The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Amendment) Regulations 1995

Made: 15th June 1995

Laid before Parliament: 19th June 1995

Coming into force: 14th July 1995

In exercise of the powers conferred by sections 81(2) and 301(6) of the Education Act 1993[^f00001] the Secretary of State hereby makes the following Regulations:

1

These Regulations may be cited as the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Amendment) Regulations 1995 and shall come into force on 14th July 1995.

2

The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1995[^f00002] shall be amended as follows—

• (a) at the end of sub-paragraph (a) in regulation 11(2) (cash protection) there shall be added—

• under the aforementioned regulations of the 1993 Regulations or an amount equal to 88.9% of the amount which was determined in respect of the school for the financial year beginning on 1st April 1994 under the aforementioned regulations of the 1994 Regulations, whichever is the greater

• (b) in paragraph 4 of Part V of Schedule 4 (division of the adjusted secondary schools total for the London Borough of Hillingdon) for “1995” there shall be substituted “1994”; and

• (c) for Schedule 5 there shall be substituted the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Robin Squire — Parliamentary Under-Secretary of State, — Department for Education — 15th June 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations correct errors in the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1995.

Regulation 11(2)(a) of those Regulations, which prevents the amount determined in respect of certain schools under regulation 10, or under regulation 10 and regulation 13(8) or (9), from falling below an amount determined in accordance with that provision, is amended so as to provide for the determination of an alternative greater amount. The effect of regulation 11(2)(a) as amended is as follows. Where that regulation applies the amount to be included in the school’s maintenance grant in place of the amount calculated under regulation 10, or under that regulation and regulation 13(8) or (9), is either an amount equal to 80.01% of the grant which was determined in respect of the school for the financial year beginning on 1st April 1993 under the relevant provisions of the Education (Grant-maintained Schools) (Finance) Regulations 1993 or (as a result of these amending Regulations), if greater, an amount equal to 88.9% of the amount which was determined in respect of the school for the financial year beginning on 1st April 1994 under the relevant provisions of the Education (Grant-maintained Schools) (Finance) Regulations 1994.

In paragraph 4 of Part V of Schedule 4 to those Regulations (division of the adjusted secondary schools total for the London Borough of Hillingdon), the number of registered pupils in question should be the number on 15th September 1994 and not that on 15th September 1995.

Schedule 5 to those Regulations omitted entries in respect of Essex, Kent, Lincolnshire and Wiltshire County Councils, the London Boroughs of Brent, Ealing, Lambeth and Sutton and the Royal Borough of Kingston upon Thames. The new Schedule 5 as substituted by these Regulations contains those missing entries.

Footnotes

[^f00001]: 1993 c. 35. Section 81 applies to grant-maintained special schools and their governing bodies by virtue of regulation 23 of the Education (Grant-maintained Special Schools) Regulations 1994, S.I. 1994/653, as substituted by regulation 11 of the Education (Grant-maintained Special Schools) (Amendment) Regulations 1994, S.I. 1994/1231. For the meaning of “regulations” see section 305(1) of the 1993 Act.

[^f00002]: S.I. 1995/936.