis of an incorrect estimate of the numbers of registered pupils at the school for any part of that year and that authority’s scheme makes provision for adjustments to be made in relation to incorrect estimates of pupil numbers, then the funding authority shall add to the amount determined in accordance with the foregoing provisions of this regulation in respect of that school an amount calculated in accordance with sub-paragraph (b) below.
(b) The amount is an amount arrived at by—
(i) taking the number which appears to the funding authority to be the number of registered pupils at the school in each age band on the date to which the estimate relates less the estimated number of pupils in each age band on that date multiplied, in the case of all schools other than those falling within paragraph 6(a), by the proportion of the preceding year in respect of which pupil numbers were estimated (expressed as a fraction in the entry for that relevant authority in column 1 of the Table in Schedule 5);
(ii) multiplying the amount for each age band under (i) above by the amount set out in, whichever is appropriate of, column 2, 3, 4 or 5 for that age band and in respect of that relevant authority in the Table in Schedule 5; and
(iii) multiplying the sum of the amounts derived from (ii) above by the unit cost for age band 3 as shown in column 6 in the Table in Schedule 5.
8 The funding authority shall add to the amount determined in respect of each school by the preceding provisions of this regulation an amount calculated by—
(a) multiplying the number of registered pupils in each age band on 19th January 1995—
(i) in the case of schools falling within paragraph 6(a), (f), (g) or (h), less the number of registered pupils which it appears to the funding authority were in each age band on 15th September 1994,
(ii) in any other case less the number of registered pupils which it appears to the funding authority were in each age band on 20th January 1994,
by the amount set out in, whichever is appropriate of, column 2, 3, 4 or 5 in the Table in Schedule 5 for that age band in respect of that relevant authority, and
(b) multiplying the sum of the amounts derived from sub-paragraph (a) above by the unit cost for age band 3 as shown in column 6 in the Table in Schedule 5.
9 The funding authority shall multiply the amount determined in respect of each school in accordance with the preceding provisions of this regulation by a figure which is the sum of the amounts determined in respect of all schools to which this regulation applies in the area of the relevant authority in accordance with paragraphs (2) to (6) divided by the sum of the amounts so determined in accordance with paragraphs (2) to (8).
10 If the sum of the amounts determined in respect of each school in the area of a relevant authority by the funding authority in accordance with paragraph (9) is greater than the adjusted secondary schools total for that authority then the funding authority shall multiply the amount so determined in respect of each school by a figure which is the adjusted secondary schools total for that authority divided by the sum of the amounts determined in respect of each school in the area of that authority in accordance with paragraph (9).
11 In determining for the purposes of this regulation the number which appears to them to be the number of registered pupils at a school on a particular date, the funding authority shall include or exclude, in so far as it appears to them to be appropriate to do so, pupils permanently excluded from the school or provided with education at the school having been permanently excluded from another school which is a grant-maintained school or a school maintained by a local education authority, having regard in particular to any transfer of an amount of funding in respect of that pupil pursuant to section 262 or the 1993 Act.
12 The funding authority shall adjust the amount determined in accordance with the foregoing provisions of this regulation by such amount, if any, as appears to them to be fair and reasonable, having consulted the relevant authority, to take into account any transfer of an amount of funding in respect of a pupil pursuant to section 262 of the 1993 Act.

32 Relevant date
1 Subject to regulation 37, any amount required to be determined by the funding authority under this Part shall be determined on the information available to them on the relevant date.
2 In paragraph (1), the relevant date is such date as the funding authority may determine and different dates may be determined for different cases or classes of case.
3 The funding authority may, in any case where they consider it appropriate to do so, redetermine the relevant date.
4 Where—
(a) the funding authority determine the relevant date in respect of any school for the financial year in question in accordance with paragraph (2); or
(b) they redetermine the relevant date in accordance with paragraph (3),
they shall notify the governing body of the school and the local education authority in writing of that fact.
5 Where there is not available to the funding authority on the relevant date sufficient information as will, in their opinion, allow them to determine any amount referred to in paragraph (1) they may determine the amount of maintenance grant payable in respect of the school on such basis as appears to them to be fair and reasonable having regard to the information available to them on the relevant date.
6 The funding authority shall not take into account any information made available to them after the relevant date (but before the date of their determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.
7 References in this Part of these Regulations to the relevant date are references to the date referred to in paragraph (2) unless the relevant date has been redetermined in accordance with paragraph (3) in which case it is a reference to that date as redetermined.

Adjustments
33 1 Without prejudice to paragraph (10) but subject to paragraph (9) and regulation 36(1) and (2), where, after the funding authority have determined the amount of maintenance grant payable in respect of any school for the financial year in question, any of paragraphs (2) to (5) apply, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraphs (6) to (8).
2 This paragraph applies where it appears to the funding authority that the number of registered pupils at a school exceeds the number of pupils used for the purposes of determining the amount of its maintenance grant for the financial year in question, and that the relevant authority’s scheme makes provision in relation to such increases in pupil numbers at a school.
3 This paragraph applies where proposals published under section 96 or 97 of the 1993 Act to make a significant change in the character of the school fall to be implemented in the financial year in question.
4 This paragraph applies where it appears to the funding authority that the relevant authority in whose area the school is situated have increased the amount of their secondary schools budget (within the meaning of regulation 30(5)) for the financial year in question.
5 This paragraph applies where after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this Part it appears to the funding authority that, by reason of—
(a) any change in the characteristics of the school,
(b) any other change affecting the needs of the school, or
(c) the level of spending by the local education authority on any matter included in accordance with regulation 4(a) of the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 in Part 1 of the authority’s statement prepared under section 42(6) of the 1988 Act for the financial year beginning in 1994 exceeding the planned level of spending on that matter included in accordance with Schedule 1 to those Regulations in Part 1 of the authority’s statement prepared under section 42(3) of that Act for that year,
S.I. 1994/323.
the amount so payable should be revised.
6 In any case to which paragraph (3) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—
Z×A,365
where—
Z is the amount which equals the difference between the amount of the CFF share for the school as determined in accordance with regulation 30(2) (or, where that amount has been redetermined for the purposes of redetermining the amount of maintenance grant in accordance with regulation 35(1), that amount as so redetermined) and the amount determined in accordance with paragraph (7); and
A is the number of days in the financial year falling on or after the date on which the proposals referred to in paragraph (3) fall to be implemented.
7 For the purposes of paragraph (6) the funding authority shall—
(a) except where the school is situated in the area of a relevant authority referred to in sub-paragraph (b) below, redetermine the total number of funding units for the school in accordance with Schedule 4, substituting, where the proposals referred to in paragraph (3) fall to be implemented after 18th January 1996, for the estimated number of registered pupils at the school required to be determined in accordance with that Schedule the number which the funding authority estimate will be the number of registered pupils at the school on the date on which the proposals fall to be implemented;
(b) where the school is situated in the area of Essex County Council, Kent County Council, Lincolnshire County Council, Wiltshire County Council, the London Boroughs of Brent, Ealing, Lambeth, Sutton or the Royal Borough of Kingston upon Thames, redetermine the total number of funding units for the school in accordance with Schedule 4, substituting for the number of registered pupils at the school required to be determined in accordance with paragraph 3 of the relevant Parts of that Schedule the number of such pupils which the funding authority estimate will be the number of registered pupils at the school on the date on which the proposals fall to be implemented; and
(c) multiply the total number of funding units for the school redetermined in accordance with sub-paragraph (a) or (b) above (as the case may be) by the amount per pupil for the relevant authority in whose area the school is situated determined in relation to that authority in accordance with Schedule 4 (or, where that amount has been recalculated in accordance with regulation 30(3)(c), that amount as so recalculated) for the purposes of the initial determination of maintenance grant for the school for the financial year in question.
8 The funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question—
(a) in any case to which paragraph (2) applies, by adding such amount as appears to them would have been payable to the school under the relevant authority’s scheme, had the school been covered by the scheme, in relation to such increases;
(b) in any case to which paragraph (4) or (5) applies, in accordance with the provisions of this Part, and
if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.
9 Where, after redetermining the amount of maintenance grant payable in respect of a school for the financial year in question under any of paragraphs (6) to (8), the funding authority further so redetermine that amount, they shall reduce that amount (as so redetermined) by such amount (if any) as seems to them to be appropriate, having regard to any redetermination of the amount of maintenance grant payable in respect of the school for the financial year in question previously made by them under any of those paragraphs.
10 Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (11).
11 Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (10), they shall redetermine that amount by adding it to such amount as appears to them 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.
12 The funding authority shall adjust the amount of maintenance grant payable in respect of any schools for the financial year in question by such amount, if any, as appears to them to be fair and reasonable, having consulted the relevant authority, to take into account any transfer of an amount of funding in respect of a pupil pursuant to section 262 of the 1993 Act.
13 A determination which has been revised in accordance with this regulation or regulation 34 or 35(1) may be further revised in accordance with this regulation or those regulations and may be so further revised notwithstanding that the funding authority are satisfied that the revised determination was not made in accordance with these Regulations.
34 1 This regulation applies in the case of a school referred to in regulation 27(1)(b).
2 Subject to regulation 36(1) and (2), where it appears to the funding authority that the amount of maintenance grant determined in respect of a school to which this regulation applies for the financial year in question is insufficient because of the nature of such a school to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may after consultation with the local education authority and the governing body of the school redetermine the amount of maintenance grant payable in respect of the school for the year by adding to it such amount as appears to them to be fair and reasonable for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
3 Regulations 33(13) and 36(3) shall apply to revisions of maintenance grant under this regulation.
35 1 Subject to regulation 36(1) and (2), where, before 1st October in the financial year in question, the funding authority are satisfied that their determination of the amount of the CFF share for any school for that 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, they may redetermine that amount in accordance with the provisions of this Part and, if the amount so redetermined is different from the amount previously determined, revise their determination and adjust the contingency amount for the relevant authority in question accordingly.
2 Subject to regulation 36(1) and (2), where, in the case of any relevant authority, paragraph (3) applies, the funding authority shall, as soon as practicable after 1st October in the financial year in question, redetermine the amount of maintenance grant payable in respect of each school situated in the area of the authority by adding to it the amount determined in respect of the school in accordance with paragraph (5).
3 This paragraph applies where on 1st October in the financial year in question—
(a) it appears to the funding authority that the available amount in respect of the relevant authority is less than the contingency amount in respect of that authority; or
(b) the funding authority have not redetermined—
(i) the amount of maintenance grant payable in respect of any school situated in the area of the relevant authority for that year on the grounds referred to in paragraph (1); or
(ii) the amount of the CFF share for any secondary school maintained by that authority for that year (or the sum of that amount and any amounts to be added to it in accordance with the preceding provisions of these Regulations, as the case may be) on those grounds.
4 For the purposes of this regulation and Schedule 6—
the “available amount” means the amount which equals the difference between the contingency amount for that year and the aggregate of any amounts referred to in paragraph (3)(b) which have been redetermined on the grounds referred to in that paragraph; and
the “contingency amount” means the amount deducted from the secondary schools total for the authority for that year under regulation 30(1).
5 For the purposes of paragraph (2) the funding authority shall determine for each grant-maintained secondary school situated in the area of the relevant authority and each secondary school maintained by that authority the amount of the school’s share of, where paragraph (3)(a) applies, the available amount, or, where paragraph (3)(b) applies, the contingency amount obtained by dividing that amount between those schools in accordance with Schedule 6.
6 Regulations 33(13) and 36(3) shall apply to revisions of maintenance grant under this regulation as therein stated.
36 1 Where, after the funding authority have determined under this Part the amount of maintenance grant payable in respect of any school for the financial year in question, the school is transferred to a new site in the area of another relevant authority, regulations 33, 34 and 35 and paragraph (3) shall apply as if the school had not been so transferred.
2 Where, after the funding authority have determined under Part 2 the amount of maintenance grant payable in respect of any school for the financial year in question, the school is transferred to a new site in the area of a relevant authority, the provisions of that Part shall continue to apply for the purposes of redetermining the amount of maintenance grant payable in respect of the school for that year as if the school had not been so transferred.
3 Where in accordance with regulation 33, 34 or 35 the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question they shall give notice thereof to the governing body of the school and to the local education authority.

37 Application of relevant date provisions to a redetermination of the amount of maintenance grant
1 In its application for the purposes of any redetermination under regulation 33 or 35 of the amount of maintenance grant payable in respect of a school for the financial year in question, regulation 32 shall have effect subject to the following provisions of this regulation.
2 Where the redetermination of maintenance grant under regulation 33 is made on one or more of the grounds specified in paragraphs (2) to (5) of that regulation the funding authority may take into account for the purposes of the redetermination any information received by them after the relevant date which relates to any of the reasons for making the redetermination.
3 Where the redetermination of maintenance grant under regulation 35(1) is made on the grounds specified therein that the funding authority are satisfied that their determination was made in ignorance of, or was based on a mistake as to, some material fact, they may take into account any information received by them after the relevant date which relates to that fact.
4 Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the funding authority for the purposes of redetermining grant under regulation 33 or 35, they may take that information into account for the purposes of making any further redetermination under that regulation.
5 Regulation 32 shall not apply where a redetermination is made by the funding authority in accordance with regulation 33(10) and (11) or (12).

38 Requirements which may be attached to payment of maintenance grant
Regulation 26 applies for the purposes of this Part as it applies for the purposes of Part 2.