The Education (Grant-maintained Schools) (Finance) Regulations 1994

• (1) Subject to paragraph (2) below, the total amount which the Secretary of State may recover by virtue of section 93 of the 1993 Act from a local education authority named in a determination under that section applying that section in respect of any school in relation to the financial year in question is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).

• (2) The amount which would otherwise fall to be determined in accordance with paragraph (1) above as the total amount recoverable from a local education authority by virtue of section 93 of the 1993 Act in respect of any school for the financial year in question may be reduced by an amount not exceeding the amount outstanding in respect of any excess amount recovered from the authority under that section in respect of the school in relation to any previous financial year.

SCHEDULE 1 — DETERMINATION OF THE RELEVANT PERCENTAGE

1

This Schedule applies for the purposes of determining the relevant percentage under regulation 9(1), 15(4) or 25(7)(c).

2

For the purposes of regulation 9(1), the relevant percentage in respect of any school is whichever is the greater of the percentages determined for the school in accordance with paragraphs 5 and 6.

3

For the purposes of regulation 15(4), the relevant percentage in respect of any school is the percentage determined in accordance with paragraph 5.

4

For the purposes of regulation 25(7)(c), the relevant percentage is the percentage determined in accordance with paragraph 6.

5

For the purposes of this paragraph, the percentage is that specified—

• (a) where the school is a primary school, in the second column of the table, or

• (b) where the school is a secondary school, in the third column of the table,

opposite the reference in the first column of the table to the local education authority in whose area the school is situated.

Local Education Authority	Primary	Secondary
Avon County Council	14.0	9.7
London Borough of Barking and Dagenham	11.0	8.4
London Borough of Barnet	13.6	9.8
Barnsley Metropolitan Borough Council	15.2	9.8
Bedfordshire County Council	15.3	11.6
Berkshire County Council	10.6	7.2
London Borough of Bexley	11.9	8.0
Birmingham City Council	14.5	10.2
Bolton Metropolitan Borough Council	14.4	9.8
Bradford City Council	11.8	9.4
London Borough of Brent	9.4	6.7
London Borough of Bromley	13.6	9.5
Buckinghamshire County Council	16.1	11.3
Bury Metropolitan Borough Council	12.5	9.1
Calderdale Metropolitan Borough Council	12.0	8.4
London Borough of Camden	13.6	10.1
Cambridgeshire County Council	11.4	7.9
Cheshire County Council	12.3	8.4
Common Council of the City of London	17.2	N/A
Cleveland County Council	18.0	11.7
Cornwall County Council	10.6	7.4
Coventry City Council	15.5	10.3
London Borough of Croydon	10.4	8.3
Cumbria County Council	10.4	7.5
Derbyshire County Council	14.1	8.9
Devon County Council	10.9	7.5
Doncaster Metropolitan Borough Council	15.9	10.5
Dorset County Council	13.7	9.6
Dudley Metropolitan Borough Council	9.1	6.6
Durham County Council	13.5	9.4
London Borough of Ealing	9.2	6.9
East Sussex County Council	15.4	10.2
London Borough of Enfield	11.9	8.4
Essex County Council	13.3	8.7
Gateshead Metropolitan Borough Council	16.8	11.9
Gloucestershire County Council	13.7	10.8
London Borough of Greenwich	18.1	13.9
London Borough of Hackney	19.8	13.5
London Borough of Hammersmith and Fulham	22.1	16.5
Hampshire County Council	14.0	9.8
London Borough of Haringey	16.5	12.0
London Borough of Harrow	13.5	9.8
London Borough of Havering	12.5	8.0
Hereford and Worcester County Council	11.5	8.8
Hertfordshire County Council	7.8	5.3
London Borough of Hillingdon	13.4	9.9
London Borough of Hounslow	11.6	8.7
Humberside County Council	15.1	10.7
The Council of the Isles of Scilly	15.0	7.5
Isle of Wight County Council	17.2	13.0
London Borough of Islington	5.9	4.7
The Royal Borough of Kensington and Chelsea	18.8	13.1
Kent County Council	15.6	10.4
The Royal Borough of Kingston upon Thames	12.7	8.7
Kirklees Metropolitan Borough Council	14.9	10.2
Knowsley Metropolitan Borough Council	13.7	9.6
London Borough of Lambeth	16.4	11.1
Lancashire County Council	12.9	8.6
Leeds City Council	10.8	8.2
Leicestershire County Council	12.7	8.9
London Borough of Lewisham	15.3	11.2
Lincolnshire County Council	11.6	7.6
Liverpool City Council	17.1	10.3
Manchester City Council	11.3	7.1
London Borough of Merton	12.5	9.0
Newcastle upon Tyne City Council	14.1	9.5
London Borough of Newham	11.2	7.3
Norfolk County Council	13.6	9.2
North Tyneside Metropolitan Borough Council	12.4	8.9
Northamptonshire County Council	11.0	7.7
Northumberland County Council	10.2	7.8
North Yorkshire County Council	15.8	10.6
Nottinghamshire County Council	16.2	12.0
Oldham Metropolitan Borough Council	17.4	11.3
Oxfordshire County Council	10.8	8.1
London Borough of Redbridge	17.2	10.7
London Borough of Richmond upon Thames	15.1	11.9
Rochdale Metropolitan Borough Council	11.7	7.6
Rotherham Metropolitan Borough Council	15.9	11.3
St. Helens Metropolitan Borough Council	12.6	8.5
Salford City Council	10.9	7.3
Sandwell Metropolitan Borough Council	17.2	11.7
Sefton Metropolitan Borough Council	13.7	8.8
Sheffield City Council	11.3	8.1
Shropshire County Council	12.1	7.8
Solihull Metropolitan Borough Council	7.0	5.1
Somerset County Council	13.5	9.3
South Tyneside Metropolitan Borough Council	15.0	11.1
London Borough of Southwark	13.5	10.0
Staffordshire County Council	13.3	9.7
Stockport Metropolitan Borough Council	12.2	8.4
Suffolk County Council	11.9	8.7
Sunderland Metropolitan Borough Council	13.3	9.6
Surrey County Council	14.6	10.8
London Borough of Sutton	13.5	9.4
Tameside Metropolitan Borough Council	13.8	9.7
London Borough of Tower Hamlets	12.4	9.2
Trafford Metropolitan Borough Council	15.3	8.7
Wakefield Metropolitan District Council	16.1	9.9
Walsall Metropolitan Borough Council	13.5	9.6
London Borough of Waltham Forest	15.6	10.6
London Borough of Wandsworth	17.0	10.0
Warwickshire County Council	13.7	9.4
Westminster City Council	9.6	7.5
West Sussex County Council	14.0	9.9
Wigan Metropolitan Borough Council	17.6	11.7
Wiltshire County Council	13.8	8.8
Wirral Metropolitan Borough Council	11.6	8.0
Wolverhampton Metropolitan Borough Council	12.0	7.7

6

• (1) For the purposes of this paragraph, the funding authority shall determine the percentage which the amount determined in accordance with sub-paragraph (2) below is of the amount determined in accordance with sub-paragraph (4) below.

• (2) The funding authority shall determine an amount by the application of the following formula—

$$A×B,C$ where A is the amount of the local education authority’s general schools budget for the financial year in question which, in the opinion of the funding authority, would remain after deducting from it— their aggregated budget for the year; subject to sub-paragraph (3) below, the authority’s planned expenditure on those descriptions of expenditure listed in paragraph 2 of Schedule 2; the authority’s planned expenditure on the provision of school meals; and any amount appropriated for meeting expenditure in respect of contingencies: Provided that in determining the amounts under paragraphs (b) to (d) the funding authority shall exclude any such expenditure, or, in the case of expenditure in respect of contingencies, any amount appropriated by the authority for meeting such expenditure, falling within their aggregated budget; B is the number of registered pupils on a date determined by the funding authority at all primary schools or all secondary schools maintained or formerly maintained by the local education authority (according as to whether the school is a primary school or a secondary school) which are required to be covered by a statement for the financial year in question under section 42 of the Act; and C is the number of registered pupils on that date at all such schools whether primary or secondary.$

• (3) For the purposes of sub-paragraph (2)(b) above the reference in paragraph 2(d) of Schedule 2 to “the preceding financial year” shall be read as a reference to “the financial year in question”, and the reference to section 56 of the Education Act 1944 shall be read as including a reference to section 298 of the 1993 Act[^f00016] .

• (4) The funding authority shall determine an amount which appears to them to be equal to the amount of the local education authority’s aggregated budget which is available for allocation to all primary schools or all secondary schools maintained or formerly maintained by them which are required to be covered by the authority’s scheme for the financial year in question, according as to whether the school is a primary school or a secondary school.

SCHEDULE 2 — RELEVANT EXPENDITURE

1

Subject to paragraph 2, the following heads or items of expenditure are to be included for the purposes of determining in accordance with regulation 15(2) the amount of relevant expenditure incurred by the local education authority in the preceding financial year:

• (a) salaries of, and other costs attributable to, staff employed to work wholly or partly at the school other than staff employed in the provision of school meals;

• (b) expenditure on books, stationery and other educational equipment for use at the school;

• (c) expenditure on telephones and postage for the purposes of the school;

• (d) examination fees incurred in relation to registered pupils at the school;

• (e) expenditure relating to the school premises, including in particular—

• (i) heating and lighting;

• (ii) caretaking and cleaning; and

• (iii) rent, non-domestic rates, water rates and charges for the supply of water or the provision of sewerage services; and

• (f) any other expenditure treated by the authority as forming part of the direct costs of the school.

2

The heads or items of expenditure referred to in paragraph 1 are not to be included for the purposes of determining the amount of relevant expenditure to the extent that they fall within any of the following descriptions of expenditure, namely—

• (a) expenditure treated by the local education authority as expenditure of a capital nature;

• (b) expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any financial obligation in connection with, any loan raised to meet expenditure of a capital nature;

• (c) expenditure which is offset by income received as central government grant in support of specific expenditure;

• (d) expenditure required to meet the liabilities of the local education authority in respect of compensation for premature retirement of—

• (i) persons formerly employed by them to work at a school maintained by them; or

• (ii) persons formerly employed by the governing body of a school maintained by them,

where the decision to credit a person with a period of service for the purposes of payment of compensation for premature retirement was made before 1st April in the preceding financial year; and

• (e) expenditure on the following items and on any necessary administrative costs associated therewith—

• (i) transport of pupils between home and school;

• (ii) the provision of clothing for pupils;

• (iii) the granting of scholarships, exhibitions, bursaries or other allowances to pupils over compulsory school age, to enable pupils to take advantage of educational facilities without hardship to themselves or their parents;

• (iv) education welfare officers and educational psychologists where the expenditure is incurred in connection with the performance of a duty or the exercise of a power by the local education authority which is to be performed or exercised by them both in relation to pupils at schools maintained by them and in relation to pupils at grant-maintained schools; and

• (v) additional support provided to schools specifically for pupils with statements of special educational needs in accordance with those statements;

• (f) expenditure in respect of the provision of education in special schools;

• (g) expenditure in respect of the provision of education under section 56 of the Education Act 1944[^f00017] ;

• (h) expenditure offset by income received from Her Majesty’s Chief Inspector of Schools in England;

• (i) expenditure of the kind referred to in section 11 of the Local Government Act 1966 in respect of posts approved by the Secretary of State for the purpose of making grants in respect of such expenditure, not being expenditure expected to be offset by income received as central government grants.

SCHEDULE 3 — REQUIREMENTS WHICH MAY BE ATTACHED TO PAYMENT OF MAINTENANCE GRANTS AND SPECIAL PURPOSE GRANTS

1

A requirement that the governing body shall secure, so far as their powers extend, that the school is conducted in accordance with any requirements imposed by or under any enactment including, in particular, any imposed by or under the 1988 Act or the 1993 Act or the instrument or articles of government for the school.

2

Requirements with respect to the maintenance of proper accounts including, in particular, requirements as to—

• (a) the appointment by the governing body of a person who will be responsible to them for the administration of their financial affairs;

• (b) the accounting systems and methods to be adopted by the governing body and the form of their accounts and supporting records;

• (c) internal financial controls including, in particular, requirements as to the procedures to be adopted with respect to the receipt and disbursement of money by the governing body; and

• (d) the publication of the governing body’s accounts.

3

Requirements as to audit and inspection of the governing body’s accounts, including, in particular, requirements as to—

• (a) the procedure to be adopted in appointing and replacing auditors;

• (b) any qualifications the auditors are to possess;

• (c) the duration of auditors' appointments;

• (d) the frequency of audits;

• (e) the functions which are to be performed by the auditors in respect of the school;

• (f) the inspection of accounts and supporting records on request by any person authorised by the funding authority; and

• (g) examinations by persons authorised by the funding authority or the Comptroller and Auditor General into the economy, efficiency and effectiveness with which the governing body of the school have used their resources in discharging their functions.

4

Such further requirements relating to the conduct of the school’s financial affairs as the funding authority think fit.

SCHEDULE 4

PART I — CALDERDALE METROPOLITAN BOROUGH COUNCIL

1

In this Part—

• “the authority” means Calderdale Metropolitan Borough Council; and

• “school” means a grant-maintained secondary school situated in the area of the authority or a secondary school maintained by the authority.

2

The funding authority shall determine for each school the aggregate number referred to in paragraph 3(l) (referred to below in this Part of this Schedule as the “total number of funding units for the school”), as follows.

3

The funding authority shall determine in respect of each school—

• (a) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 who had not attained the age of 14 on 31st August 1993 multiplied by 5/12;

• (b) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 who will not have attained the age of 14 on 31st August 1994 multiplied by 7/12;

• (c) the aggregate of the numbers calculated in accordance with sub-paragraphs (a) and (b) above;

• (d) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 14 or 15 on 31st August 1993 multiplied by 5/12;

• (e) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 aged 14 or 15 on 31st August 1994 multiplied by 7/12;

• (f) the aggregate of the numbers calculated in accordance with sub-paragraphs (d) and (e) above multiplied by 1.22;

• (g) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 16 or over on 31st August 1993 multiplied by 5/12;

• (h) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 aged 16 or over on 31st August 1994 multiplied by 7/12;

• (i) the aggregate of the numbers calculated in accordance with sub-paragraphs (g) and (h) above multiplied by 1.25;

• (j) the number appearing to them to be the number of registered pupils at the school who on 20th January 1994 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980[^f00018] multiplied by 0.1091;

• (k) the number (expressed as a percentage) appearing to them to represent the share treated by the authority under its scheme (or, where the school is a grant-maintained school, the share which would have been so treated had the school been covered by the scheme) as the school’s share of funding allocated in accordance with the allocation formula under the authority’s scheme for pupils who have special educational needs multiplied by 4.8065; and

• (l) the aggregate of—

• (i) the numbers calculated in accordance with sub-paragraphs (c), (f) and (i) to (k) above;

• (ii) 54.5331; and

• (iii) where it appears to the funding authority that the school is treated by the authority in accordance with its scheme (or, in the case of a grant-maintained school, would have been so treated had the school been covered by the scheme) as having a split site, 21.8132.

4

In the case of the schools maintained by the authority known as Ovenden School and Holmfield High School (in respect of which proposals under section 12 of the Education Act 1980 to cease to maintain the school fall to be implemented on a date in the financial year in question) the funding authority shall determine the number calculated in accordance with the formula—

$$P×Q,365$ where P is the total number of funding units for the school; and Q is the number of days in that year which precede the date on which the authority are to cease to maintain the school.$

5

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 3(l) or, where paragraph 4 applies, that paragraph (referred to in paragraph 6 as the “total number of funding units for the authority”).

6

The funding authority shall determine the amount (referred to in paragraph 7 as the “amount per pupil”) obtained by dividing the adjusted secondary schools total for the authority by the total number of funding units for the authority.

7

The funding authority shall determine as the amount of each school’s CFF share the amount obtained by multiplying the amount per pupil by the total number of funding units for the school (or, where paragraph 4 applies, by the number determined in accordance with that paragraph).

PART II — ESSEX COUNTY COUNCIL

8

In this Part—

• “the authority” means Essex County Council; and

• “school” means a grant-maintained secondary school situated in the area of the authority or a secondary school maintained by the authority.

9

The funding authority shall determine for each school the aggregate number referred to in paragraph 10(i) (referred to in paragraph 14 as the “total number of funding units for the school”), as follows.

10

The funding authority shall determine in respect of each school—

• (a) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 who had not attained the age of 14 on 31st August 1993;

• (b) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 14 or 15 on 31st August 1993 multiplied by 1.22;

• (c) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 16 or over on 31st August 1993 multiplied by 1.57;

• (d) the number appearing to them to be the number of registered pupils at the school who on 20th January 1994 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by 0.1815;

• (e) the number appearing to them to be the number of registered pupils at the school on that date who were entitled to be provided with such meals multiplied by 0.0726;

• (f) the number (expressed as a percentage) appearing to them to represent the school’s share (or, where the school is a grant-maintained school, the share which would have been the school’s share had the school been covered by the scheme) of funding treated by the authority under its scheme as funding for pupils who have special educational needs and allocated in accordance with the allocation formula under the authority’s scheme multiplied by 7.5626;

• (g) where it appears to the funding authority that the school is treated by the authority in accordance with its scheme (or, in the case of a grant-maintained school, would have been so treated had the school been covered by the scheme) as in the London Weighting area, the number appearing to the funding authority to be the aggregate of the number referred to in sub-paragraph (a) above and the numbers calculated in accordance with sub-paragraphs (b) and (c) above multiplied by 0.0230;

• (h) in the case of The Alderman Blaxill School the number appearing to them to be the aggregate of the number referred to in sub-paragraph (a) above and the numbers which would be those calculated in accordance with sub-paragraphs (b) and (c) above if, in each case, the multiplier referred to in those sub-paragraphs were 1, multiplied by 0.0315; and

• (i) the aggregate of—

• (i) the numbers calculated in accordance with sub-paragraphs (a) to (h) above;

• (ii) 108.9008; and

• (iii) where it appears to the funding authority that the school is treated by the authority in accordance with its scheme (or, in the case of a grant-maintained school, would have been so treated had the school been covered by the scheme) as having a split site, 21.1752, 42.3504 or 84.7008 according to the weighting (as 1, 2 or 4 respectively) applicable to the school for this factor under the authority’s scheme.

11

In the case of the school maintained by the authority known as Elmbridge Secondary Boarding School (in respect of which proposals under section 12 of the Education Act 1980 to cease to maintain the school fall to be implemented on a date in the financial year in question) the funding authority shall determine the number calculated in accordance with the formula—

$$P×Q,365$ where P is the total number of funding units for the school; and Q is the number of days in that year which precede the date on which the authority are to cease to maintain the school.$

12

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 10(i) or, where paragraph 11 applies, that paragraph (referred to in paragraph 13 as the “total number of funding units for the authority”).

13

The funding authority shall determine the amount (referred to in paragraph 14 as the “amount per pupil”) obtained by dividing the adjusted secondaryschools total for the authority by the total number of funding units for the authority.

14

The funding authority shall determine as the amount of each school’s CFF share the amount obtained by multiplying the amount per pupil by the total number of funding units for the school (or, where paragraph 11 applies, by the number determined in accordance with that paragraph).

PART III — GLOUCESTERSHIRE COUNTY COUNCIL

15

In this Part—

• “the authority” means Gloucestershire County Council; and

• “school” means a grant-maintained secondary school situated in the area of the authority or a secondary school maintained by the authority.

16

The funding authority shall determine for each school the aggregate number referred to in paragraph 17(l) (referred to in paragraph 20 as the “total number of funding units for the school”), as follows.

17

The funding authority shall determine in respect of each school—

• (a) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 who had not attained the age of 14 on 31st August 1993 multiplied by 5/12;

• (b) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 who will not have attained the age of 14 on 31st August 1994 multiplied by 7/12;

• (c) the aggregate of the numbers calculated in accordance with sub-paragraphs (a) and (b) above;

• (d) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 14 or 15 on 31st August 1993 multiplied by 5/12;

• (e) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 aged 14 or 15 on 31st August 1994 multiplied by 7/12;

• (f) the aggregate of the numbers calculated in accordance with sub-paragraphs (d) and (e) above multiplied by 1.28;

• (g) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 16 or over on 31st August 1993 multiplied by 5/12;

• (h) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 aged 16 or over on 31st August 1994 multiplied by 7/12;

• (i) the aggregate of the numbers calculated in accordance with sub-paragraphs (g) and (h) above multiplied by 1.73;

• (j) the number appearing to them to be the number of registered pupils at the school who on 20th January 1994 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by 0.2139;

• (k) the number appearing to them to be the number treated by the authority under its scheme (or, where the school is a grant-maintained school, the number which would have been so treated had the school been covered by the scheme) for the purposes of determining the budget share of the school for the financial year beginning in 1994 as the number of registered pupils at the school having special educational needs multiplied by 0.1283; and

• (l) the aggregate of—

• (i) the numbers calculated in accordance with sub-paragraphs (c), (f) and (i) to (k) above; and

• (ii) 142.5842.

18

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 17(l) (referred to in paragraph 19 as the “total number of funding units for the authority”).

19

The funding authority shall determine the amount (referred to in paragraph 20 as the “amount per pupil”) obtained by dividing the adjusted secondary schools total for the authority by the total number of funding units for the authority.

20

The funding authority shall determine as the amount of each school’s CFF share the amount obtained by multiplying the amount per pupil by the total number of funding units for the school.

PART IV — LONDON BOROUGH OF BROMLEY

21

In this Part—

• “the authority” means the London Borough of Bromley; and

• “school” means a grant-maintained secondary school situated in the area of the authority or a secondary school maintained by the authority.

22

The funding authority shall determine for each school the aggregate number referred to in paragraph 23(m) (referred to in paragraph 26 as the “total number of funding units for the school”), as follows.

23

The funding authority shall determine in respect of each school—

• (a) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 who had not attained the age of 14 on 31st August 1993 multiplied by 5/12;

• (b) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 who will not have attained the age of 14 on 31st August 1994 multiplied by 7/12;

• (c) the aggregate of the numbers calculated in accordance with sub-paragraphs (a) and (b) above;

• (d) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 14 or 15 on 31st August 1993 multiplied by 5/12;

• (e) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 aged 14 or 15 on 31st August 1994 multiplied by 7/12;

• (f) the aggregate of the numbers calculated in accordance with sub-paragraphs (d) and (e) above multiplied by 1.22;

• (g) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 16 or over on 31st August 1993 multiplied by 5/12;

• (h) the number which the funding authority estimate will be the number of registered pupils at the school on 19th January 1995 aged 16 or over on 31st August 1994 multiplied by 7/12;

• (i) the aggregate of the numbers calculated in accordance with sub-paragraphs (g) and (h) above multiplied by 1.94;

• (j) the number appearing to them to be the number of registered pupils at the school who on 20th January 1994 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by 0.1709;

• (k) the number appearing to them to be the number of registered pupils at the school who on that date were entitled to be provided with free school meals under that section of the Education Act 1980 multiplied by 0.3126;

• (l) the number appearing to them to be the number (expressed in thousands of square feet) which reflects the floor area of the school buildings multiplied by 0.5657; and

• (m) the aggregate of—

• (i) the numbers calculated in accordance with sub-paragraphs (c), (f) and (i) to (l) above; and

• (ii) 74.4329.

24

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 23(m) (referred to in paragraph 25 as the “total number of funding units for the authority”).

25

The funding authority shall determine the amount (referred to in paragraph 26 as the “amount per pupil”) obtained by dividing the adjusted secondary schools total for the authority by the total number of funding units for the authority.

26

The funding authority shall determine as the amount of each school’s CFF share the amount obtained by multiplying the amount per pupil by the total number of funding units for the school.

PART V — LONDON BOROUGH OF HILLINGDON

27

In this Part—

• “the authority” means the London Borough of Hillingdon; and

• “school” means a grant-maintained secondary school situated in the area of the authority or a secondary school maintained by the authority.

28

The funding authority shall determine for each school the aggregate number referred to in paragraph 29(m) (referred to in paragraph 32 as the “total number of funding units for the school”), as follows.

29

The funding authority shall determine in respect of each school—

• (a) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 who had not attained the age of 14 on 31st August 1993 multiplied by 5/12;

• (b) the number which the funding authority estimate will be the number of registered pupils at the school on 15th September 1994 who will not have attained the age of 14 on 31st August 1994 multiplied by 7/12;

• (c) the aggregate of the numbers calculated in accordance with sub-paragraphs (a) and (b) above;

• (d) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 14 or 15 on 31st August 1993 multiplied by 5/12;

• (e) the number which the funding authority estimate will be the number of registered pupils at the school on 15th September 1994 aged 14 or 15 on 31st August 1994 multiplied by 7/12;

• (f) the aggregate of the numbers calculated in accordance with sub-paragraphs (d) and (e) above multiplied by 1.05;

• (g) the number appearing to them to be the number of registered pupils at the school on 20th January 1994 aged 16 or over on 31st August 1993 multiplied by 5/12;

• (h) the number which the funding authority estimate will be the number of registered pupils at the school on 15th September 1994 aged 16 or over on 31st August 1994 multiplied by 7/12;

• (i) the aggregate of the numbers calculated in accordance with sub-paragraphs (g) and (h) above multiplied by 1.42;

• (j) the number appearing to them to be the number of registered pupils at the school who on 20th January 1994 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by 0.1157;

• (k) the number appearing to them to be the number treated by the authority under its scheme (or, where the school is a grant-maintained school, the number which would have been so treated had the school been covered by the scheme) as the number of points allocated to the school in accordance with the allocation formula under the authority’s scheme for pupils having special educational needs multiplied by 0.0220;

• (l) where in the case of any school it appears to the funding authority that the school’s budget share for the financial year in question determined in accordance with the authority’s scheme includes (or, in the the case of a grant-maintained school, the amount which would have been that school’s budget share so determined had the school been covered by the scheme would have included) an amount by reason of the small number of registered pupils at the school, the number appearing to them to be the number applicable (or, in the case of a grant-maintained school, which would have been applicable) to the school in accordance with the authority’s scheme in respect of that matter multiplied by 0.0937; and

• (m) the aggregate of—

• (i) the numbers calculated in accordance with sub-paragraphs (c), (f) and (i) to (l) above;

• (ii) 55.1119;

• (iii) in the case of Bishop Ramsey School 66.1342; and

• (iv) in the case of The Douay Martyrs School 33.0671.

30

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 29(m) (referred to in paragraph 31 as the “total number of funding units for the authority”).

31

The funding authority shall determine the amount (referred to in paragraph 32 as the “amount per pupil”) obtained by dividing the adjusted secondary schools total for the authority by the total number of funding units for the authority.

32

The funding authority shall determine as the amount of each school’s CFF share the amount obtained by multiplying the amount per pupil by the total number of funding units for the school.

SCHEDULE 5 — PUPIL ADJUSTMENT AMOUNT

1

In this Schedule—

• “trigger number” in relation to the school means the number appearing to the funding authority to be the number determined in accordance with the formula— $K×L,$ where K is the number, expressed as a percentage of the second total number mentioned below, by which the total number of registered pupils at all secondary schools, being schools which are maintained by the relevant authority or are grant-maintained schools situated in the area of the authority, on 20th January 1994 is greater or smaller (as the case may be) than the total number of such pupils required to be used in accordance with the authority’s scheme for the purpose of initially determining, in the case of secondary schools covered by the scheme, their budget shares for the financial year beginning in 1993 and, in the case of grant-maintained secondary schools situated in the area of the authority, amounts in respect of those schools for that year determined under regulation 5 of the 1993 Regulations; and L is the number of registered pupils at the school required to be so used; and

• “pupil adjustment amount” means the amount determined in accordance with the formula— $M×N,$ where M is the amount of funding attributable in accordance with the allocation formula in the authority’s scheme, as it applied in that financial year, to each registered pupil aged 14 or 15; and N is the number by which the number of registered pupils at the school on 20th January 1994 differs from the trigger number.

2

Where the number of registered pupils at the school on 20th January 1994 is greater than the trigger number there shall be added to the amount of maintenance grant referred to in regulation 25(4)(a) or the amount of the school’s budget share referred to in regulation 25(5)(a) (as the case may be) the pupil adjustment amount, and where that number is smaller than the trigger number the pupil adjustment amount shall be deducted from that amount.

SCHEDULE 6 — RELEVANT PERCENTAGE FOR THE PURPOSES OF REGULATION 25(5)(c)

The relevant percentage to be applied for the purposes of regulation 25(5)(c) is—

Calderdale Metropolitan Borough Council	8.4%
Essex County Council	8.7%
Gloucestershire County Council	14.9%
The London Borough of Bromley	9.5%
The London Borough of Hillingdon	9.9%.

SCHEDULE 7 — SCHOOLS' SHARES OF AVAILABLE OR CONTINGENCY AMOUNT

1

In this Schedule “school” means a grant-maintained secondary school situated in the area of the relevant authority concerned or a secondary school maintained by that authority.

2

The funding authority shall determine in respect of each school—

• (a) where the relevant authority is Calderdale Metropolitan Borough Council, Gloucestershire County Council or the London Borough of Bromley, the number appearing to them to be the aggregate of the number of registered pupils at the school on 20th January 1994 multiplied by 5/12 and the number which the funding authority estimate will be the number of such pupils on 19th January 1995 multiplied by 7/12;

• (b) where the relevant authority is Essex County Council, the number appearing to them to be the number of registered pupils at the school on 20th January 1994; and

• (c) where the relevant authority is the London Borough of Hillingdon, the number appearing to them to be the aggregate of the number of registered pupils at the school on 20th January 1994 multiplied by 5/12 and the number which the funding authority estimate will be the number of such pupils on 15th September 1994 multiplied by 7/12.

3

The funding authority shall determine in respect of the relevant authority concerned the number which is the aggregate of the numbers determined in accordance with paragraph 2 for each school.

4

The funding authority shall determine the amount obtained by dividing the available amount or the contingency amount (whichever is applicable in accordance with regulation 27(5)) by the number determined under paragraph 3.

5

The funding authority shall determine as the amount to be added to the amount of the maintenance grant for each grant-maintained secondary school in the area of the relevant authority the amount obtained by multiplying the amount determined under paragraph 4 by the number of registered pupils at the school determined in accordance with paragraph 2.

SCHEDULE 8 — EXPENDITURE OF A CAPITAL NATURE

1

Expenditure of a capital nature is expenditure on, or in connection with—

• (a) the acquisition, reclamation, improvement or laying out of any land;

• (b) the acquisition, construction, enlargement, improvement, repair or demolition of any building, wall, fence or other structure, or any playground or other hard-standing;

• (c) the laying out of playing fields and other facilities for social activities and physical recreation; or

• (d) the provision of any furniture, plant, machinery, apparatus, vehicles, vessels and equipment;

used or intended to be used for the purposes of a school.

2

In paragraph 1 above “building” includes any fixtures and fittings affixed to a building.

SCHEDULE 9 — EXPENDITURE IN RESPECT OF WHICH SPECIAL PURPOSE GRANTS MAY BE PAID

1

In this Schedule—

• “eligible training” means— the training or further training as teachers of persons other than qualified teachers who are employed by the governing body of a school; and the further training of any qualified teacher who is employed by the governing body of a school; and

• “trainee” means a person undergoing eligible training in respect of whom special purpose grant is being paid under these Regulations.

2

The expenditure in respect of which special purpose grants may be paid is—

• (a) expenditure for or in connection with any of the purposes relevant to schools for which grants for education support and training are for the time being payable to local education authorities by virtue of regulations made under section 1 of the Education (Grants and Awards) Act 1984[^f00019];

• (b) expenditure for or in connection with the training of any teacher or other member of the staff of a school including, in particular, expenditure on—

• (i) tuition fees, examination fees and residential and other charges payable in respect of eligible training;

• (ii) travelling, subsistence and other incidental expenses of a trainee;

• (iii) that part of the remuneration of persons whose employment is necessary to free the trainees for training which relates to the period during which their employment is so necessary; and

• (iv) the cost of providing (including the provision of premises), planning, co-ordinating, monitoring and evaluating eligible training:

provided that where such costs are incurred for such purposes and for other purposes special purpose grant shall be payable only in respect of such proportion of those costs as is attributable to the provision, planning, co-ordinating, monitoring or evaluation of eligible training;

• (c) expenditure in respect of expenses which it appears to the funding authority the governing bodies of schools cannot reasonably be expected to meet from maintenance grant being expenses incurred or to be incurred for or in connection with—

• (i) any structural survey which the funding authority has required to be carried out in respect of any building used for the purposes of the school;

• (ii) the dismissal (whether by reason of redundancy or otherwise) or for the purpose of securing the resignation of any person who is or was a member of the staff of the school, and the premature retirement of such a person;

• (iii) any costs incurred by the school in respect of Value Added Tax;

• (iv) insurance of the school premises;

• (v) meeting any urgent need of the school which in the opinion of the funding authority was occasioned by circumstances outside the control of the governing body;

• (vi) the acquisition by the school of grant-maintained status, and the transfer to the governing body of the responsibility for the conduct of the school, where those expenses are incurred within 12 months of the date of implementation of the proposals in respect of the school; and

• (vii) the implementation of that part of the curriculum for the school falling outside the curriculum referred to in section 2(1) of the 1988 Act; and

• (d) expenditure of a class or description relevant to schools and for or in connection with the purpose for which grants are for the time being payable by virtue of regulations made under section 210 of the 1988 Act[^f00020].

Signed

John Patten — Secretary of State for Education — 27th March 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations, which are made under sections 81 to 84 and 94 of the Education Act 1993, replace with modifications the Education (Grant-Maintained Schools) (Finance) Regulations 1993, which are revoked. The Regulations apply to schools situated in England which have acquired grant-maintained status and in relation to the 1994-95 financial year. The main changes to the provision made by the 1993 Regulations are set out below.

Consequent on sections 81 to 84 of the 1993 Act, the Regulations confer on the Funding Agency for Schools (to be established on 1st April 1994 under section 3 of the 1993 Act) the functions conferred under the 1993 Regulations on the Secretary of State regarding the determination and redetermination of amounts of maintenance grant payable to schools, the payment of capital and special purpose grants to schools and the imposition of requirements to be observed by governing bodies in receipt of grant.

Part 2 of the Regulations provides for the determination and redetermination of the amount of maintenance grant to be paid to the governing bodies of primary schools, secondary schools situated outside the areas of Calderdale Metropolitan Borough Council, Essex County Council, Gloucestershire County Council and the London Boroughs of Bromley and Hillingdon, and secondary schools situated in those areas which acquire grant-maintained status after 1st April 1994 on a similar basis to that provided for under Part 2 of the 1993 Regulations, save that—

• (1) the percentages specified in Schedule 1 are revised;

• (2) the amount to be included in maintenance grant in place of the amount calculated by reference to the relevant percentage in Schedule 1, where that is less than the corresponding amount included in the maintenance grant for the school for the preceding year, is reduced to nine-tenths of that corresponding amount (regulation 10(2));

• (3) where a school acquires grant-maintained status after 1st April 1994, the amount the relevant percentage (under Schedule 1) of which is to be included in its maintenance grant is the proportion of the amount of its budget share for the year (determined under the local education authorities' scheme of local management of schools) corresponding to the proportion of the financial year for which the school is a grant-maintained school (regulation 11);

• (4) in addition to the amounts to be included in maintenance grant for school meals, contingencies and nursery education, there is to be included an amount in respect of expenditure on employment of staff to make special provision for pupils belonging to ethnic minorities (regulation 12(7));

• (5) where a grant is determined by reference to amounts of expenditure incurred by the local education authority in respect of the school in the preceding financial year, the items of expenditure to be left out of account in accordance with Schedule 2 are extended so as to exclude expenditure on insurance, repairs and maintenance, the provision of education in special schools, the provision of education otherwise than at school, the provision of school inspection services paid for by OFSTED and expenditure on employment of staff to make special provision for pupils belong to ethnic minorities;

• (6) the grounds on which amounts of maintenance grant may be redetermined are extended to include circumstances in which the level of expenditure by the local education authority (as shown in its financial statement under section 42(6) of the Education Reform Act 1988) on matters not delegated to schools covered by its scheme of local management in the 1993-94 financial year exceeds the planned level of such expenditure (as shown in the authority’s statement under section 42(3) of that Act for that year) (regulation 19(1)(a)(iv)); and

• (7) where a school is transferred to a new site in the area of another local education authority, any redetermination of maintenance grant for the school is to be made in accordance with the provisions of the Regulations under which grant was initially determined for the year (regulation 19(9) and (10)).

Part 3 of the Regulations makes provision with respect to the determination and redetermination of the amount of maintenance grant payable in respect of a secondary school situated in the area of any of the five local education authorities named above which became a grant-maintained school on or before 1st April 1994. Under this Part the amount of maintenance grant is to be determined in accordance with the following methodology:

• (1) the Secretary of State is to determine the total amount to be spent on all grant-maintained secondary schools in the area of the local education authority concerned and all secondary schools maintained by them (regulation 23);

• (2) the funding authority are to deduct from that total an amount approximating to 0.2% of that total to provide a contingency amount for the correction of any errors in the calculations required to be made by them (regulation 25(1));

• (3) the funding authority are to determine each school’s share (its “CFF share”) of the remaining amount in accordance with the methodology laid down in Schedule 4, adjusting that amount, where necessary, to ensure that it is not less than the amount of the school’s maintenance grant (or, if the school is maintained by the local education authority, its budget share) for the 1993-94 financial year (this amount constitutes the initial element of the maintenance grant for a grant-maintained school) (regulations 24 and 25(2) to (5) and Schedules 5 and 6);

• (4) where the planned level of expenditure by the local education authority on secondary schools in its area for the 1994-95 financial year exceeds the amount determined in respect of that authority by the Secretary of State under regulation 23, the amount of maintenance grant for grant-maintained schools in the area is increased proportionally (regulation 25(6) and (7));

• (5) where, if the maintenance grant for a school had fallen to be determined under Part 2 of the Regulations, an amount would have been included in the school’s maintenance grant in accordance with regulation 10(2), the excess of that amount over the difference between the school’s CFF share and the amount of the maintenance grant determined for the school for the financial year 1993-94 is added (regulation 25(8) and (9)); and

• (6) where, if the school’s maintenance grant had fallen to be determined under Part 2 an amount would have been included in respect of expenditure on employment of staff to make special provision for pupils belonging to ethnic minorities, that amount is added (regulation 25(10)).

Further provision is made in respect of particular schools in the areas of Essex County Council and Calderdale Metropolitan Borough Council (regulation 25(11) and (13)).

Part 3 of the Regulations also makes provision for the redetermination of maintenance grant where during the financial year a significant increase in the number of registered pupils at a school occurs, a school undergoes a significant change of character or the local education authority increase their level of spending on secondary schools maintained by them (regulation 26). Provision is also made for the redetermination of maintenance grant before 1st October 1994 to correct errors and, after that date, the funding authority are required to redistribute any unused portion of the amount for correcting errors deducted from the total secondary schools amount for the area determined by the Secretary of State (regulation 27 and Schedule 7).

Part 4 of the Regulations provides for the payment of capital and special purpose grants to grant-maintained schools on a similar basis to that provided for under Part 3 of the 1993 Regulations, save that special purpose grants may also be paid to meet expenditure which it appears to the funding authority the governing bodies of schools cannot reasonably be expected to meet from maintenance grant incurred for or in connection with the implementation of the curriculum of the school falling outside religious education and the national curriculum Schedule 9, paragraph 2(c)(vii)).

The requirements which may be imposed where payments of special purpose grants are made are extended to include requirements as to the payment to the funding authority of the amount of grant, or that part of the value of premises or equipment purchased or improved with grant which is properly attributable to the grant, if conditions specified by the funding authority are satisfied (regulation 32(4)).

Consequent on section 93 of the 1993 Act, Part 5 of the Regulations prescribes the total amount of maintenance grant which may be recovered by the Secretary of State from the local education authority named in a determination under that section.

Footnotes

[^f00001]: 1993 c. 35. For the meaning of “regulations” see section 305(1).

[^f00002]: 1988 c. 40.

[^f00003]: 1981 c. 60.

[^f00004]: S.I. 1993/568, amended by S.I. 1993/843.

[^f00005]: Section 51(2)(a) is amended by section 274(4) of the Education Act 1993.

[^f00006]: S.I. 1989/1287.

[^f00007]: S.I. 1990/549, amended by S.I. 1990/2279 and S.I. 1991/353.

[^f00008]: S.I. 1991/353.

[^f00009]: S.I. 1992/555, amended by S.I. 1992/1095.

[^f00010]: A new section 35 is substituted by section 274(2) of the Education Act 1993.

[^f00011]: Section 36 is amended by section 12(6) of the Further and Higher Education Act 1992 (c. 13) and section 307 of, and paragraph 125 of Schedule 19 to, the Education Act 1993.

[^f00012]: Section 42 is amended by sections 275(1) and 307(3) of, and Schedule 21 to, the Education Act 1993.

[^f00013]: 1966 c. 42 as substituted by section 1(1) of the Local Government (Amendment) Act 1993 (c. 27). Section 11 is extended by section 211 of the Education Reform Act 1988 to which there are amendments not relevant to these Regulations.

[^f00014]: S.I. 1993/113.

[^f00015]: 1980 c. 20. Section 12 is amended by section 31(4) of the Education Reform Act 1988 and sections 229 and 307(3) of, and Schedule 21 to, the Education Act 1993.

[^f00016]: Section 298 is not in force at the date of these Regulations.

[^f00017]: 1944 (c. 31); section 56 was amended by section 11(1) of, and Part I of Schedule 1 to, the Education (Miscellaneous Provisions) Act 1948 (c. 40) and by section 93 of, and paragraph 6 of Schedule 8 to, the Further and Higher Education Act 1992 (c. 13).

[^f00018]: Section 22 was amended by section 77 of the Social Security Act 1986 (c. 50), section 237(1) of, and paragraph 24 of Schedule 12 to, the Education Reform Act 1988, section 93(1) of, and paragraph 17 of Schedule 8 to, the Further and Higher Education Act 1992 and section 307(1) of, and paragraph 79 of Schedule 19 to, the Education Act 1993.

[^f00019]: 1984 c. 11. Section 1 is amended by section 278 of the Education Act 1993. The current Regulations are the Education (Grants for Education Support and Training) Regulations 1994 (S.I. 1994/612).

[^f00020]: The current Regulations are the Education (Grants) (Travellers and Displaced Persons) Regulations 1993 (S.I. 1993/569).