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

Sums to be added to the CFF share

44.—(1) 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 10 (cash protection) 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 10 in respect of the school (referred to in paragraph (2) below as “the protected amount”).

(2) In any case to which paragraph (1) applies the funding authority shall add to the amount of the school’s CFF share the amount by which the protected amount exceeds the difference between the amount of that share and the CFF floor.

(3) 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 9 (Section 11 funding) if that grant had fallen to be determined under Part 2, they shall determine that amount and add it to the amount of the school’s CFF share.

(4) 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 the amount determined under regulation 6, if that grant had fallen to be determined under Part 2, would have included an amount representing a comparable maintained school’s share of funding treated by the authority under their scheme as funding for—

(a) pupils with statements of special educational needs allocated in accordance with the allocation formula under the authority’s scheme;

(b) 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 5(7) of Schedule 5; or

(c) places in schools, other than special schools, for pupils with special educational needs,

they shall determine that latter amount and add it to the amount of the school’s CFF share.

(5) The funding authority shall add to the amount of the CFF share of any school whose maintenance grant for the financial year in question falls to be determined under this Part and 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 116(2) or (3) of the 1996 Act, or, if made available, had not been spent by the governing body in exercise of their powers under section 116(5) of that Act.