13.—(1) In determining budget shares for primary and secondary schools, except in respect of nursery classes, a local authority must ascertain and take into account in its formula the number of pupils who were at those schools in accordance with paragraph (2) on the date specified in paragraph (3).
(2) For the purposes of paragraph (1), the number of pupils is A – B where—
(a)A is the total number of pupils in the school; and
(b)B is the number of pupils in the school in respect of whom sixth form grant is payable.
(3) The date for ascertaining pupil numbers is 3rd October 2019.
(4) Where—
(a)there is or may be an increase to the published admission number at the school; or
(b)the school is subject to a prescribed alteration that may lead to an increase in the number of pupils at the school,
the authority may, instead of ascertaining pupil numbers on 3rd October 2019, include an estimate of pupil numbers.
(5) Where a primary school had more pupils in reception classes on 17th January 2019 than on 4th October 2018, the local authority may take the number of additional pupils into account in its formula, and where it does so this factor must be applied to all primary schools in the area.
(6) A local authority must include in its formula a single per pupil amount of at least—
(a)£2,000 for each of the pupils in reception classes and at key stages 1 and 2;
(b)£3,000 for each of the pupils at key stage 3; and
(c)£3,000 for each of the pupils at key stage 4.
(7) In this regulation, “published admission number” means the number of pupils in any relevant age group at the school determined by the admission authority under sections 88C and 88D of the 1998 Act(1).
Sections 88C and 88D of the 1998 Act were inserted by section 151(1) and (4) of the Education and Skills Act 2008. For the meaning of “admission authority”, see section 88(1) of the 1998 Act.