20.—(1) In the case of—
(a)a proposed school as referred to in regulation 1(3)(t);
(b)a school, proposals for the establishment of which have not been fully implemented;
(c)a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act;
(d)a school which is the subject of a prescribed alteration within the meaning of the 1998 Act; or
(e)a maintained nursery school which is to be discontinued on or before 31st August 2004,
the local education authority shall include factors or criteria in their formula which enable them to determine the school’s budget share so as to take into account the particular needs of the school or proposed school.
(2) In the case of a school falling within sub-paragraph (1)(a) the local education authority may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.
(3) In the case of schools falling within sub-paragraphs (1)(c) or (1)(d) such factors or criteria may only be used within seven years of the date of implementation of the relevant change to the school.
(4) In the case of a school falling within sub-paragraph (1)(e) the local education authority may determine the amount of the budget share as zero.
(5) For the purposes of these regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached–
(a)that number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
(b)if no such number was indicated, such number as the authority may determine.