In determining budget shares for schools, a local education authority may take into account in their formula the limitation on infant class sizes under regulations made pursuant to section 1 of the 1998 Act17 in accordance with paragraphs (2) to (4).

Where, as a result of the regulations referred to in paragraph (1) there are fewer than thirty children in any infant class at any school, a local education authority, in making provision under paragraph (1), may include in that school’s budget share an amount of money in respect of each place in any infant class which is not funded as a result of other provisions in these Regulations, provided that this amount of money shall be the same in respect of each such place at any one school.

In determining the budget share of any school, a local education authority may include an amount of money in respect of any infant class at that school.

For the purposes of this regulation, the number of classes required at any school to fulfil the requirements imposed by the regulations referred to in paragraph (1) shall be determined by the local education authority.