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

Type Statutory-Instrument

Publication 1995-03-29

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(10) If the sum of the amounts determined in respect of each school in the area of a relevant authority by the funding authority in accordance with paragraph (9) is greater than the adjusted secondary schools total for that authority then the funding authority shall multiply the amount so determined in respect of each school by a figure which is the adjusted secondary schools total for that authority divided by the sum of the amounts determined in respect of each school in the area of that authority in accordance with paragraph (9).

(11) In determining for the purposes of this regulation the number which appears to them to be the number of registered pupils at a school on a particular date, the funding authority shall include or exclude, in so far as it appears to them to be appropriate to do so, pupils permanently excluded from the school or provided with education at the school having been permanently excluded from another school which is a grant-maintained school or a school maintained by a local education authority, having regard in particular to any transfer of an amount of funding in respect of that pupil pursuant to section 262 or the 1993 Act.

(12) The funding authority shall adjust the amount determined in accordance with the foregoing provisions of this regulation by such amount, if any, as appears to them to be fair and reasonable, having consulted the relevant authority, to take into account any transfer of an amount of funding in respect of a pupil pursuant to section 262 of the 1993 Act.

Relevant date

32

(1) Subject to regulation 37, any amount required to be determined by the funding authority under this Part shall be determined on the information available to them on the relevant date.

(2) In paragraph (1), the relevant date is such date as the funding authority may determine and different dates may be determined for different cases or classes of case.

(3) The funding authority may, in any case where they consider it appropriate to do so, redetermine the relevant date.

(4) Where—

(a) the funding authority determine the relevant date in respect of any school for the financial year in question in accordance with paragraph (2); or

(b) they redetermine the relevant date in accordance with paragraph (3),

they shall notify the governing body of the school and the local education authority in writing of that fact.

(5) Where there is not available to the funding authority on the relevant date sufficient information as will, in their opinion, allow them to determine any amount referred to in paragraph (1) they may determine the amount of maintenance grant payable in respect of the school on such basis as appears to them to be fair and reasonable having regard to the information available to them on the relevant date.

(6) The funding authority shall not take into account any information made available to them after the relevant date (but before the date of their determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.

(7) References in this Part of these Regulations to the relevant date are references to the date referred to in paragraph (2) unless the relevant date has been redetermined in accordance with paragraph (3) in which case it is a reference to that date as redetermined.

Adjustments

33

(1) Without prejudice to paragraph (10) but subject to paragraph (9) and regulation 36(1) and (2), where, after the funding authority have determined the amount of maintenance grant payable in respect of any school for the financial year in question, any of paragraphs (2) to (5) apply, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraphs (6) to (8).

(2) This paragraph applies where it appears to the funding authority that the number of registered pupils at a school exceeds the number of pupils used for the purposes of determining the amount of its maintenance grant for the financial year in question, and that the relevant authority’s scheme makes provision in relation to such increases in pupil numbers at a school.

(3) This paragraph applies where proposals published under section 96 or 97 of the 1993 Act to make a significant change in the character of the school fall to be implemented in the financial year in question.

(4) This paragraph applies where it appears to the funding authority that the relevant authority in whose area the school is situated have increased the amount of their secondary schools budget (within the meaning of regulation 30(5)) for the financial year in question.

(5) This paragraph applies where after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with this Part it appears to the funding authority that, by reason of—

(a) any change in the characteristics of the school,

(b) any other change affecting the needs of the school, or

(c) the level of spending by the local education authority on any matter included in accordance with regulation 4(a) of the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994[^f00019] in Part 1 of the authority’s statement prepared under section 42(6) of the 1988 Act for the financial year beginning in 1994 exceeding the planned level of spending on that matter included in accordance with Schedule 1 to those Regulations in Part 1 of the authority’s statement prepared under section 42(3) of that Act for that year,

the amount so payable should be revised.

(6) In any case to which paragraph (3) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question by adding to it the amount calculated by the formula—

$$Z×A,365$ where— Z is the amount which equals the difference between the amount of the CFF share for the school as determined in accordance with regulation 30(2) (or, where that amount has been redetermined for the purposes of redetermining the amount of maintenance grant in accordance with regulation 35(1), that amount as so redetermined) and the amount determined in accordance with paragraph (7); and A is the number of days in the financial year falling on or after the date on which the proposals referred to in paragraph (3) fall to be implemented.$

(7) For the purposes of paragraph (6) the funding authority shall—

(a) except where the school is situated in the area of a relevant authority referred to in sub-paragraph (b) below, redetermine the total number of funding units for the school in accordance with Schedule 4, substituting, where the proposals referred to in paragraph (3) fall to be implemented after 18th January 1996, for the estimated number of registered pupils at the school required to be determined in accordance with that Schedule the number which the funding authority estimate will be the number of registered pupils at the school on the date on which the proposals fall to be implemented;

(b) where the school is situated in the area of Essex County Council, Kent County Council, Lincolnshire County Council, Wiltshire County Council, the London Boroughs of Brent, Ealing, Lambeth, Sutton or the Royal Borough of Kingston upon Thames, redetermine the total number of funding units for the school in accordance with Schedule 4, substituting for the number of registered pupils at the school required to be determined in accordance with paragraph 3 of the relevant Parts of that Schedule the number of such pupils which the funding authority estimate will be the number of registered pupils at the school on the date on which the proposals fall to be implemented; and

(c) multiply the total number of funding units for the school redetermined in accordance with sub-paragraph (a) or (b) above (as the case may be) by the amount per pupil for the relevant authority in whose area the school is situated determined in relation to that authority in accordance with Schedule 4 (or, where that amount has been recalculated in accordance with regulation 30(3)(c), that amount as so recalculated) for the purposes of the initial determination of maintenance grant for the school for the financial year in question.

(8) The funding authority may redetermine the amount of maintenance grant payable in respect of the school for the financial year in question—

(a) in any case to which paragraph (2) applies, by adding such amount as appears to them would have been payable to the school under the relevant authority’s scheme, had the school been covered by the scheme, in relation to such increases;

(b) in any case to which paragraph (4) or (5) applies, in accordance with the provisions of this Part, and

if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.

(9) Where, after redetermining the amount of maintenance grant payable in respect of a school for the financial year in question under any of paragraphs (6) to (8), the funding authority further so redetermine that amount, they shall reduce that amount (as so redetermined) by such amount (if any) as seems to them to be appropriate, having regard to any redetermination of the amount of maintenance grant payable in respect of the school for the financial year in question previously made by them under any of those paragraphs.

(10) Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (11).

(11) Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (10), they shall redetermine that amount by adding it to such amount as appears to them to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.

(12) The funding authority shall adjust the amount of maintenance grant payable in respect of any schools for the financial year in question by such amount, if any, as appears to them to be fair and reasonable, having consulted the relevant authority, to take into account any transfer of an amount of funding in respect of a pupil pursuant to section 262 of the 1993 Act.

(13) A determination which has been revised in accordance with this regulation or regulation 34 or 35(1) may be further revised in accordance with this regulation or those regulations and may be so further revised notwithstanding that the funding authority are satisfied that the revised determination was not made in accordance with these Regulations.

34

(1) This regulation applies in the case of a school referred to in regulation 27(1)(b).

(2) Subject to regulation 36(1) and (2), where it appears to the funding authority that the amount of maintenance grant determined in respect of a school to which this regulation applies for the financial year in question is insufficient because of the nature of such a school to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may after consultation with the local education authority and the governing body of the school redetermine the amount of maintenance grant payable in respect of the school for the year by adding to it such amount as appears to them to be fair and reasonable for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.

(3) Regulations 33(13) and 36(3) shall apply to revisions of maintenance grant under this regulation.

35

(1) Subject to regulation 36(1) and (2), where, before 1st October in the financial year in question, the funding authority are satisfied that their determination of the amount of the CFF share for any school for that year was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations, they may redetermine that amount in accordance with the provisions of this Part and, if the amount so redetermined is different from the amount previously determined, revise their determination and adjust the contingency amount for the relevant authority in question accordingly.

(2) Subject to regulation 36(1) and (2), where, in the case of any relevant authority, paragraph (3) applies, the funding authority shall, as soon as practicable after 1st October in the financial year in question, redetermine the amount of maintenance grant payable in respect of each school situated in the area of the authority by adding to it the amount determined in respect of the school in accordance with paragraph (5).

(3) This paragraph applies where on 1st October in the financial year in question—

(a) it appears to the funding authority that the available amount in respect of the relevant authority is less than the contingency amount in respect of that authority; or

(b) the funding authority have not redetermined—

(i) the amount of maintenance grant payable in respect of any school situated in the area of the relevant authority for that year on the grounds referred to in paragraph (1); or

(ii) the amount of the CFF share for any secondary school maintained by that authority for that year (or the sum of that amount and any amounts to be added to it in accordance with the preceding provisions of these Regulations, as the case may be) on those grounds.

(4) For the purposes of this regulation and Schedule 6—

the “available amount” means the amount which equals the difference between the contingency amount for that year and the aggregate of any amounts referred to in paragraph (3)(b) which have been redetermined on the grounds referred to in that paragraph; and

the “contingency amount” means the amount deducted from the secondary schools total for the authority for that year under regulation 30(1).

(5) For the purposes of paragraph (2) the funding authority shall determine for each grant-maintained secondary school situated in the area of the relevant authority and each secondary school maintained by that authority the amount of the school’s share of, where paragraph (3)(a) applies, the available amount, or, where paragraph (3)(b) applies, the contingency amount obtained by dividing that amount between those schools in accordance with Schedule 6.

(6) Regulations 33(13) and 36(3) shall apply to revisions of maintenance grant under this regulation as therein stated.

36

(1) Where, after the funding authority have determined under this Part the amount of maintenance grant payable in respect of any school for the financial year in question, the school is transferred to a new site in the area of another relevant authority, regulations 33, 34 and 35 and paragraph (3) shall apply as if the school had not been so transferred.

(2) Where, after the funding authority have determined under Part 2 the amount of maintenance grant payable in respect of any school for the financial year in question, the school is transferred to a new site in the area of a relevant authority, the provisions of that Part shall continue to apply for the purposes of redetermining the amount of maintenance grant payable in respect of the school for that year as if the school had not been so transferred.

(3) Where in accordance with regulation 33, 34 or 35 the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question they shall give notice thereof to the governing body of the school and to the local education authority.

Application of relevant date provisions to a redetermination of the amount of maintenance grant

37

(1) In its application for the purposes of any redetermination under regulation 33 or 35 of the amount of maintenance grant payable in respect of a school for the financial year in question, regulation 32 shall have effect subject to the following provisions of this regulation.

(2) Where the redetermination of maintenance grant under regulation 33 is made on one or more of the grounds specified in paragraphs (2) to (5) of that regulation the funding authority may take into account for the purposes of the redetermination any information received by them after the relevant date which relates to any of the reasons for making the redetermination.

(3) Where the redetermination of maintenance grant under regulation 35(1) is made on the grounds specified therein that the funding authority are satisfied that their determination was made in ignorance of, or was based on a mistake as to, some material fact, they may take into account any information received by them after the relevant date which relates to that fact.

(4) Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the funding authority for the purposes of redetermining grant under regulation 33 or 35, they may take that information into account for the purposes of making any further redetermination under that regulation.

(5) Regulation 32 shall not apply where a redetermination is made by the funding authority in accordance with regulation 33(10) and (11) or (12).

Requirements which may be attached to payment of maintenance grant

38

Regulation 26 applies for the purposes of this Part as it applies for the purposes of Part 2.

PART 4 — CAPITAL AND SPECIAL PURPOSE GRANTS

Capital grants

39

(1) Subject to paragraph (2), the funding authority may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 7 incurred or to be incurred by the governing body of a school.

(2) In the case of a special school which is established in a hospital, paragraph (1) shall apply only in respect of expenditure of a class or description specified in paragraph 1(d) of Schedule 7.

Special purpose grants

40

(1) The funding authority may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 8 incurred or to be incurred by the governing body of a school—

(a) for or in connection with the educational purposes so specified; or

(b) in respect of any expenses so specified being expenses which it appears to the funding authority the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.

(2) Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.

Requirements which may be attached to payment of capital or special purpose grants

41

(1) The requirements set out in paragraph 1 of Schedule 3 and paragraph (2) below are specified as requirements which may be imposed by the funding authority on governing bodies to whom payments of capital or special purpose grants are or have been made.

(2) The requirements referred to in paragraph (1) are—

(a) a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and

(b) a requirement that such a payment shall be so applied before a date specified by the funding authority.

(3) The funding authority may determine for the purposes of the application of section 84(1) and (2) of the 1993 Act to such governing bodies as are referred to in paragraph (1)—

(a) any requirement referred to in paragraphs 2 to 4 of Schedule 3;

(b) any requirement formulated for the purpose of assisting the funding authority to be satisfied that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as the funding authority may require in order to verify the same; and

(c) any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by the funding authority in accordance with this regulation subject to which the payments were made is not complied with.

(4) The funding authority may determine for the purposes of the application of that section to governing bodies to whom payments of special purpose grants are or have been made requirements as to the payment of the funding authority, if any conditions specified in the requirements are satisfied, of the whole or any part of the amount referred to in section 84(7) of the 1993 Act.

PART 5 — RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM LOCAL EDUCATION AUTHORITY

Determination of amount to be recovered

42

(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 10(1), 18(4) or 30(5)(c).

2

For the purposes of regulation 10(1), the relevant percentage in respect of any primary or secondary school is whichever is the greater of the percentages determined for the school in accordance with paragraphs 5 and 6 and in respect of any special school is whichever is the greater of the percentages determined for the school in accordance with paragraphs 5 and 7.

3

For the purposes of regulation 18(4), the relevant percentage in respect of any school is the percentage determined in accordance with paragraph 5.

4

For the purposes of regulation 30(5)(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;

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

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	Special
Avon County Council	12.8	8.9	17.6
London Borough of Barking and Dagenham	14.3	11.1	26.8
London Borough of Barnet	12.5	8.8	11.5
Barnsley Metropolitan Borough Council	13.7	8.8	12.5
Bedfordshire County Council	13.1	9.9	8.8
Berkshire County Council	9.6	6.7	9.3
London Borough of Bexley	10.4	6.8	10.9
Birmingham City Council
13.4	9.5	9.7
Bolton Metropolitan Borough Council	13.6	9.4	8.3
Bradford City Council	11.7	9.6	9.3
London Borough of Brent	9.4	7.1	13.1
London Borough of Bromley	12.3	8.7	12.6
Buckinghamshire County Council	15.6	10.9	11.5
Bury Metropolitan Borough Council	11.3	8.2	8.3
Calderdale Metropolitan Borough Council	9.1	6.4	6.2
London Borough of Camden	16.5	12.2	21.1
Cambridgeshire County Council	10.7	7.4	7.1
Cheshire County Council	12.1	8.3	15.0
Common Council of the City of London	16.2	N/A	N/A
Cleveland County Council	17.8	11.7	14.8
Cornwall County Council	7.2	5.1	5.5
Coventry City Council	14.2	9.8	8.7
London Borough of Croydon	8.8	7.0	10.7
Cumbria County Council	10.6	7.6	12.0
Derbyshire County Council	11.8	7.4	11.2
Devon County Council	10.3	7.0	9.6
Doncaster Metropolitan Borough Council	16.7	10.5	11.2
Dorset County Council	13.0	9.2	13.0
Dudley Metropolitan Borough Council	5.9	4.3	18.3
Durham County Council	12.1	8.4	12.5
London Borough of Ealing	10.2	8.0	9.0
East Sussex County Council	13.5	8.9	14.2
London Borough of Enfield	10.0	7.0	7.5
Essex County Council	12.2	8.7	7.9
Gateshead Metropolitan Borough Council	15.1	10.6	12.6
Gloucestershire County Council	8.4	6.4	6.8
London Borough of Greenwich	15.8	11.6	10.2
London Borough of Hackney	16.8	11.9	9.3
London Borough of Hammersmith and Fulham	11.5	8.9	11.4
Hampshire County Council	13.0	9.5	13.4
London Borough of Haringey	19.8	14.9	9.4
London Borough of Harrow	10.7	7.8	9.8
London Borough of Havering	10.8	7.0	10.5
Hereford and Worcester County Council	10.2	7.8	12.3
Hertfordshire County Council	6.0	4.2	6.0
London Borough of Hillingdon	13.4	8.6	12.5
London Borough of Hounslow	13.2	10.0	20.6
Humberside County Council	16.1	11.6	6.3
The Council of the Isles of Scilly	15.0	7.5	N/A
Isle of Wight County Council	14.0	10.7	19.0
London Borough of Islington	7.4	5.9	8.1
The Royal Borough of Kensington and Chelsea	12.3	9.1	11.1
Kent County Council	14.3	9.9	19.1
The Royal Borough of Kingston upon Thames	11.8	8.2	18.5
Kirklees Metropolitan Borough Council	15.0	10.5	14.7
Knowsley Metropolitan Borough Council	9.8	6.9	8.3
London Borough of Lambeth	14.2	9.8	11.4
Lancashire County Council	12.6	8.6	11.4
Leeds City Council	9.5	6.9	9.2
Leicestershire County Council	14.0	9.9	11.7
London Borough of Lewisham	17.3	12.8	8.9
Lincolnshire County Council	12.2	8.0	11.7
Liverpool City Council	11.5	7.5	17.7
Manchester City Council	10.5	6.3	7.7
London Borough of Merton	10.2	7.8	9.7
Newcastle upon Tyne City Council	15.6	10.7	11.9
London Borough of Newham	15.4	10.0	11.6
Norfolk County Council	10.2	7.0	13.9
North Tyneside Metropolitan Borough Council	11.0	8.3	9.6
Northamptonshire County Council	9.7	6.9	4.4
Northumberland County Council	9.5	7.4	9.7
North Yorkshire County Council	14.8	9.9	10.5
Nottinghamshire County Council	14.6	10.8	7.6
Oldham Metropolitan Borough Council	15.2	10.6	24.7
Oxfordshire County Council	9.1	6.9	11.2
London Borough of Redbridge	15.5	9.8	17.9
London Borough of Richmond upon Thames	8.6	6.8	12.2
Rochdale Metropolitan Borough Council	10.8	7.2	11.0
Rotherham Metropolitan Borough Council	15.0	10.9	16.8
St. Helens Metropolitan Borough Council	13.0	8.9	10.7
Salford City Council	9.7	6.6	9.1
Sandwell Metropolitan Borough Council	17.2	11.7	14.6
Sefton Metropolitan Borough	14.8	9.5	17.5
Sheffield City Council	11.0	7.8	10.7
Shropshire County Council	12.2	8.0	9.8
Solihull Metropolitan Borough Council	7.1	5.2	10.5
Somerset County Council	13.5	9.4	13.4
South Tyneside Metropolitan Borough Council	14.8	10.8	17.2
London Borough of Southwark	10.7	7.7	11.4
Staffordshire County Council	10.7	7.8	9.0
Stockport Metropolitan Borough Council	9.6	6.4	13.3
Suffolk County Council	11.6	8.5	10.1
Sunderland Metropolitan Borough Council	12.l	8.7	13.2
Surrey County Council	11.9	9.0	7.5
London Borough of Sutton	12.8	9.1	17.1
Tameside Metropolitan Borough Council	14.5	10.3	7.9
London Borough of Tower Hamlets	12.1	9.2	9.6
Trafford Metropolitan Borough Council	14.3	8.3	13.6
Wakefield Metropolitan District Council	14.5	10.0	10.1
Walsall Metropolitan Borough Council	12.1	8.5	11.2
London Borough of Waltham Forest	10.8	7.6	6.5
London Borough of Wandsworth	19.4	12.4	22.4
Warwickshire County Council	15.7	11.0	12.3
Westminster City Council	10.4	8.0	13.8
West Sussex County Council	15.0	10.3	12.5
Wigan Metropolitan Borough Council	13.0	8.7	6.5
Wiltshire County Council	13.1	8.8	8.8
Wirral Metropolitan Borough Council	13.3	9.3	12.5
Wolverhampton Metropolitan Borough Council	12.7	8.2	5.4

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×BC$ 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 1988 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”.

(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.

7

(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 of the local education authority’s aggregated budget for special schools for the financial year in question included, in accordance with regulation 3(a) of, and notes (5) and (8) in Schedule 1 to, the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1995[^f00020] (“the 1995 Regulations”), in Part 1 of the authority’s statement prepared under section 42(3) of the 1988 Act for that year (“the statement”).

(2) The funding authority shall determine the amount remaining after the sum of the amount of the local education authority’s aggregated budget referred to in sub-paragraph (1) above and the aggregate of the amounts referred to in sub-paragraph (3) below is deducted from the amount of the authority’s general schools budget for special schools for the financial year in question included, in accordance with regulation 3(a) of, and notes (5) and (44) in Schedule 1 to, the 1995 Regulations, in the statement.

(3) The amounts referred to in sub-paragraph (2) above are the amounts included in the statement, in accordance with regulation 3(a) of, and the relevant notes in Schedule 1 to, the 1995 Regulations, in respect of the following matters—

(a) capital expenditure (35);

(b) capital financing costs (36);

(d) existing commitments to pay compensation for redundancy, dismissal or premature retirement of staff (40)(b);

(e) assessing pupils' special educational needs, making special educational provision for pupils with statements of special educational needs and reviewing such statements (13)(a) and (39);

(f) education welfare services (37);

(g) educational psychology services (38);

(h) provision for pupils of clothing, board and lodging and financial support (28);

(i) expenditure expected to be offset by income received as grant (41)(a)(i) and (b);

(j) provision of school meals and milk (26)(a) and (b);

(k) contingencies (31 );

(l) expenditure of the kind referred to in section 11 of the Local Government Act 966[^f00021] not expected to be offset by income received as central government grant or grant from any of the European Communities (41)(a)(ii); and

(m) expenditure which is expected to be offset by income received from Her Majesty’s Chief Inspector of Schools in England (27).

(4) For the purposes of sub-paragraph (3) above “the relevant notes” means, in relation to each matter set out in sub-paragraphs (a) to (m) in that sub-paragraph, note (5) and the note indicated in respect of that matter.

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 18(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;

(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;

(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 Ist April in the preceding financial year;

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

(i) transport for pupils between home and school;

(ii) the provision of clothing and board and lodging for pupils;

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

(iv) education welfare officers, education social workers 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) making assessments of, and making, maintaining and reviewing statements for, children with special educational needs and making the special educational provision for pupils with statements of special educational needs specified in their statements;

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

(g) expenditure in respect of the provision of education under section 298 of the 1993 Act:

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

(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 grant or grant from any of the European Communities.

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 with respect to the maintenance of proper 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;

(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 — References in this Schedule to a numbered paragraph are references to the paragraph so numbered in the Part of this Schedule in which the reference appears.

PART I — LONDON BOROUGH OF BROMLEY

1

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.

2

The funding authority shall determine for each school the aggregate number referred to in paragraph 3(m) (referred to below in this Part of this Schedule as the “total number of base 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 19th January 1995 in age band 3 i.e. who had not attained the age of 14 on 31st August 1994, multiplied by 5/12;

(b) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 3 i.e. who will not have attained the age of 14 on 31st August 1995, multiplied by 7/12;

(b) above;

(d) the number appearing to them to be the number of registered pupils at the school on 19th January 1995 in age band 4 i.e. aged 14 or 15 on 31st August 1994, multiplied by 5/12;

(e) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 4 i.e. aged 14 or 15 on 31st August 1995, 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 19th January 1995 in age band 5 i.e. aged 16 or over on 31st August 1994, multiplied by 5/12;

(h) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 5 i.e. aged 16 or over on 31st August 1995, 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 19th January 1995 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980[^f00022] 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 such meals multiplied by 0.3126;

(l) the number appearing to them to be the number (expressed in thousands of square feet) which represents 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 (1) above; and

(ii) 74.4329.

4

Where the number, which appears to the funding authority, to be the number of registered pupils in a particular age band at the school on l9th January 1995, differs from the number of registered pupils of that particular age band which it was estimated, for the purposes of determining the amount of that school’s annual maintenance grant or budget share in the preceding financial year, would be at the school on that date then the funding authority shall, subject to paragraph 5, determine an amount in respect of such category of pupils by—

(a) subtracting that estimated number from that actual number of registered pupils and multiplying the resulting amount by the amount specified in relation to the authority in whichever is the appropriate of column 2, 3, 4 or 5 in the Table in Schedule 5 in relation to that age band and by the proportion of that preceding year in respect of which pupil numbers were estimated (expressed as a fraction in the entry for the authority in column 1 in the Table in Schedule 5);

(b) multiplying the sum of the numbers calculated in accordance with sub-paragraph (a) above by the “amount per pupil” used in respect of the school under the 1994 Regulations; and

(c) subtracting from the amount calculated in accordance with sub-paragraph (b) above any amount previously made available for the purposes of the school because of an increase in the number of registered pupils at the school.

5

(1) For the purpose of this paragraph—

(a) the amount referred to in respect of each school as “the 1994-95 CFF floor” is the amount determined in respect of each school under regulation 31(5) or (6) (as the case may be);

(b) the amount referred to in respect of each school as “the pure 1994-95 CFF share” is the amount calculated in respect of each school under regulation 25(2) or (3)(ii) of the 1994 Regulations (as the case may be);

(c) the amount referred to in respect of each school as “the deviation from the CFF floor” is the amount which equals the 1994-95 CFF floor less the pure 1994-95 CFF share. (Where a school’s pure 1994-95 CFF share is less than its 1994-95 CFF floor this figure will be positive, and where the pure 1994-95 CFF share is greater than the 1994-95 CFF floor this figure will be negative.)

(2) The funding authority shall—

(a) in a case where the amount determined under paragraph 4(c) is greater than the deviation from the CFF floor and the deviation from the CFF floor is greater than zero reduce the amount determined under paragraph 4(c) by a sum equal to the deviation from the CFF floor;

(b) in the case where the amount determined under paragraph 4(c) is either—

(i) greater than zero and less than the deviation from the CFF floor, or

(ii) less than zero and the deviation from the CFF floor is greater than zero, reduce the amount determined under paragraph 4(c) to zero;

(c) in the case where the amount determined under paragraph 4(c) is less than the deviation from the CFF floor and the deviation from the CFF floor is less than zero, redetermine the amount determined under paragraph 4(c) to be equal to the deviation from the CFF floor.

6

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined under paragraph 3(m) (referred to in paragraph 7 as the “total number of base units for the authority”).

7

The funding authority shall determine the amount (referred to in paragraph 8 as the “amount per pupil”) obtained by dividing the adjusted secondary schools total for the authority less the aggregate of the amounts determined under paragraph 4(c) by the total number of base units for the authority.

8

The funding authority shall determine the amount (referred to in paragraph 9 as the “number of funding units for the school”) obtained by adding to the figure determined under paragraph 3(m) the amount which is equal to the figure determined under paragraph 4(c) divided by the amount per pupil.

9

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 II — 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(1) (referred to below in this Part of this Schedule as the “total number of base 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 19th January 1995 in age band 3 i.e. who had not attained the age of 14 on 31st August 1994, multiplied by 5/12;

(b) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 3 i.e. who will not have attained the age of 14 on 31st August 1995, multiplied by 7/12;

(d) the number appearing to them to be the number of registered pupils at the school on l9th January 1995 in age band 4 i.e. aged 14 or 15 on 31st August 1994, multiplied by 5/12;

(e) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 4 i.e. aged 14 or 15 on 31st August 1995, 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 19th January 1995 in age band 5 i.e. aged 16 or over on 31st August 1994, multiplied by 5/12;

(h) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 5 i.e. aged 16 or over on 31st August 1995, 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 l9th January 1995 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by 0.1091:

(k) the number (expressed as a percentage) appearing to them to represent the share treated by the authority under their 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 their 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

Where the number, which appears to the funding authority, to be the number of registered pupils in a particular age band at the school on 19th January 1995, differs from the number of registered pupils of that particular age band which it was estimated, for the purposes of determining the amount of that school’s annual maintenance grant or budget share in the preceding financial year, would be at the school on that date then the funding authority shall, subject to paragraph 5, determine an amount in respect of such category of pupils by—

(a) subtracting that estimated number from that actual number of registered pupils and multiplying the resulting amount by the amount specified in relation to the authority in whichever is the appropriate of column 2, 3, 4 or 5 in the Table in Schedule 5 in relation to that age band and by the proportion of that preceding year in respect of which pupil numbers were estimated (expressed as a fraction in the entry for the authority in column 1 in the Table in Schedule 5);

(b) multiplying the sum of the numbers calculated in accordance with sub-paragraph (a) above by the “amount per pupil” used in respect of the school under the 1994 Regulations; and

(c) subtracting from the amount calculated in accordance with sub-paragraph (b) above any amount previously made available for the purposes of the school because of an increase in the number of registered pupils at the school.

5

(1) For the purposes of this paragraph—

(a) the amount referred to in respect of each school as “the 1994-95 CFF floor” is the amount determined in respect of each school under regulation 31(5) or (6) (as the case may be);

(b) the amount referred to in respect of each school as “the pure 1994-95 CFF share” is the amount calculated in respect of each school under regulation 25(2) or 25(3)(ii) of the 1994 Regulations (as the case may be);

(c) the amount referred to in respect of each school as “the deviation from the CFF floor” is the amount which equals the 1994-95 CFF floor less the pure 1994-95 CFF share. (Where a school’s pure 1994-95 CFF share is less than its 1994-95 CFF floor this figure will be positive, and where the pure 1994-95 CFF share is greater than the 1994-95 CFF floor this figure will be negative.)

(2) The funding authority shall—

(a) in the case where the amount determined under paragraph 4(c) is greater than the deviation from the CFF floor and the deviation from the CFF floor is greater than zero reduce the amount determined under paragraph 4(c) by a sum equal to the deviation from the CFF floor;

(b) in the case where the amount determined under paragraph 4(c) is either—

(i) greater than zero and less than the deviation from the CFF floor, or

(ii) less than zero and the deviation from the CFF floor is greater than zero, reduce the amount determined under paragraph 4(c) to zero;

(c) in the case where the amount determined in paragraph 4(c) is less than the deviation from the CFF floor and the deviation from the CFF floor is less than zero, redetermine the amount determined under paragraph 4(c) to be equal to the deviation from the CFF floor.

6

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 3(1) (referred to in paragraph 7 as the “total number of base units for the authority”).

7

8

The funding authority shall determine the amount (referred to in paragraph 9 as the “number of funding units for the school”) obtained by adding to the figure determined under paragraph 3(1) the amount which is equal to the figure determined under paragraph 4(c) divided by the amount per pupil.

9

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 III — ESSEX COUNTY COUNCIL

1

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.

2

The funding authority shall determine for each school the aggregate number referred to in paragraph 3(i) (referred to in paragraph 6 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 19th January 1995 who had not attained the age of 14 on 31st August 1994;

(b) the number appearing to them to be the number of registered pupils at the school on 19th January 1995 aged 14 or 15 on 31st August 1994 multiplied by 1.22;

(c) the number appearing to them to be the number of registered pupils at the school on 19th January 1995 aged 16 or over on 31st August 1994 multiplied by 1.57;

(d) the number appearing to them to be the number of registered pupils at the school who on 19th January 1995 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 their scheme as funding for pupils who have special educational needs allocated in accordance with the allocation formula under the authority’s scheme but using the reading test data used in the preceding financial year for the purposes of paragraph 10(f) of Part II of Schedule 4 to the 1994 Regulations, multiplied by 7.5626;

(g) where it appears to the funding authority that the school is treated by the authority in accordance with their 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 numbers of registered pupils referred to in sub-paragraphs (a), (b) and (c) above 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 their 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.

4

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 3(i) (referred to in paragraph 5 as the "total number of funding units for the authority").

5

The funding authority shall determine the amount (referred to in paragraph 6 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.

6

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 — GLOUCESTERSHIRE COUNTY COUNCIL

1

In this Part—

2

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 19th January 1995 in age band 3 i.e. who had not attained the age of 14 on 31st August 1994, multiplied by 5/12;

(b) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 3 i.e. who will not have attained the age of 14 on 31st August 1995, multiplied by 7/12;

(d) the number appearing to them to be the number of registered pupils at the school on 19th January 1995 in age band 4 i.e. aged 14 or 15 on 31st August 1994, multiplied by 5/12;

(e) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 4 i.e. aged 14 or 15 on 31st August 1995, 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 19th January 1995 in age band 5 i.e. aged 16 or over on 31st August 1994, multiplied by 5/12;

(h) the number which the funding authority estimate will be the number of registered pupils at the school on 18th January 1996 in age band 5 i.e. aged 16 or over on 31st August 1995, multiplied by 7/12;

(i) the aggregate of the numbers calculated in accordance with sub-paragraphs (g) and (h) above multiplied by 1.70;

(j) the number appearing to them to be the number of registered pupils at the school who on 19th January 1995 were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by 0.2100;

(k) the number appearing to them to be the number treated by the authority under their 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 1995 as the number of registered pupils at the school having special educational needs multiplied by 0.1260; and

(l) the aggregate of—

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

(ii) 125.8750.

4

(a) subtracting that estimated number from that actual number of registered pupils and multiplying the resulting amount by the amount specified in relation to the authority in whichever is the appropriate of column 2, 3, 4 or 5 in the Table in Schedule 5 in relation to that age band and by the proportion of that preceding year in respect of which pupil numbers were estimated (expressed as a fraction in the entry for the authority in column 1 in the Table in Schedule 5);

(b) multiplying the sum of the numbers calculated in accordance with sub-paragraph (a) above by the “amount per pupil” used in respect of the school under the 1994 Regulations; and

(c) subtracting from the amount calculated in accordance with sub-paragraph (b) above any amount previously made available for the purposes of the school because of an increase in the number of registered pupils at the school.

5

(1) For the purpose of this paragraph—

(a) the amount referred to in respect of each school as “the 1994-95 CFF floor” is the amount determined in respect of each school under regulation 31(5) or (6) (as the case may be);

(b) the amount referred to in respect of each school as “the pure 1994-95 CFF share” is the amount calculated in respect of each school under regulation 25(2) or (3)(ii) of the 1994 Regulations (as the case may be);

(c) the amount referred to in respect of each school as “the deviation from the CFF floor” is the amount which equals the 1994-95 CFF floor less the pure 1994-95 CFF share. (Where a school’s pure 1994-95 CFF share is less than its 1994-95 CFF floor this figure will be positive, and where the pure 1994-95 CFF share is greater than the 1994-95 CFF floor this figure will be negative.)

(2) The funding authority shall—

(a) in the case where the amount determined under paragraph 4(c) is greater than the deviation from the CFF floor and the deviation from the CFF floor is greater than zero reduce the amount determined under paragraph 4(c) by a sum equal to the deviation from the CFF floor;

(b) in the case where the amount determined under paragraph 4(c) is either—

(i) greater than zero and less than the deviation from the CFF floor, or

(ii) less than zero and the deviation from the CFF floor is greater than zero,

reduce the amount determined under paragraph 4(c) to zero;

(c) in the case where the amount determined under paragraph 4(c) is less than the deviation from the CFF floor and the deviation from the CFF floor is less than zero, redetermine the amount determined under paragraph 4(c) to be equal to the deviation from the CFF floor.

6

7

8

The funding authority shall determine the amount (referred to in paragraph 9 as the “number of funding units for the school”) obtained by adding to the figure determined under paragraph 3(1) the amount which is equal to the figure determined under paragraph 4(c) divided by the amount per pupil.

9

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

1

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.

2

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 19th January 1995 in age band 3 i.e. who had not attained the age of 14 on 31st August 1994, multiplied by 5/12;

(b) the number which the funding authority estimate will be the number of registered pupils at the school on 19th September 1995 in age band 3 i.e. who will not have attained the age of 14 on 31st August 1995, multiplied by 7/12;

(d) the number appearing to them to be the number of registered pupils at the school on 19th January 1995 in age band 4 i.e. aged 14 or 15 on 31st August 1994, multiplied by 5/12;

(e) the number which the funding authority estimate will be the number of registered pupils at the school on 19th September 1995 in age band 4 i.e. aged 14 or 15 on 31st August 1995, 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 19th January 1995 in age band 5 i.e. aged 16 or over on 31st August 1994, multiplied by 5/12;

(h) the number which the funding authority estimate will be the number of registered pupils at the school on 19th September 1995 in age band 5 i.e. aged 16 or over on 31st August 1995, 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 19th January 1995 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 of points allocated to the school in accordance with the allocation formula prepared by the Hillingdon Association of Secondary Headteachers in the financial year beginning in 1994, based on reading tests administered to pupils in that financial year, multiplied by 0.2755;

(l) where 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 case of a grant-maintained school, that the 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 factor 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.

4

Where the number, which appears to the funding authority, to be the number of registered pupils in a particular age band at the school on 15th September 1995, differs from the number of registered pupils of that particular age band which it was estimated, for the purposes of determining the amount of that school’s annual maintenance grant or budget share in the preceding financial year, would be at the school on that date then the funding authority shall determine, subject to paragraph 5, an amount in respect of such category of pupils by—

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