The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1996

• (a) The funding authority shall determine, in the case of each grant-maintained secondary school situated in the area of Surrey County Council and each secondary school maintained by that authority, the numbers in paragraphs 2 (the date for estimates in the pupil count being 19th September 1996), 6(1), 7(7), 8(1), 9, 10(4), 11(1) and 12(10) and the aggregate of such numbers (which aggregate constitutes for the purposes of this Schedule the number of base units for the school).

• (b) The funding authority shall then determine in accordance with paragraph 16A the amount of each such school’s CFF share.

London Borough of Sutton.

• (20)

• (a) The funding authority shall determine, in the case of each grant-maintained secondary school situated in the area of the London Borough of Sutton and each secondary school maintained by that authority, the numbers in paragraphs 3, 6(1), 7(4), 8(3), 9 and 15 and the aggregate of such numbers (which aggregate constitutes for the purposes of this Schedule the number of funding units for the school).

• (b) The funding authority shall then determine in accordance with paragraph 16C the amount of each such school’s CFF share.

Walsall Metropolitan Borough Council.

• (21)

• (a) The funding authority shall determine, in the case of each grant-maintained secondary school situated in the area of Walsall Metropolitan Borough Council and each secondary school maintained by that authority, the numbers in paragraphs 2 (the date for estimates in the pupil count being 13th September 1996), 6(1), 7(4), 9 and 12(11) and the aggregate of such numbers (which aggregate constitutes for the purposes of this Schedule the number of base units for the school).

• (b) The funding authority shall then determine in accordance with paragraph 16A the amount of each such school’s CFF share.

London Borough of Wandsworth.

• (22)

• (a) The funding authority shall determine, in the case of each grant-maintained secondary school situated in the area of the London Borough of Wandsworth and each secondary school maintained by that authority, the numbers in paragraphs 2 (the date for estimates in the pupil count being 26th September 1996), 6(1), 7(10) and 9 and the aggregate of such numbers (which aggregate constitutes for the purposes of this Schedule the number of base units for the school).

• (b) The funding authority shall then determine in accordance with paragraph 16A the amount of each such school’s CFF share.

Wiltshire County Council.

• (23)

• (a) The funding authority shall determine, in the case of each grant-maintained secondary school situated in the area of Wiltshire County Council and each secondary school maintained by that authority, the numbers in paragraphs 5, 6(3), 7(7), 8(2), 9, 10(3),11(9) and 13(2) and the aggregate of such numbers (which aggregate constitutes for the purposes of this Schedule the number of funding units for the school).

• (b) The funding authority shall then determine in accordance with paragraph 16C the amount of each such school’s CFF share.

PART II — PUPIL NUMBERS

Relevant Authorities, with no middle schools deemed secondary schools, which use estimates of pupil numbers

(Barnet, Bromley, Calderdale, Croydon, Cumbria, Enfield, Gloucestershire, Hillingdon, Surrey, Walsall and Wandsworth)

2

• (a) The number which is the aggregate of—

• (i) the number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996 who had not attained the age of 14 on 31st August 1995 multiplied by 5/12, and

• (ii) the number which they estimate will be the number of registered pupils at the school on the date for estimates in the pupil count who will not have attained the age of 14 on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 3);

• (b) the number which is the aggregate of—

• (i) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 14 or 15 on 31st August 1995 multiplied by 5/12, and

• (ii) the number which they estimate will be the number of registered pupils at the school on the date for estimates in the pupil count aged 14 or 15 on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 4) multiplied by the number in column (3) opposite the entry for the authority in the table in Part V;

• (c) the number which is the aggregate of—

• (i) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 16 or over on 31st August 1995 multiplied by 5/12, and

• (ii) the number which they estimate will be the number of registered pupils at the school on the date for estimates in the pupil count aged 16 or over on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 5) multiplied by the number in column (4) opposite the entry for the authority in the table in Part V.

Relevant Authorities, with no middle schools deemed secondary schools, which do not use estimates of pupil numbers

(Brent, Ealing, Essex, Kingston, Lambeth, Lincolnshire and Sutton)

3

• (a) The number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996 who had not attained the age of 14 on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 3);

• (b) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 14 or 15 on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 4) multiplied by the number in column (3) opposite the entry for the authority in the table in Part V;

• (c) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 16 or over on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 5) multiplied by the number in column (4) opposite the entry for the authority in the table in Part V.

Relevant Authorities, with middle schools deemed secondary schools, which use estimates of pupil numbers

(Cambridgeshire and Hertfordshire)

4

• (a) The number which is the aggregate of—

• (i) the number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996 who had not attained the age of 11 on 31st August 1995 multiplied by 5/12, and

• (ii) the number which they estimate will be the number of registered pupils at the school on the date for estimates in the pupil count who will not have attained the age of 11 on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 2) multiplied by the number in column (1) opposite the entry for that authority in the table in Part V;

• (b) the number which is the aggregate of—

• (i) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 who have attained the age of 11, 12, or 13 on 31st August 1995 multiplied by 5/12, and

• (ii) the number which they estimate will be the number of registered pupils at the school on the date for estimates in the pupil count who will have attained the age of 11,12, or 13 on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 3);

• (c) the number which is the aggregate of—

• (i) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 14 or 15 on 31st August 1995 multiplied by 5/12, and

• (ii) the number which they estimate will be the number of registered pupils at the school on the date for estimates in the pupil count aged 14 or 15 on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 4) multiplied by the number in column (3) opposite the entry for the authority in the table in Part V;

• (d) the number which is the aggregate of—

• (i) the number appearing to them to be the number of registered pupils at the school on January 18th 1996 aged 16 or over on 31st August 1995 multiplied by 5/12, and

• (ii) the number which the funding authority estimate will be the number of registered pupils at the school on the date for estimates in the pupil count aged 16 or over on 31st August 1996 multiplied by 7/12,

(being for the purposes of these Regulations the number of registered pupils in age band 5) multiplied by the number in column (4) opposite the entry for the authority in the table in Part V.

Relevant Authorities, with middle schools deemed secondary schools, which do not use estimates of pupil numbers

(Kent and Wiltshire)

5

• (a) The number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996 who had not attained the age of 11 on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 2) multiplied by the number in column (1) opposite the entry for the authority in the table in Part V;

• (b) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 11, 12 or 13 on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 3);

• (c) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 14 or 15 on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 4) multiplied by the number in column (3) opposite the entry for the authority in the table in Part V;

• (d) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 aged 16 or over on 31st August 1995 (being for the purposes of these Regulations the number of registered pupils in age band 5) multiplied by the number in column (4) opposite the entry for the authority in the table in Part V.

PART III — OTHER FACTORS

Fixed Costs

(All relevant authorities except Hertfordshire and Wiltshire)

6

• (1) The number in column (5) opposite the entry for the authority in the table in Part V.

(Hertfordshire)

• (2) The number which, if the aggregate of the pupil numbers determined under paragraph 4 in respect of the school is less than 1400, appears to the funding authority to be the difference between 1400 and that aggregate, multiplied in the case of a middle school by 0.6, and then in all cases, divided by 100 and multiplied by the number in column (5) opposite the entry for the authority in the table in Part V.

(Wiltshire)

• (3) The number in column (5) opposite the entry for the authority in the table in Part V in the case of a middle school and that number multiplied by 1.5 in all other cases.

Special Educational Needs.

(Bromley, Cambridgeshire, and Hertfordshire)

7

• (1) The number appearing to the funding authority to be the number of registered pupils at the school who on 18th January 1996 were entitled to be provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Calderdale and Essex)

• (2) The number (expressed as a percentage) appearing to the funding authority 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 based on reading test data, for pupils who have special educational needs but who do not have statements multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Hillingdon)

• (3) The number appearing to the funding authority to be the number of points allocated to the school in accordance with the allocation formula under the authority’s scheme, prepared by the Hillingdon Association of Secondary Headteachers on a date in the financial year beginning in 1995 before these Regulations were made, based on reading tests administered to pupils in that financial year, multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Ealing, Gloucestershire, Kingston, Sutton and Walsall)

• (4) The number appearing to the funding authority 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 in question as the number of registered pupils at the school who have special educational needs but who do not have statements multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Croydon)

• (5) The number appearing to the funding authority to be the aggregate of the numbers of registered pupils at the school on 20th January 1994, 19th January 1995 and 18th January 1996 who were entitled to be provided with free school meals under section 22(3) or (3A) of the Education Act 1980 divided by 3 and multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Brent)

• (6) The number appearing to the funding authority 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 but who do not have statements and allocated in accordance with the allocation formula under the authority’s scheme multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Barnet, Kent, Lambeth, Surrey and Wiltshire)

• (7) The number appearing to the funding authority 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 who have special educational needs but who do not have statements multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Cumbria)

• (8) The number appearing to the funding authority to be the number treated by the authority under their scheme having regard to the “Richmond Test” (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 who have special educational needs but who do not have statements multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Enfield)

• (9) The number appearing to the funding authority to be the number treated by the authority under their scheme, for the purposes of the SEN audit as therein referred to, (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 registered pupils at the school who have special educational needs but who do not have statements multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

(Wandsworth)

• (10)

• (a) The number determined in (b) below, multiplied by the number in column (6) opposite the entry for the authority in the table in Part V.

• (b) The number appearing to the funding authority 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 who have special educational needs but who do not have statements, multiplied—

• (i) in respect of so many of the said points which relate to free school meals entitlement, by 3.9630, and

• (ii) in respect of so many of the said points which relate to the results of National Curriculum tests and tasks administered to pupils at Key Stage 2, by 20.7089.

Additional Special Educational Needs Provision.

(Barnet, Enfield, Essex, Kingston and Surrey)

8

• (1) The number appearing to the funding authority to be the number of registered pupils at the school who on 18th January 1996 were entitled to be provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by the number in column (7) opposite the entry for the authority in the table in Part V.

(Wiltshire)

• (2) In cases where the average number, calculated on a monthly basis between 1st January 1995 and 31st December 1995, of registered pupils at the school who are entitled to be provided with free school meals under section 22(3) or (3A) of the Education Act 1980, or whose mothers are in Women’s Refuges (within the meaning of the scheme), or both, (represented by “A” below) is more than 10 per cent of the number appearing to the funding authority to be the number of registered pupils at the school (represented by “B” below) on 18th January 1996, the number calculated in accordance with the formula—

$AB×A×thenumberincolumn(7)opposite the entry for that authority in the table in Part V.$

(Sutton)

• (3) 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 attracting an additional learning support supplement as defined in the scheme, the number in column (7) opposite the entry for the authority in the table in Part V.

(Derbyshire)

• (4)

• (a) If it appears to the funding authority that, having regard to the terms of the authority’s scheme for the financial year beginning in 1995, the number of registered pupils at the school entitled to be provided with free school meals under section 22(3) or (3A) of the Education Act 1980, expressed as an average of the percentage of the total number of registered pupils at the school in each of the three years preceding the financial year in question, is greater than 8.15 per cent, the number calculated in accordance with the formula—

$$(A-8.15)100$ (where A is the average percentage)$

multiplied by—

• (i) the aggregate of the pupil numbers in the various age bands determined in respect of the school under paragraph 2, and

• (ii) the number in column (7) opposite the entry for the authority in the table in Part V.

• (b) The funding authority shall in determining the numbers of registered pupils, entitled to be provided with free school meals and the total number of registered pupils referred to in (a) above use—

• (i) in the case of secondary schools maintained by the authority, the numbers determined by the authority in the autumn term in each of those three years, and

• (ii) in the case of grant-maintained secondary schools, the numbers on 19th January 1995, 20th January 1994 and 21st January 1993, determined by the funding authority.

Free School Meals (actual take up).

(All relevant authorities)

9

The number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996 (or, if that date, in the opinion of the funding authority, is not representative, such other date in January as the funding authority may determine) who were provided with free school meals under section 22(3) or (3A) of the Education Act 1980 multiplied by the number in column (8) opposite the entry for the authority in the table in Part V.

Small Schools.

(Cumbria, Hillingdon and Lambeth)

10

• (1) 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 the funding authority 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 the number in column (9) opposite the entry for the authority in the table in Part V.

(Enfield)

• (2) The number (if it appears to the funding authority that there are fewer than 730 registered pupils at the school) which appears to the funding authority to be the difference between the number of registered pupils at the school on 18th January 1996 and 730, multiplied by the number in column (9) opposite the entry for the authority in the table in Part V.

(Wiltshire)

• (3) The number (if it appears to the funding authority that there are fewer than 187 registered pupils at the school) which appears to the funding authority to be the difference between the number of registered pupils at the school on 18th January 1996 and 187, multiplied by the number in column (9) opposite the entry for the authority in the table in Part V.

(Surrey)

• (4) 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 the funding authority to be the number arrived at by calculating the difference between the aggregate of the following numbers—

• (a) the number appearing to them to be the number of registered pupils at the school on 18th January 1996 multiplied by 5/12; and

• (b) the number which they estimate will be the number of registered pupils at the school on 19th September 1996 multiplied by 7/12, and

either 720 (if greater than that aggregate number) in the case of a school without a sixth form or 870 (if greater than that aggregate number) in the case of a school with a sixth form, and then multiplying that difference by the number in column (9) opposite the entry for the authority in the table in Part V.

(Derbyshire)

• (5) The number (if it appears to the funding authority that there are fewer than 700 registered pupils at the school) which appears to the funding authority to be the difference between the aggregate of the pupil numbers in the various age bands determined under paragraph 2 in respect of the school, and 700, multiplied by the number in column (9) opposite the entry for the authority in the table in Part V.

Split Site.

(Calderdale, Enfield and Surrey)

11

• (1) (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, the number in column (10) opposite the entry for the authority in the table in Part V.)

(Essex)

• (2) 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—

• (a) the number in column (10) opposite the entry for the authority in the table in Part V; or

• (b) the number in (a) multiplied by 2, in the case of a school appearing to the funding authority to have at least two sites—

• (i) more than 0.5 but less than 4 kilometres apart as measured by the shortest available route from main door to main door in the principal building on each site, and

• (ii) where pupils travelling between those sites have to go along a public footway or road outside the curtilage of the school; or

• (c) the number in (a) multiplied by 4, in the case of a school appearing to the funding authority to have at least two such sites 4 kilometres or more apart.

(Hillingdon)

• (3)

• (a) In the case of The Douay Martyrs School, the number in column (10) opposite the entry for the authority in the table in Part V; and

• (b) in the case of Bishop Ramsey School, twice the number in column (10) opposite the entry for the authority in the table in Part V.

(Barnet)

• (4) 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, the number in column (10) opposite the entry for the authority in the table in Part V, multiplied in the case of—

• Copthall School by 1.13,

• Hasmonean High School by 1.70,

• East Barnet School by 1.92, and

• St. James' Catholic High School by 2.21.

(Brent)

• (5)

• (a) In the case of Alperton High School, the number in column (10) opposite the entry for the authority in the table in Part V; and

• (b) in the case of Kingsbury High School, the number in column (10) opposite the entry for the authority in the table in Part V multiplied by 1.76.

(Cumbria)

• (6) 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, the aggregate of the numbers determined under paragraph 2 multiplied by the number in column (10) opposite the entry for the authority in the table in Part V.

(Kent)

• (7) 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, the aggregate of the pupil numbers in the various age bands determined under paragraph 5 in respect of the school multiplied by the number in column (10) opposite the entry for the authority in the table in Part V.

(Lambeth)

• (8) 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, the number of points applicable to the school for this factor under the authority’s scheme, multiplied by the number in column (10) opposite the entry for the authority in the table in Part V.

(Wiltshire)

• (9)

• (a) 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—

• (i) the number in column (10) opposite the entry for the authority in the table in Part V, or

• (ii) in the case of a school which received the higher of two possible allocations under the authority’s scheme for the preceding financial year, the number in column (10) opposite the entry for the authority in the table in Part V multiplied by 1.5.

• (b) In the case of Hardenhuish School, the number in column (10) opposite the entry for the authority in the table in Part V.

(Derbyshire)

• (10) 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, the number in column (10) opposite the entry for the authority in the table in Part V, multiplied in the case of the schools listed in column (1) of the table below by the figure in column (2) of that table—

(1)	(2)
New Mills School	2.27
Swanwick Hall School	2.63
Lady Manners School	3.10
Highfields School	3.27
Merrill College	4.98
Long Eaton Community School	5.62
Queen Elizabeth’s School, Ashbourne	5.71
The Dronfield School	6.03
Newbold Community School	6.39
Bolsover School	6.93
Glossopdale Community College	8.63.

Floor area.

(Barnet)

12

• (1) The number appearing to the funding authority 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) as the building cleaning area—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question; and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Brent)

• (2) The number appearing to the funding authority to be the number (expressed in thousands of square feet) 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 representing the floor area of the school buildings—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question; and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Bromley)

• (3) The number appearing to the funding authority to be the number (expressed in thousands of square feet) which represents the floor area of the school buildings—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Croydon)

• (4) The number appearing to the funding authority to be the number (expressed in acres) 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 representing the site area of the school grounds—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Cumbria)

• (5) The number appearing to the funding authority 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) as the cleaned floor area of the school buildings, as therein defined,—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Ealing)

• (6) The number appearing to the funding authority to be the number (expressed in thousands of square feet) 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 representing the cleaned floor area of the school buildings, as therein defined,—

• (a) adjusted by such amount, if any as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Hertfordshire)

• (7) The number appearing to the funding authority 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) as the area of the kitchen, swimming pool and rest of the site excluding the grounds, as therein defined,—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Kent)

• (8) The number appearing to the funding authority to be the number (expressed in thousands of square metres) which represents the area of the site, referred to in the authority’s scheme as the building maintenance area,—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Lambeth)

• (9) The number appearing to the funding authority to be the number treated by the authority under their scheme (or, in the case of a grant-maintained school, the number which would have been so treated had the school been covered by the scheme) as representing the school’s floor area (expressed in square metres)—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number of registered pupils at the school on 18th January 1996 then divided by one million and then multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Derbyshire and Surrey)

• (10) The number appearing to the funding authority 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) as representing the floor area of the school buildings—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

(Walsall)

• (11) The number appearing to the funding authority 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) as representing the floor area of the school for the purposes of routine maintenance and restoration, as therein defined,—

• (a) adjusted by such amount, if any, as appears to the funding authority to be fair and reasonable to take into account any likely increases in area during the financial year in question, and

• (b) multiplied by the number in column (11) opposite the entry for the authority in the table in Part V.

Turnover.

(Essex)

13

• (1) 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 in respect of the turnover of pupils, the number appearing to the funding authority to be the number by which the turnover of pupils for the school determined in accordance with the authority’s scheme (or, in the case of a grant-maintained school, that would have been so determined, had the school been covered by the scheme) exceeds the number appearing to them to be the threshold for turnover determined in accordance with the authority’s scheme (or, in the case of a grant-maintained school, that would have been so determined, had the school been covered by the scheme) multiplied by the number in column (12) opposite the entry for the authority in the table in Part V.

(Wiltshire)

• (2) In cases where the number of registered pupils at the school who have a parent serving in the armed forces of the Crown, expressed as an average monthly percentage of the number of registered pupils at the school in each month between 1st January 1995 and 31st December 1995, is—

• (a) between 20 per cent and 35 per cent inclusive, the number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996, multiplied by the number in column (12) opposite the entry for the authority in the table in Part V; and

• (b) more than 35 per cent, the number appearing to the funding authority to be the number of registered pupils at the school on 18th January 1996, multiplied by twice the number in column (12) opposite the entry for the authority in the table in Part V.

London Weighting.

(Essex, Hertfordshire and Kent)

14

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 numbers determined under paragraph 3, 4 or 5 in respect of the school, multiplied by the number in column (13) opposite the entry for the authority in the table in Part V.

Training Targets.

(Sutton)

15

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 in respect of training targets, the number appearing to the funding authority 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 the number in column (14) opposite the entry for the authority in the table in Part V.

PART IV — CALCULATION OF A SCHOOL'S CFF SHARE

References in this Part to “the date for adjustment of last year’s estimates” mean in respect of a relevant authority the date shown opposite that authority in the table below.

Relevant Authority	Relevant Part of Paragraph 16	Date for adjustment of last year’s estimates
Barnet	A	19th October 1995
Brent	C	N/A
Bromley	A	18th January 1996
Calderdale	A	18th January 1996
Cambridgeshire	A	18th January 1996
Croydon	A	18th January 1996
Cumbria	A	18th January 1996
Derbyshire	B	18th January 1996
Ealing	C	N/A
Enfield	A	18th January 1996
Essex	C	N/A
Gloucestershire	A	18th January 1996
Hertfordshire	A	18th January 1996
Hillingdon	A	15th September 1995
Kent	C	N/A
Kingston	C	N/A
Lambeth	C	N/A
Lincolnshire	C	N/A
Surrey	A	21st September 1995
Sutton	C	N/A
Walsall	A	15th September 1995
Wandsworth	A	28th September 1995
Wiltshire	C	N/A

Calculation of a school’s CFF share in existing CFF areas : Authorities which use estimates of pupil numbers

16A

• (1) 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 the date for adjustment of last year’s estimates 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, as the case may be, in the preceding financial year, would be at the school on that date then the funding authority shall, subject to sub-paragraph (3), determine an amount in respect of each 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 (1), (2), (3) or (4) in the table in Part VI in relation to that age band and by 7/12;

• (b) multiplying the number calculated in accordance with (a) above by the “amount per pupil” used in respect of the school under the 1995 Regulations;

• (c) subtracting from the amount calculated in accordance with (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; and

• (d) subtracting from or adding to, as appropriate, the amount calculated in accordance with (c) above such amount, if any, as appears to them to be fair and reasonable, having consulted the 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.

• (2) For the purposes of this paragraph—

• (a) the amount referred to in respect of each school as “the 1995-96 CFF floor” is the amount determined in respect of each school under regulation 43(1);

• (b) the amount referred to in respect of each school as “the pure 1995-96 CFF share” is the amount calculated in respect of each school under regulation 30(2) or (3)(b) of the 1995 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 1995-96 CFF floor less the pure 1995-96 CFF share. (Where a school’s pure 1995-96 CFF share is less than its 1995-96 CFF floor this figure will be positive, and where the pure 1995-96 CFF share is greater than the 1995-96 CFF floor this figure will be negative).

• (3) The funding authority shall, in a case where regulation 31 (10) of the 1995 Regulations applied, reduce the amount determined under sub-paragraph (1) to zero and otherwise shall—

• (a) in a case where the amount determined under sub-paragraph (1) 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 sub-paragraph (1) by a sum equal to the deviation from the CFF floor;

• (b) in a case where the amount determined under sub-paragraph (1) 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 sub-paragraph (1) to zero;

• (c) in a case where the amount determined under sub-paragraph (1) 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 sub-paragraph (1) to be equal to the deviation from the CFF floor.

• (4) The funding authority shall determine the number (referred to in sub-paragraph (5) as the “total number of base units for the authority”) which is the aggregate of the number of base units for each school determined under that part of Part I applicable to the authority.

• (5) The funding authority shall determine the amount (referred to in sub-paragraph (6) as the “amount per pupil”) obtained by dividing the secondary schools total for the authority, less the aggregate for the authority of the amounts for each category of pupils in each school determined under sub-paragraph (1), by the total number of base units for the authority.

• (6) The funding authority shall determine the amount (referred to in sub-paragraph (7) as the “number of funding units for the school”) obtained by adding to the figure which is the number of base units for the school the amount which is equal to the figure determined under sub-paragraph (1) divided by the amount per pupil.

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

Calculation of a school’s CFF share: Derbyshire County Council.

B

• (1) 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 the date for adjustment of last year’s estimates, 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, as the case may be, in the preceding financial year, would be at the school on that date then the funding authority shall, determine an amount in respect of each 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 (1), (2), (3) or (4) in the table in Schedule 5 in relation to that age band and by 7/12;

• (b) multiplying the number calculated in accordance with (a) above by the age band 3 unit cost for the authority in column (5) in the table in Schedule 5;

• (c) subtracting from the amount calculated in accordance with (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; and

• (d) subtracting from, or adding to, as appropriate, the amount calculated in accordance with (c) above such amount, if any, as appears to the funding authority to be fair and reasonable, having consulted the 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.

• (2) The funding authority shall determine the number (referred to in sub-paragraph (3) as the “total number of base units for the authority”) which is the aggregate of the number of base units for each school determined under paragraph 1(8) in Part I.

• (3) The funding authority shall determine the amount (referred to in sub-paragraph (4) as the “amount per pupil”) obtained by dividing the secondary schools total for the authority, less the aggregate for the authority of the amounts for each category of pupils in each school determined under sub-paragraph (1), by the total number of base units for the authority.

• (4) The funding authority shall determine the amount (referred to in sub-paragraph (5) as the number of funding units for the school) obtained by adding to the figure which is the number of base units for the school the amount which is equal to the figure determined under sub-paragraph (1) divided by the amount per pupil.

• (5) 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 number of funding units for the school.

Calculation of a school’s CFF share : Authorities which do not use estimates of pupil numbers other than the London Borough of Brent.

C

• (1) The funding authority shall determine the number (referred to in sub-paragraph (2) as the “total number of funding units for the authority”) which is the aggregate of the number of funding units for each school determined under that part of Part I applicable to the authority.

• (2) The funding authority shall determine the amount (referred to in sub-paragraph (3) as the “amount per pupil”) obtained by dividing the secondary schools total for the authority by the total number of funding units for the authority.

• (3) 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 number of funding units for the school.

Calculation of a school’s CFF share: London Borough of Brent.

D

• (1) The funding authority shall determine the number (referred to in sub-paragraph (3) as the “total number of funding units for the authority”) which is the aggregate of the number of funding units for each school determined under paragraph 1(2) in Part I.

• (2) The funding authority shall determine an amount which is 0.8 per cent of the secondary schools total for the authority (“the total contingency amount”).

• (3) The funding authority shall determine the amount (referred to in sub-paragraph (4) as the “amount per pupil”) obtained by dividing the secondary school’s total for the authority, less the total contingency amount defined in sub-paragraph (2), by the total number of funding units for the authority.

• (4) 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 number of funding units for the school.

• (5) The funding authority shall determine an amount (referred to in sub-paragraph (6) as the “additional amount per pupil”) by dividing the total contingency amount by the aggregate of the numbers appearing to them to be the numbers of registered pupils referred to in paragraph 3 in Part II on 18th January 1996 at each grant-maintained secondary school in the area of the authority and each secondary school maintained by it.

• (6) The funding authority shall add to the CFF share for each secondary school maintained by the authority an amount which is the number of registered pupils at the school on 18th January 1996 multiplied by the additional amount per pupil.

• (7) The funding authority shall determine as the “GM contingency amount” the amount which is the difference between the aggregate of the amounts referred to in sub-paragraph (6) for each secondary school maintained by the authority and the total contingency amount.

PART V — FACTOR NUMBERS TABLE

	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)
CFF Area	Age Band 2	Age Band 3	Age Band 4	Age Band 5	Fixed	SEN	SEN Additional	FSM Take up	Small	Split	Area	Turnover	London Weighting	Training Targets
Barnet		1.0000	1.2400	1.6400	68.5100	0.0274	0.0490	0.1393		35.3967	11.9203
Brent		1.0000	1.1000	1.3000	23.9283	0.0824		0.1449		80.7778	0.6549
Bromley		1.0000	1.2200	1.9400	74.4329	0.3126		0.1709			0.5657
Calderdale		1.0000	1.2200	1.2500	54.5331	4.8065		0.1091		21.8132
Cambridgeshire	0.7300	1.0000	1.2700	1.6600	110.3674	0.1961		0.1657
Croydon		1.0000	1.0600	1.5300	7.7733	0.2563		0.0816			3.8188
Cumbria		1.0000	1.2000	1.5700	15.9042	0.3483		0.1172	0.2037	0.0137	8.1365
Derbyshire		1.0000	1.2000	1.4200	32.7698	0.1578	0.3126	0.1924	0.2067	9.1293	12.6978
Ealing		1.0000	1.1900	1.2500	40.6897	0.0367		0.1429			0.9048
Enfield		1.0000	1.2800	1.6400	128.5244	0.1372	0.1816	0.1523	0.4658	37.2084
Essex		1.0000	1.2200	1.5700	108.3577	8.6237	0.0731	0.1813		20.9986		0.3339	0.0200
Gloucestershire		1.0000	1.2800	1.6800	117.7078	0.1248		0.2081
Hertfordshire	0.6900	1.0000	1.2800	1.3900	10.5956	0.2428		0.1152			5.0614		0.0200
Hillingdon		1.0000	1.1700	1.5000	50.4686	0.1451		0.1113	0.1704	35.0036
Kent	0.6900	1.0000	1.1400	1.5000	28.4160	0.0895		0.1478		0.0130	9.3457		0.0200
Kingston		1.0000	1.0000	1.4600	109.0096	0.1939	0.1862	0.1573
Lambeth		1.0000	1.1200	1.3000	4.7895	0.0734		0.1356	0.3754	4.2458	9.8644
Lincolnshire		1.0000	1.0000	1.4800	47.7749			0.0924
Surrey		1.0000	1.1300	1.5900	80.7360	0.1239	0.0922	0.1480	0.2073	30.1908	4.6134
Sutton		1.0000	1.0700	1.5200	88.9594	0.6352	4.5814	0.1833						0.2471
Walsall		1.0000	1.2900	1.4100	59.6899	0.2803		0.1655			6.6181
Wandsworth		1.0000	1.6200	1.8700	65.3382	0.0320		0.1399
Wiltshire	0.7700	1.0000	1.3200	1.7700	74.6779	0.8215	0.2502	0.2381	0.7601	32.5627		0.0280

PART VI — TABLE

This is the table, referred to in paragraph 16A of Schedule 4, used to calculate retrospective pupil number adjustments for existing CFF areas which use estimates of pupil numbers in their pupil counts.

	(1)	(2)	(3)	(4)
Existing CFF Areas with estimates	Age Band 2	Age Band 3	Age Band 4	Age Band 5
Barnet		1.00000	1.24000	1.64000
Bromley		1.00000	1.22000	1.94000
Calderdale		1.00000	1.22000	1.25000
Cambridgeshire	0.73000	1.00000	1.27000	1.66000
Croydon		1.00000	1.06000	1.53000
Cumbria		1.00000	1.20000	1.57000
Enfield		1.00000	1.28000	1.64000
Gloucestershire		1.00000	1.28000	1.70000
Hertfordshire	0.69000	1.00000	1.28000	1.39000
Hillingdon		1.00000	1.05000	1.42000
Surrey		1.00000	1.13000	1.59000
Walsall		1.00000	1.29000	1.41000
Wandsworth		1.00000	1.62000	1.87000

SCHEDULE 5 — Amounts for Age Bands and Age Band 3 Unit Costs

TABLE

This table is used in the determination of the CFF floor of a school situated in a new CFF area to adjust for incorrect estimates of registered pupils (regulation 43(8)). It is also used in the determination of the CFF floor of a school situated in the area of any relevant authority to adjust for increases and decreases in the number of registered pupils between 19th January 1995 and 18th January 1996 (regulation 43(9)). The table is also used in paragraph 16B of Schedule 4 in the calculation of retrospective pupil number adjustments.

	(1)	(2)	(3)	(4)	(5)
Relevant Authority	Age Band 2	Age Band 3	Age Band 4	Age Band 5	Age Band 3 Unit Cost £
Barnet		1.00000	1.24455	1.64354	1,570.40
Brent		1.00000	1.10390	1.29870	1,780.01
Bromley		1.00000	1.22000	1.94000	1,552.00
Calderdale		1.00000	1.22000	1.25000	1,580.42
Cambridgeshire	0.72651	1.00000	1.26875	1.66250	1,467.58
Croydon		1.00000	1.05507	1.53296	1,785.19
Cumbria		1.00000	1.20212	1.57306	1,375.34
Derbyshire		1.00000	1.19847	1.41953	1,452.96
Enfield		1.00000	1.27516	1.63851	1,672.37
Essex		1.00000	1.22000	1.57000	1,521.46
Gloucestershire		1.00000	1.28000	1.73000	1,208.00
Hertfordshire	0.69269	1.00000	1.27707	1.38927	1,660.10
Hillingdon		1.00000	1.05000	1.42000	1,628.71
Kent	0.68712	1.00000	1.14375	1.49976	1,602.16
Kingston		1.00000	1.00000	1.45600	1,762.74
Lambeth		1.00000	1.12414	1.29652	2,056.49
Lincolnshire		1.00000	1.00010	1.47895	1,777.72
Surrey		1.00000	1.13452	1.59086	1,528.67
Sutton		1.00000	1.06893	1.51746	1,601.35
Walsall		1.00000	1.29130	1.41340	1,363.74
Wandsworth		1.00000	1.62444	1.87460	1,554.58
Wiltshire	0.77109	1.00000	1.31740	1.77495	1,569.98

SCHEDULE 6 — 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 7 — EXPENDITURE IN RESPECT OF WHICH SPECIAL PURPOSE GRANTS MAY BE PAID

1

In this Schedule—

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

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

2

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

• (a) expenditure for or in connection with any of the purposes relevant to schools for which grants for education support and training are for the time being payable to local education authorities by virtue of regulations made under section 1 of the Education (Grants and Awards) Act 1984[^f00026];

• (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;

• (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[^f00027]; and

• (e) expenditure in respect of expenses which it appears to the funding authority the governing bodies of primary schools with fewer than 150 registered pupils cannot reasonably be expected to meet from maintenance grant being expenses incurred or to be incurred for or in connection with—

• (i) the procurement of professional advice for the purposes of the school; and

• (ii) staff absences.

Signed

Robin Squire — Parliamentary Under Secretary of State, — Department for Education and Employment — 20th March 1996

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 and Grant-maintained Special Schools) (Finance) Regulations 1995 (“the 1995 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 1996-97 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 1996 and special schools, on a similar basis to that provided for under Part 2 of the 1995 Regulations, save that—

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

• (2) provisions are made in respect of local education authorities and schools affected by local government reorganisation (regulations 6(5), 7(2), 15(2), 30(2) and 31);

• (3) in the case of a school, which becomes grant-maintained pursuant to proposals published under section 49 of the Education Act 1993 and which possesses a characteristic which is relevant to its needs but which is not reflected in the allocation formula in the local education authority’s scheme, the funding authority may, in determining the amount of maintenance grant payable in respect of that school, add such amount in respect of that characteristic as they consider to be fair and reasonable (regulations 6(8) and 19(4));

• (4) Central AMG, being a notional amount representing certain kinds of expenditure for the purposes of the school which, in the case of a school maintained by a local education authority, do not form part of the school’s budget share, is calculated on the basis of an aggregate sum which includes the amount which the funding authority estimate they will pay to the governing body of the school as special purpose grant in respect of specified nursery education (regulation 8(2));

• (5) 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 not only makes no such provision for the financial year in question but has never made any such provision (regulation 9(2)(b) and (3));

• (6) the provisions relating to cash protection for schools are modified (regulation 10);

• (7) the provision under which the funding authority may determine an amount, in respect of the education of junior pupils who have not attained the age of 5 years, which they are satisfied is fair and reasonable is modified to take into account grant payable to certain local education authorities in connection with vouchers for nursery education (regulation 23);

• (8) the provision made in the 1995 Regulations for the funding authority to deduct from the amount of maintenance grant amounts in respect of deficits incurred in the school’s budget share in previous financial years before it became grant-maintained is modified so that in the financial year beginning on 1st April 1996 the funding authority take into account, in determining how much of such deficits to deduct, amounts which they have already deducted in that respect from the school’s maintenance grant in the preceding financial year under the 1995 Regulations, (thereby allowing the funding authority to deduct over a number of years amounts representing the total amount of such deficits) (regulation 25(3));

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 23 listed local education authorities, which became a grant-maintained school on or before 1st April 1996. Part 3 does not apply to special schools. The basis of determination is similar to that under Part 3 of the 1995 Regulations save that—

• (1) provision is made to allow the funding authority to add to the CFF share (as defined in regulation 37(2)) of a school whose maintenance grant falls to be determined under Part 3, an amount determined by reference to funding for pupils with statements of special educational needs or, in the case of Cumbria County Council only, identified pupils with special educational needs who do not have statements, or places in schools, other than special schools, for pupils with special educational needs allocated in accordance with the allocation formula under the local education authority’s scheme (regulation 42(4));

• (2) the provision made in the 1995 Regulations 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 is modified so that in the financial year beginning on 1st April 1996 the funding authority take into account, in determining how much of such deficits to deduct, amounts which they have previously deducted in that respect from the school’s CFF share in the preceding financial year under the 1995 Regulations (thereby allowing the funding authority to deduct over a number of years amounts representing the total amount of such deficits) (regulation 42(6));

• (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 modified and allows the Secretary of State to determine the amount of the floor (regulation 43);

• (4) provision is made for increases in funding for schools in the London Borough of Brent which have increases in pupil numbers and whose maintenance grant falls to be determined under Part 3 (regulation 52 and paragraph 16D of Schedule 4).

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 1995 Regulations save that special purpose grants may also be paid to meet expenditure in respect of expenses incurred or to be incurred by the governing bodies of primary schools with fewer than 150 registered pupils for or in connection with staff absences and the procurement of professional advice.

The funding authority may also impose requirements as to the repayment of the amount of capital grant or as to the payment of the value of any premises or equipment in respect of which capital grant was paid, if conditions specified in those requirements are satisfied. The funding authority already has this power in relation to special purpose grants.

Consequent on section 93 of the 1993 Act, Part 5 of the Regulations, as did Part 5 of the 1995 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. 1995/936; amended by S.I. 1995/1554.

[^f00004]: Section 51(2)(a) was amended by section 274(4) of the Education Act 1993.

[^f00005]: S.I. 1994/653; amended by S.I. 1994/1231.

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