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

• (b) the number which the funding authority estimate will be the number of registered pupils at the school on 15th September 1995 who will not have attained the age of 14 on 31st August 1995 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 19th January 1995 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 15th September 1995 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 1.29;

• (g) 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 5/12;

• (h) the number which the funding authority estimate will be the number of registered pupils at the school on 15th September 1995 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 1.41;

• (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 0.1655;

• (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 purpose of determining the budget share of the school for the financial year in question as the number of registered pupils at the school having special educational needs multiplied by 0.2803;

• (l) the number appearing to them to be the number (expressed in thousands of square metres) 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 purpose of determining the budget share of the school for the financial year in question as representing the floor area of the school for the purposes of routine maintenance and restoration as therein defined multiplied by 6.6181; and

• (m) the aggregate of—

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

• (ii) 59.6899.

4

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined in accordance with paragraph 3(m) (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 XXI — LONDON BOROUGH OF WANDSWORTH

1

In this Part—

• “the authority” means the London Borough of Wandsworth; 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 28th 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;

• (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 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 28th 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 1.62:

• (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 28th 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 1.87;

• (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 0.1399;

• (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) 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 0.0318;

• (l) the aggregate of—

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

• (ii) 65.3382.

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 29th September 1994, 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 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 age band 3 unit cost for the authority in column 6 in the Table in Schedule 5; 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

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined under paragraph 3(1) (referred to in paragraph 6 as the “total number of base 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 less the aggregate of the amounts determined under paragraph 4(c) by the total number of base units for the authority.

7

The funding authority shall determine the amount (referred to in paragraph 8 as the "total number of funding units for the school") obtained by adding to the amount determined under paragraph 3(1) the amount determined under paragraph 4(c) divided by the amount per pupil.

8

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 XXII — WILTSHIRE COUNTY COUNCIL

1

In this Part—

• “the authority” means Wiltshire 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(g) (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 11 on 31st August 1994 multiplied, in the case of a secondary school which is a middle school, by 0.77;

• (b) the number appearing to them to be the number of pupils registered at the school on 19th January 1995 who had attained the age of 11, 12 or 13 on 31st August 1994;

• (c) the number appearing to them to be the number of pupils registered at the school on 19th January 1995 aged 14 or 15 on 31st August 1994 multiplied by 1.32;

• (d) 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 1.77;

• (e) 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 0.2395;

• (f) 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) 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 0.8231; and

• (g) the aggregate of—

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

• (ii) 74.6146 in the case of secondary schools which are middle schools and 74.6146 multiplied by 1.5 in all other cases,

• (iii) where it appears to the funding authority that the school is treated by the authority in accordance with their scheme for the financial year in question (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, 32.5564 or, in the case of a school which received the higher of two possible allocations under the authority’s scheme for the preceding financial year; 32.5564 multiplied by 1.5;

• (iv) in the case of Hardenhuish School, 32.5564;

• (v) if the number appearing to the funding authority to be the number of registered pupils at the school on 19th January 1995 who were entitled to be provided with free school meals under section 22(3) or (3A) of the Education Act 1980 (represented by “A” below) is more than 10% of the number appearing to them to be the number of registered pupils at the school on that date (represented by “B” below), the number calculated in accordance with the formula—

$AB×A×0.2453;$

• (vi) the number (if there are fewer than 187 pupils registered at the school) which appears to the funding authority to be the difference between the total number of registered pupils at the school on 19th January l995 and 187, multiplied by 0.76;

• (vii) in cases where the average number referred to below is more than 30% of the number of registered pupils at the school on 19th January 1995, the average number of registered pupils at the school who have a parent serving in the Armed Forces of the Crown, calculated on a monthly basis between 1st January 1994 and 31st December 1994, multiplied by 0.1592.

4

The funding authority shall determine the number which is the aggregate of the aggregate numbers determined under paragraph 3(g) (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.

SCHEDULE 5 — TABLE

	(1)	(2)	(3)	(4)	(5)	(6)
	Proportion of preceding year for which estimate applied	Age Band 2	Age Band 3	Age Band 4	Age Band 5	Age Band 3 Unit Cost
						£
Bromley	7/12	0.00000	1.00000	1.22000	1.94000	1.552.00
Calderdale	7/l2	0.00000	1.00000	1.22000	1.25000	1.580.42
Gloucestershire	7/12	0.00000	1.00000	1.28000	1.73000	1.208.00
Hillingdon	7/12	0.00000	1.00000	1.05000	1.42000	1.628.71
Barnet	7/12	0.00000	1.00000	1.24455	1.64354	1.570.40
Cambridgeshire	7/12	0.72651	1.00000	1.26875	1.66250	1.467.58
Croydon	7/12	0.00000	1.00000	1.05507	1.53296	1.785.19
Cumbria	7/12	0.00000	1.00000	1.20212	1.57306	1.375.34
Enfield	7/12	0.00000	1.00000	1.27516	1.63851	1.672.37
Hertfordshire	7/12	0.69269	1.00000	1.27707	1.38927	1.660.10
Surrey	6/10	0.00000	1.00000	1.13452	1.59086	1.528.67
Walsall	7/12	0.00000	1.00000	1.29130	1.41340	1.363.74
Wandsworth	7/12	0.00000	1.00000	1.62444	1.87460	1.554.58

SCHEDULE 6 — 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 the number appearing to them to be the number of registered pupils at the school on 19th January 1995.

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 35(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 7 — 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 “building” includes any fixtures and fittings affixed to a building.

SCHEDULE 8 — EXPENDITURE IN RESPECT OF WHICH SPECIAL PURPOSE GRANTS MAY BE PAID

1

In this Schedule—

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[^f00023] ;

• (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 have 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;

• (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

• (viii) the transfer of land to trustees to be held on trust for the purposes of the school pursuant to section 130 of the 1993 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[^f00024] .

Signed

Robin Squire — Parliamentary under Secretary of State, — Department for Education — 29th March 1995

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 1994 (“the 1994 Regulations”) and the Education (Grant-maintained Special Schools) (Finance) Regulations 1994 (“the 1994 Special Schools Regulations”) which are revoked. The Regulations apply to schools, including special schools, situated in England which have acquired grant-maintained status and in relation to the 1995-96 financial year. The main changes to the provision made by the revoked Regulations are set out below.

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 the local education authorities specified in Part 3, secondary schools situated in those areas which acquire grant-maintained status after 1st April 1995 and special schools, on a similar basis to that provided for under Part 2 of the 1994 Regulations and the 1994 Special Schools Regulations save that—

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

• (2) provision is made in relation to the calculation of maintenance grant to be paid to schools which become grant-maintained schools pursuant to proposals published by promoters under section 49 of the Education Act l993 (regulations 9, 12, 13(4) and 21(4));

• (3) the provisions relating to cash protection for schools are modified (regulation 11);

• (4) additional provision is made in respect of expenditure on employment of teaching staff to make special provision for pupils belonging to ethnic minorities where the local education authority’s scheme makes no such provision for the financial year in question (regulation 13(9));

• (5) provision is made in relation to deficits and deductions in respect of the budget shares of schools, which become grant-maintained, in the period during which they were county or voluntary schools. Such deficits or deductions may be taken into account in determining the amount of the school’s maintenance grant (regulations 15 and 16);

• (6) provision is made for the funding authority to make additional payments in respect of schools which provide education for wide age ranges of pupils (regulation 23); and

• (7) provision is made for the funding authority to add to or deduct from amounts determined in respect of a school, other than a special school, which is situated in the area of a local authority which is not the area of the local education authority which previously maintained it regulation 24).

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, or in certain circumstances a primary school which was formerly a secondary school, situated in the area of any of the 22 listed local education authorities, which became a grant-maintained school on or before 1st April 1995. Part 3 does not apply to special schools. The basis of determination is similar to that under Part 3 of the 1994 Regulations save that—

• (1) provision is made for the funding authority to add to a school’s CFF share (as determined under regulation 30(2)) an amount in respect of savings made in the period when it was a county or voluntary school (regulation 30(9));

• (2) provision is made for the funding authority to deduct from a school’s CFF share, deficits incurred in the school’s budget share in previous financial years before it became grant-maintained (regulation 30(10));

• (3) the existing provision regarding the calculation of a minimum figure (its CFF floor) below which a school’s maintenance grant may not fall is expanded (regulation 31);

• (4) provision is made regarding excluded pupils (regulations 31(11) and (12) and 33(12));

• (5) the grounds on which amounts of maintenance grant may be redetermined are extended to include changes in the characteristics of the school. Other changes affecting the needs of the school and circumstances in which the level of expenditure by the local education authority (as shown in their financial statement under section 12(6) of the Education Reform Act 1988) on matters not delegated to schools covered by their scheme of local management in the 1994-95 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 33(5));

• (6) schools which had been secondary schools whose maintenance grant was determined under Part 3 but because of a change in character are now deemed primary schools may receive additional funding (regulation 34); and

• (7) provision is made to adjust for over or under estimates of pupil numbers in certain areas where such estimates were made (regulation 31 and Schedules 4 and 5).

Part 4 of the Regulations provides for the payment of capital and special purpose grants on a similar basis to that provided for under Part 4 of the 1994 Regulations and Part 3 of the 1994 Special Schools Regulations. save that special purpose grant may also be paid to meet expenditure incurred in the transfer of land to trustees pursuant to section 130 of the Education Act 1993.

Consequent on section 93 of the 1993 Act. Part 5 of the Regulations, as did Part 5 of the 1994 Regulations and Part 4 of the 1994 Special Schools 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. Sections 81 to 95 apply 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]: 1988 c. 40.

[^f00003]: S.I. 1994/938.

[^f00004]: S.I. 1994/2111.

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

[^f00006]: S.I. 1994/653; amended by S.I. 1994/1231.

[^f00007]: S.I. 1989/1287.

[^f00008]: S.I. 1990/549; amended by S.I. 1990/2279 and S.I. 1991/353.

[^f00009]: S.I. 1991/353.

[^f00010]: S.I. 1992/555; amended by S.I. 1992/1095.

[^f00011]: S.I. 1993/568; amended by S.I. 1993/843.

[^f00012]: A new section 35 was substituted by section 274(2) of the Education Act 1993.

[^f00013]: Section 36 was 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.

[^f00014]: Section 42 was amended by section 275(1) and 307(3) of, and Schedule 21 to, the Education Act 1993.

[^f00015]: 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.

[^f00016]: S.I. 1994/323.

[^f00017]: S.I. 1980/918; amended by S.I. 1994/581.

[^f00018]: 1980 c. 20; section 12 was amended by section 31(4) of the Education Reform Act 1988 and section 229 of the Education Act 1993.

[^f00019]: S.I. 1994/323.

[^f00020]: S.I. 1995/208.

[^f00021]: 1966 c. 42, as substituted by section 1(1) of the Local Government (Amendment) Act 1993 (c. 27). Section 11 is extended by section 2ll of the Education Reform Act 1988 to which there are amendments not relevant to these Regulations.

[^f00022]: 1980 c. 20; subsection (3) was amended, and subsection (3A) of section 22 was inserted, by the Social Security Act 1986 (c. 50), section 77(1) and the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 24 respectively.

[^f00023]: 1984 c. 11 Section 1 was amended by section 278 of the Education Act 1993. The current Regulations are the Education (Grants for Education Support and Training) (England) Regulations 1995 (S.I. 1995/605).

[^f00024]: The current Regulations are the Education (Grants) (Travellers and Displaced Persons) Regulations 1993 (S.I. 1993/569; amended by S.I. 1995/543).