The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1995

Adjustments

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.