The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1997

Determination of amount of maintenance grant

4.—(1) Subject to paragraphs (2) to (5) and regulations 14 and 18, the amount of maintenance grant payable in respect of a school for the financial year in question shall be the sum of the following amounts—

(a) an amount determined in accordance with (as the case may be) regulation 5, 6 or 7;

(b) an amount determined in accordance with regulation 8 or that regulation as it has effect in accordance with regulation 9;

(c) an amount determined in accordance with regulation 10(1); and

(d) where an amount is required to be determined in accordance with regulation 11(3), the amount so determined.

(2) Any amounts which are determined by the Secretary of State in respect of a school for the financial year in question under regulations 11(5), 12(3) and 13(2) shall be added together and the total deducted from the sum of the amounts referred to in paragraph (1) in determining the amount of maintenance grant payable in respect of the school for that financial year under this regulation.

(3) Where in the opinion of the Secretary of State precise calculation for the purpose of determining any of the amounts referred to in paragraph (1) or (2)—

(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,

those paragraphs shall have effect as if they required the Secretary of State to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to him to be fair and reasonable having regard in particular to the relevant authority’s scheme.

(4) Where, in the case of a school which provides for pupils within an age range which spans from between 3 and 7 years of age (inclusive) to between 16 and 18 years of age (inclusive), it appears to the Secretary of State that the amount of maintenance grant such a school would receive under these Regulations (other than this paragraph) in respect of the financial year in question would be insufficient because of the nature of such a school to enable the governing body adequately to carry out their functions with respect to the conduct of the school, he may, after consultation with the relevant authority and the governing body of the school, determine as the amount of maintenance grant payable for the financial year in question such amount as appears to him to be fair and reasonable having regard to the provisions of these Regulations (other than this paragraph) and to the relevant authority’s scheme.

(5) In particular, the Secretary of State may, for the purposes of any calculation made for the purposes of a determination under paragraph (4), treat the school as a primary school or as a secondary school or as separate primary and secondary schools.

(6) In these Regulations references to the financial year in question are references to the financial year in respect of which the determination of maintenance grant is made.