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15.—(1) A secondary school’s budget share for the financial year beginning on 1st April 2003 shall include an amount (“the Amount”) equal to any sum notified to the local education authority by the LSC as being the allocation (“the Allocation”) in respect of that school’s sixth form contained within grant payable to the local education authority under section 7 of the 2000 Act. The Amount shall include, on a net basis:
(a)any portion of the Allocation for the academic year beginning on 1st August 2003 which is in respect of a period falling within the financial year beginning on 1st April 2003;
(b)any amount specifically allocated in respect of an increase in amounts payable under the Teachers' Pensions Regulations 1997(1) for the financial year beginning on 1st April 2003;
(c)any portion of the Allocation for the academic year beginning on 1st August 2002 which is in respect of a period falling within the financial year beginning on 1st April 2003, including any adjustment not already made to that sum in accordance with the Financing of Maintained Schools (England) (Amendment No.3) Regulations 2002(2);
(d)any other adjustment to that part of the Allocation for the academic year beginning on 1st August 2002 which was in respect of a period falling within the financial year beginning on 1st April 2002, where the authority was notified of such adjustment by the LSC after 28 February 2003.
(2) A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.
(3) A local education authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school (using factors other than those authorised by regulation 8) under the formula used by the authority to determine that school’s budget share by a sum representing that element which is duplicated in the Allocation under paragraph (1).
(4) In determining budget shares for schools with sixth forms, a local education authority may reduce the Amount referred to in paragraph (1) by an amount not exceeding one-third of the difference between that amount and the Real Terms Guarantee amount for the school as notified by the LSC, where the latter amount is lower than the former amount.
(5) For the purposes of paragraph (4), the Amount referred to in paragraph (1) does not include any sum representing an amount specifically allocated by the LSC in connection with any increase in amounts paid under the Teachers' Pensions Regulations 1997 in relation to employer contributions to teacher pension costs.
(6) In this regulation, “academic year” means any period of twelve months beginning on 1 August.
(7) In this regulation, “Real Terms Guarantee amount” means the amount notified to the local education authority by the LSC as being the finalised real terms guarantee level for the financial year beginning on 1st April 2003 for the school concerned , incorporating any adjustments to that portion of the real terms guarantee level relating to that part of the academic year beginning on 1st August 2002 which falls within the financial year beginning on 1st April 2003.
S.I. 2002/2868.
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