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

Error contingency amount for primary schools

53.—(1) Subject to regulation 54 (transfer of site), where the funding authority are satisfied that their determination of the amount of the CFF share for any primary 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, before 1st October in the financial year in question, 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 for that school and, if appropriate, for all schools in the area of that primary relevant authority and adjust the contingency amount for that primary relevant authority accordingly.

(2) Subject to regulation 54 (transfer of site), where, in the case of any primary 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 primary 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 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 primary school situated in the area of the relevant authority for that year on the grounds referred to in paragraph (1) (redetermination because of mistake); or

(ii) the amount of the CFF share for any primary 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 7—

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 (“the error contingency”) deducted from the primary schools total for the authority for that year under regulation 42(2), including any amount added to that error contingency under regulation 43(1)(d).

(5) For the purposes of paragraph (2) the funding authority shall determine for each grant-maintained primary school situated in the area of the relevant authority and each primary 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 7.

(6) Where the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this regulation they shall give notice thereof to the governing body of the school and to the local education authority.