The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1997

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 table 1 in Part VI.

Swindon 4 In cases where the average number, calculated on a monthly basis between 1st January 1996 and 31st December 1996 excluding August, of registered pupils at the school who are entitled to be provided with free school meals under section 512(3) or (5) of the 1996 Act, or whose mothers are in Women’s Refuges, 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 16th January 1997, the number calculated in accordance with the formula— $AB×A×thenumberincolumn(7)oppositetheentryforthatauthorityintable1in Part VI.$

Free School Meals (actual take up)

(All relevant authorities)

7

The number appearing to the funding authority to be the number of registered pupils at the school on 16th January 1997 (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 512(3) or (5) of the 1996 Act multiplied by the number in column (8) opposite the entry for the authority in table 1 in Part VI or, in the case of a primary school, in table 2 in Part VI.

Small Schools

(Bournemouth, Cumbria, Hillingdon, Lambeth, Poole, Trafford and Wiltshire)

8

• (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 of pupils below the relevant threshold or the number of points attributable to such pupils, as the case may be, 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 table 1 in Part VI or, in the case of a primary school, in table 2 in Part VI.

Derby and Derbyshire 2 The number 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 3A in respect of the school, and 700, (if greater than that aggregate number) multiplied by the number in column (9) opposite the entry for the authority in table 1 in Part VI.

Enfield 3 The number 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 3A in respect of the school, and 730 (if greater than that aggregate number) multiplied by the number in column (9) opposite the entry for the authority in table 1 in Part VI.

Rutland 4 The number 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 3A in respect of the school, and 720, (if greater than that aggregate number) multiplied by the number in column (9) opposite the entry for the authority in table 1 in Part VI.

Surrey 5 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 16th January 1997 multiplied by 5/12; and b the number which they estimate will be the number of registered pupils at the school on 18th September 1997 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 table 1 in Part VI.

Split Site

(Calderdale, Enfield, Hertfordshire, Milton Keynes and Surrey)

9

• (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 table 1 in Part VI.

Essex as a secondary relevant authority 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 table 1 in Part VI; 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 as a secondary relevant authority) 3 a In the case of The Douay Martyrs School, the number in column (10) opposite the entry for the authority in table 1 in Part VI; and b in the case of Bishop Ramsey School, twice the number in column (10) opposite the entry for the authority in table 1 in Part VI.

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 table 1 in Part VI, multiplied in the case of a school listed in column (1) of the table below by the figure in column (2)— (1)(2) Hasmonean High School, Barnet1.70East Barnet School, Barnet1.96

(Bournemouth, Brent and Trafford) 5 a In the case of St Peter’s RC School, Bournemouth, Alperton High School, Brent and Altrincham Girls Grammar School, Trafford, the number in column (10) opposite the entry for the authority in table 1 in Part VI; b in the case of Kingsbury High School, Brent, the number in column (10) opposite the entry for the authority in table 1 in Part VI multiplied by 1.76; and c in the case of Sale Grammar School, Trafford, the number in column (10) opposite the entry for the authority in table 1 in Part VI multiplied by 3.54.

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 3A multiplied by the number in column (10) opposite the entry for the authority in table 1 in Part VI.

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 3D in the school multiplied by the number in column (10) opposite the entry for the authority in table 1 in Part VI.

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 table 1 in Part VI.

Derby 9 Where it appears to the funding authority that the school has at least two sites 500 metres or more apart when measured from the nearest points of access to each site, the number in column (10) opposite the entry for the authority in table 1 in Part VI.

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 table 1 in Part VI, 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 School2.29Swanwick Hall School2.60Lady Manners School3.17Highfields School5.29Long Eaton Community School5.47Queen Elizabeth’s School, Ashbourne5.89The Dronfield School5.96Newbold Community School6.13Bolsover School3.48Glossopdale Community College8.55.

(Gloucestershire as a primary relevant authority) 11 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 table 2 in Part VI; 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 more than one mile apart.

(Swindon and Wiltshire) 12 a Where it appears to the funding authority that the school has, having regard to the relevant provisions of Wiltshire County Council’s scheme, a split site— i the number in column (10) opposite the entry for the authority in table 1 in Part VI, or ii in the case of a school which received the higher of two possible allocations under that scheme for the preceding financial year, or would have received it had the school been covered by Wiltshire County Council’s scheme, the number in column (10) opposite the entry for the authority in table 1 in Part VI multiplied by 1.5. b In the case of Hardenhuish School, the number in column (10) opposite the entry for the authority in table 1 in Part VI.

Floor area

(Barnet)

10

• (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 table 1 in Part VI.

Bournemouth, Ealing and Poole 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 school’s cleaning area or the cleaned floor area of the school building, as the case may be, 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 table 1 in Part VI.

Brent 3 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 table 1 in Part VI.

Bromley 4 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 table 1 in Part VI.

Croydon 5 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 table 1 in Part VI.

Cumbria 6 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 table 1 in Part VI.

(Derby, Derbyshire, Hillingdon as a primary relevant authority, Kent, Luton, Surrey and Trafford) 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 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 table 1 in Part VI or, in the case of a primary school, in table 2 in Part VI.

Hertfordshire 8 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 table 1 in Part VI.

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 16th January 1997 then divided by one million and then multiplied by the number in column (11) opposite the entry for the authority in table 1 in Part VI.

Milton Keynes 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 security area for the school 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 table 1 in Part VI.

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 table 1 in Part VI.

Turnover

(Essex as a secondary relevant authority)

11

• (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 table 1 in Part VI.

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 1996 and 31st December 1996, is— a greater than 20 per cent and less than 50 per cent inclusive, the number appearing to the funding authority to be the number of registered pupils at the school on 16th January 1997, multiplied by A and multiplied by the number in column (12) opposite the entry for the authority in table 1 in Part VI; and b greater or equal to 50 per cent, the number appearing to the funding authority to be the number of registered pupils at the school on 16th January 1997, multiplied by three times the number in column (12) opposite the entry for the authority in table 1 in Part VI, where $Ais1+((thepercentageinquestion-20)×1/15)$

(Essex as a primary relevant authority) 3 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 turnover of pupils multiplied by the number in column (12) opposite the entry for the authority in table 2 in Part VI.

Gloucestershire as a primary relevant authority 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 in respect of registered pupils who have a parent serving in the armed forces of the Crown, the number appearing to the funding authority to be the number by which the number of such pupils 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 such pupils 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 table 2 in Part VI.

London Weighting

(Essex, Hertfordshire and Kent)

12

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 3B, 3C, 3D or 3E in respect of the school, multiplied by the number in column (13) opposite the entry for the authority in table 1 in Part VI or, in the case of a primary school, in table 2 in Part VI.

Training Targets

(Sutton)

13

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 table 1 in Part VI.

Joint Use

(Luton)

14

• (a) In the case of Stopsley High School the number in column (15) opposite the entry for the authority in table 1 in Part VI, and

• (b) in the case of a school listed in column (1) of the table below, that number multiplied by the figure in column (2) of that table—

(1)	(2)
Putteridge High School	2.50
Lea Manor School	2.73

Nursery Units

(Hillingdon as a primary relevant authority)

15

• (1) Where it appears to the funding authority that a nursery class has the number of places in column (1) of the table below, the number appearing to the funding authority to be the difference between the aggregate of—

• (a) the number appearing to the funding authority to be the number of registered pupils in the class on 16th January 1997 multiplied by 7/12; and

• (b) the number which they estimate will be the number of registered pupils in the class on 23rd April 1997 multiplied by 5/12, and

the number in column (2) of that table opposite the relevant number of places in column (1), multiplied by the number in column (14) opposite the entry for the authority in table 2 in Part VI.

(1)	(2)
Number of places in the nursery class	Relevant number
20 (see (2) below)	30
25	31
30	32
40	43
50	63
60	69
45	57
35	42
65	74

• (2) Where there are 2 nursery classes each with 20 places the relevant number in column (2) of the table for those 2 classes combined shall be 61.

PART V — 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.

Secondary Relevant Authority	Relevant Part of Paragraph 16	Date for adjustment of last year’s estimates
Barnet	A	17th October 1996
Bournemouth	B	16th January 1997
Brent	D	N/A
Bromley	A	16th January 1997
Calderdale	A	16th January 1997
Cambridgeshire	A	16th January 1997
Croydon	A	16th January 1997
Cumbria	A	16th January 1997
Derby	A	16th January 1997
Derbyshire	A	16th January 1997
Ealing	C	N/A
Enfield	A	16th January 1997
Essex	C	N/A
Gloucestershire	A	16th January 1997
Hertfordshire	A	16th January 1997
Hillingdon	A	19th September 1996
Kent	C	N/A
Kingston	C	N/A
Lambeth	C	N/A
Lincolnshire	C	N/A
Luton	B	19th September 1996
Milton Keynes	B	16th January 1997
Poole	B	16th January 1997
Rutland	B	28th August 1996
Surrey	A	19th September 1996
Sutton	C	N/A
Swindon	C	N/A
Trafford	B	16th January 1997
Walsall	A	13th September 1996
Wandsworth	A	19th September 1996
Wiltshire	C	N/A
Primary Relevant Authority
---	---	---
Essex	E	N/A
Gloucestershire	E	N/A
Hillingdon	F	N/A

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

16A

• (1) Sub-paragraphs (2) to (5) shall not apply in respect of new schools.

• (2) 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 (5), 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 VII 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 1996 Regulations;

• (c) subtracting from or adding to, as appropriate, the amount calculated in accordance with (b) 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 494 of the 1996 Act;

• (d) subtracting from the amount calculated in accordance with (c) above any amount previously made available for the purposes of the school because of an increase in the number of registered pupils in that age band at the school; and

• (e) subtracting from the amount calculated in accordance with (d) above any amount determined in respect of the school under regulation 45(7) of the 1996 Regulations in relation to that age band.

• (3)

• (a) If after performing the operation in sub-paragraph (2)(c) above, the result is a positive number then the amount determined under sub-paragraph (2) is either the amount which results from carrying out the operation in sub-paragraph (2)(e) above or zero whichever is the greater.

• (b) If after performing the operation in sub-paragraph (2)(c) above, the result is a negative number then the amount determined under sub-paragraph (2) is the amount which results from carrying out the operation in sub-paragraph (2)(e) above.

• (4) For the purposes of this paragraph—

• (a) the amount referred to in respect of each school as “the 1996–97 CFF floor” is the amount determined in respect of each school under regulation 48(1);

• (b) the amount referred to in respect of each school as “the pure 1996-97 CFF share” is the amount calculated in respect of each school under regulation 40(1) or (2)(b) of the 1996 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 1996–97 CFF floor less the pure 1996–97 CFF share[^f00028].

• (5) The funding authority shall, in a case where regulation 43(11) of the 1996 Regulations applied, reduce the aggregate of the amounts determined under sub-paragraph (5) in respect of the school to zero and otherwise shall—

• (a) in a case where the aggregate of the amounts determined under sub-paragraph (2) in respect of the school is greater than the deviation from the CFF floor and the deviation from the CFF floor is greater than zero reduce that aggregate amount by a sum equal to the deviation from the CFF floor;

• (b) in a case where the aggregate of the amounts determined under sub-paragraph (2) in respect of the school 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 that aggregate amount to zero;

• (c) in a case where the aggregate of the amounts determined under sub-paragraph (2) in respect of the school is less than the deviation from the CFF floor and the deviation from the CFF floor is less than zero, redetermine that aggregate amount to be equal to the deviation from the CFF floor.

• (6) The funding authority shall determine the number (referred to in sub-paragraph (7) as the “total number of secondary 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.

• (7) The funding authority shall determine the amount (referred to in sub-paragraph (8) as the “amount per pupil”) obtained by dividing the secondary schools total for the authority, less the aggregate for the authority of the amounts determined under sub-paragraph (2) in respect of each school, by the total number of secondary base units for the authority.

• (8) The funding authority shall determine the amount (referred to in sub-paragraph (9) 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, if any, which is equal to the aggregate of the amounts determined under sub-paragraph (2) in respect of the school divided by the amount per pupil.

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

Calculation of a school’s CFF share: Bournemouth, Luton, Milton Keynes, Poole, Rutland and Trafford

B

• (1) Paragraph (2) shall not apply in respect of new schools.

• (2) 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 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 table 1 in Schedule 6 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 table 1 in Schedule 6;

• (c) subtracting from, or adding to, as appropriate, the amount calculated in accordance with (b) 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 494 of the 1996 Act;

• (d) subtracting from the amount calculated in accordance with (c) above any amount previously made available for the purposes of the school because of an increase in the number of registered pupils in that age band at the school; and

• (e) subtracting from the amount calculated in accordance with (d) above any amount determined in respect of the school under regulation 45(7) of the 1996 Regulations in relation to that age band.

• (3)

• (a) If after performing the operation in sub-paragraph (2)(c) above, the result is a positive number then the amount determined under sub-paragraph (2) is either the amount which results from carrying out the operation in sub-paragraph (2)(e) above or zero whichever is the greater.

• (b) If after performing the operation in sub-paragraph (2)(c) above, the result is a negative number then the amount determined under sub-paragraph (2) is the amount which results from carrying out the operation in sub-paragraph (2)(e) above.

• (4) The funding authority shall determine the number (referred to in sub-paragraph (5) as the “total number of secondary 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 (2), by the total number of secondary 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, if any, which is equal to the aggregate of the amounts determined under sub-paragraph (2) in respect of the school 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: Secondary relevant 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 secondary 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 secondary 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(3) 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 adjusted 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 3B in Part III on 16th January 1997 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 16th January 1997 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.

Calculation of a school’s CFF share: Primary relevant authorities, Essex and Gloucestershire

E

• (1) The funding authority shall determine the amounts which are in their opinion—

• (a) the amount by which each CFF share calculated in respect of each grant-maintained and new grant-maintained primary school situated in the area of the authority and each primary school and new primary school maintained by that authority under regulation 42(3) would be reduced or increased by the application of the allocation formula in the authority’s scheme regarding the adjustments for teachers' salaries in small schools;

• (b) the aggregate of such amounts; and

the funding authority shall treat amounts by which CFF shares are reduced as negative numbers and amounts by which CFF shares are increased as positive numbers.

• (2) The funding authority shall determine the number (referred to in sub-paragraph (3) as the “total number of primary base units for the authority”) which is the aggregate of the number of base units for each school under that part of Part II applicable to the authority.

• (3) The funding authority shall determine the amount (referred to in sub-paragraph (4) as the “amount per pupil”) obtained by dividing the adjusted primary schools total for the authority, minus the aggregate amount for the authority determined under sub-paragraph (1)(b), by the total number of primary 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)(a) for the school 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: Hillingdon as a primary relevant authority

F

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

PART VI

	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)
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	Joint use
	Barnet	1.0000	1.2400	1.6400	68.5100	0.0083	0.0490	0.1393		35.3967	11.9203
Bournemouth		1.0000	1.5800	1.8500	68.3310	0.1416		0.1705	0.1427	20.9774	1.0450
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
City of Derby		1.0000	1.2000	1.4200	20.5784	0.4468		0.2152	0.2297	46.6628	10.6977
Derbyshire		1.0000	1.2000	1.4200	34.5661	0.3644		0.1930	0.2106	8.9285	11.4128
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	1.6700	110.2432	0.1238		0.2064
Hertfordshire	0.6900	1.0000	1.2800	1.3900	10.5954	0.2421		0.1171		67.5327	5.0532		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
Luton		1.0000	1.3800	1.7000	48.7297	0.0824		0.1657			7.6110				31.4187
Milton Keynes		1.0000	1.1600	1.6900	30.1939	0.4887	0.0459	0.1812		12.8898	4.8310
Poole	0.7800	1.0000	1.5700	1.8500	43.8750	0.1322		0.1684	0.0887		1.3440
Rutland		1.0000	1.1700	1.1700	119.6597	0.4286		0.1780	0.9000
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	0.6532	4.5814	0.1833						0.2471
Swindon		1.0000	1.3200	1.7700	74.6779	0.8215	0.2502	0.2381		32.5627
Trafford		1.0000	1.3000	1.6100	23.1032	0.5048		0.1547	0.2626	15.7878	17.1299
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	75.4806	0.7978		0.2695	0.7611	33.0729		0.0285
	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)
---	---	---	---	---	---	---	---	---	---	---	---	---	---	---
CFF Area	Age Band 1P	Age Band 2P	Age Band 3P	Age Band 4P	Fixed	SEN	SEN Additional	FSM Take up	Small	Split	Area	Turnover	London Weighting	Nursery Unit
Essex	1.4400	1.0200	1.0200	1.0000	42.7295	0.1241	0.1910	0.2018				0.2375	0.0200
Gloucestershire	1.0700	1.0700	1.0700	1.0000	31.5468	0.0148		0.2077		12.7892		0.1108
Hillingdon	1.2400	1.0100	1.0100	1.0000	52.1614	0.0709		0.2606	0.2234		11.9128			1.1800

PART VII — TABLE

This is the table referred to in paragraph 16A of this Schedule, 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		1.0000	1.2400	1.6400
Bromley		1.0000	1.2200	1.9400
Calderdale		1.0000	1.2200	1.2500
Cambridgeshire	0.7300	1.0000	1.2700	1.6600
Croydon		1.0000	1.0600	1.5300
Cumbria		1.0000	1.2000	1.5700
City of Derby		1.0000	1.2000	1.4200
Derbyshire		1.0000	1.2000	1.4200
Enfield		1.0000	1.2800	1.6400
Gloucesteshire		1.0000	1.2800	1.6800
Hertfordshire	0.6900	1.0000	1.2800	1.3900
Hillingdon		1.0000	1.1700	1.5000
Surrey		1.0000	1.1300	1.5900
Walsall		1.0000	1.2900	1.4100
Wandsworth		1.0000	1.6200	1.8700

SCHEDULE 6 — AMOUNTS FOR AGE BANDS AND AGE BANDS 3 AND 2P UNIT COSTS

TABLE 1

Amounts for Age Bands and Age Band 3 Unit Costs for Secondary Relevant Authorities

This table is used in the determination of the CFF floor of a secondary school situated in a secondary relevant authority which is a new CFF area to adjust for incorrect estimates of registered pupils (regulation 48(10)). It is also used in the determination of the CFF floor of a secondary school situated in the area of any secondary relevant authority to adjust for increases and decreases in the number of registered pupils between 18th January 1996 and 16th January 1997 (regulation 48(11)). The table is also used in paragraph 16B of Schedule 5 in the calculation of retrospective pupil number adjustments.

Relevant authority	(1)Age Band 2	(2)Age Band 3	(3)Age Band 4	(4)Age Band 5	(5)Age Band 3
					Unit Cost £
Barnet		1.00000	1.24455	1.64354	1,570.40
Bournemouth		1.00000	1.57797	1.85397	1,236.45
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
City of Derby		1.00000	1.19847	1.41953	1,452.96
Derbyshire		1.00000	1.19847	1.41953	1,452.96
Ealing		1.00000	1.19497	1.25000	1,614.22
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	1.12415	1.29652	2,056.49
Lincolnshire		1.00000	1.00010	1.47895	1,777.72
Luton		1.00000	1.37922	1.70592	1,419.16
Milton Keynes		1.00000	1.15184	1.67405	1,448.97
Poole	0.77941	1.00000	1.57797	1.85397	1,236.45
Rutland		1.00000	1.17055	1.17055	1,584.20
Surrey		1.00000	1.13452	1.59086	1,528.67
Sutton		1.00000	1.06893	1.51746	1,601.35
Swindon		1.00000	1.31740	1.77495	1,569.98
Trafford		1.00000	1.30195	1.61273	1,495.51
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

TABLE 2

Amounts for Age Bands and Age Band 2P Unit Costs for Primary Relevant Authorities

This table is used in the determination of the CFF floor of a primary school situated in a primary relevant authority which is a new CFF area to adjust for incorrect estimates of registered pupils (regulation 48(10)). It is also used in the determination of the CFF floor of a primary school situated in the area of any primary relevant authority to adjust for increases and decreases in the number of registered pupils between 18th January 1996 and 16th January 1997 (regulation 48(11)).

Relevant authority	Age Band 1P	Age Band 2P	Age Band 3P	Age Band 4P	Age Band 2P
					Unit Cost £
Essex	1.43817	1.01648	1.01648	1.0000	1,191.08
Gloucestershire	1.06545	1.06545	1.06545	1.0000	1,039.00
Hillingdon	1.24343	1.00941	1.00941	1.0000	1,193.23

SCHEDULE 7 — PRIMARY SCHOOLS' SHARES OF AVAILABLE OR CONTINGENCY AMOUNT

1

In this Schedule “school” means a grant-maintained primary school situated in the area of the primary relevant authority concerned or a primary 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 16th January 1997.

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 53(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 primary school in the area of the relevant authority the amount obtained by multiplying the amount determined under paragraph 4 by the number of registered pupils at the school determined in accordance with paragraph 2.

SCHEDULE 8 — EXPENDITURE OF A CAPITAL NATURE

1

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

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

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

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

• (d) the acquisition, installation or replacement 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 9 — EXPENDITURE IN RESPECT OF WHICH SPECIAL PURPOSE GRANTS MAY BE PAID

1

In this Schedule —

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

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

2

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

• (a) expenditure for or in connection with any of the purposes relevant to schools for which grants for education support and training are for the time being payable to local education authorities by virtue of regulations made under section 484 of the 1996 Act[^f00029];

• (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 352(1) of the 1996 Act;

• (viii) the transfer of land to trustees to be held on trust for the purposes of the school pursuant to section 296 of the 1996 Act;

• (ix) a contract for the provision of property and services to, or for the purposes of, the school, where the provision of the services is linked to and dependent upon the provision of the property; and

• (x) payment of employer’s contributions to the appropriate pension fund under the Local Government Pension Scheme Regulations 1995[^f00030].

• (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 488 of the 1996 Act[^f00031];

• (e) expenditure in respect of expenses which it appears to the funding authority the governing bodies of primary schools with fewer than 180 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; and

• (f) expenditure for or in connection with the provision at the school of nursery education as defined in section 1 of the Nursery Education and Grant-Maintained Schools Act 1996[^f00032].

Signed

Robin Squire — Parliamentary Under Secretary of State, — Department for Education and Employment — 20th March 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations replace with modifications the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1996 (“the 1996 Regulations”) which are revoked. The Regulations apply, in relation to the 1997–98 financial year, to grant-maintained schools and grant-maintained special schools situated in England but not to completely new grant-maintained schools. Such schools (i.e. those which are not former maintained schools or which are not established in place of existing independent schools) are subject to the Education (New Grant-maintained Schools) (Finance) Regulations 1997 (S.I. 1997/956). 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 schools in respect of which the Regulations apply whose maintenance grant is not determined under Part 3. This is on a similar basis to that provided for under Part 2 of the 1996 Regulations, save that—

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

• (2) Where a school is situated in the area of more than one local education authority, the Secretary of State can determine, after consultation, which is to be the local education authority in relation to that school (definition of “local education authority” in regulation 2(1)).

• (3) Where the local education authority which formerly maintained a grant-maintained special school is subject to local government reorganisation (and may, for example, no longer exist) then the Secretary of State can, after consultation, determine that another authority shall be the local education authority in relation to that school. Provision is made where the scheme of that local education authority contains no provision for taking into account the needs of special schools (regulation 6(6)).

• (4) The provisions relating to cash protection for certain schools are expanded (regulation 10).

• (5) The funding authority may reduce the amount of maintenance grant payable in respect of a school to take into account excessive balances carried forward from previous years (regulation 27).

• (6) The funding authority may reduce the amount of maintenance grant payable in respect of a school to take into account excessive severance payments to members of staff paid on or after 1st January 1997 (regulation 28).

• (7) The funding authority may redetermine the amount of maintenance grant to take into account local education authority capital expenditure charged to their revenue account (regulation 33).

• (8) There is no longer any provision equivalent to regulation 31 in the 1996 Regulations making allowances for the late supply of budget statements resulting from local government reorganisation.

Part 3 of the Regulations, following Part 3 of the 1996 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 listed “secondary relevant authorities”, which became a grant-maintained school on or before 1st April 1997. Part 3 of the Regulations also makes new provision in respect of a primary school, or in certain circumstances a secondary school which was formerly a primary school, situated in the area of Essex County Council, Gloucestershire County Council and the London Borough of Hillingdon (“primary relevant authorities”), which became a grant-maintained school on or before 1st April 1997. Part 3 does not apply to special schools. The basis of determination is similar to that under Part 3 of the 1996 Regulations save that—

• (1) Even though the Regulations do not apply to completely new grant-maintained schools (i.e. schools which are not former maintained schools or which are not established in place of existing independent schools) such schools and completely new schools maintained by the local education authority are taken into account for the purposes of certain calculations e.g. the determination of a school’s CFF share under regulation 42.

• (2) Part 3 applies in relation to grant-maintained schools which are established in place of existing independent schools with certain modifications (regulation 39(4) and Schedule 4).

• (3) There is provision for an error contingency within the primary schools total (the amount determined by the Secretary of State to be the appropriate amount of expenditure of a recurrent nature to be incurred on grant-maintained (including new grant-maintained) primary schools situated in the area of a primary relevant authority and primary schools and new primary schools maintained by that authority) for the purpose of redetermining CFF shares on grounds of mistake (regulations 42(2) and 53 and Schedule 7).

• (4) The funding authority can deduct from a school’s CFF share an amount to take into account excessive balances carried over by the school from the previous financial year (regulation 46).

• (5) The funding authority can deduct from a school’s CFF share an amount to take into account excessive severance payments to members of staff paid on or after 1st January 1997 (regulation 47).

• (6) The funding authority can redetermine the amount of maintenance grant where their determination was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with the Regulations (regulation 50(6)). Maintenance grant may only be revised downwards in certain specified circumstances (regulation 50 (12)).

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 1996 Regulations. In respect of special purpose grants additional items are added. These are expenditure in connection with contracts for the provision of both property and services, the payment of employers' pension fund contributions and the provision at the school of nursery education. Special purpose grant may also be paid in respect of expenses incurred by the governing bodies of primary schools with fewer than 180 registered pupils (rather than 150 as under the 1996 Regulations) for or in connection with staff absences and the procurement of professional advice.

Consequent on section 257 of the 1996 Act, Part 5 of the Regulations, as did Part 5 of the 1996 Regulations, prescribes the total amount of maintenance grant in respect of schools to which the Regulations apply which may be recovered by the Secretary of State from the local education authority named in a determination under that section.

Part 6 amends regulation 23(2) of the Education (Grant-maintained Special Schools) Regulations 1994 which modifies the application of those sections in the Education Act 1996 which deal with the funding of grant-maintained schools in relation to grant-maintained special schools. The amendment is consequential on the revised definition of “local education authority” in regulation 2(1) whereby the relevant local education authority in relation to a grant-maintained special school may be neither the local education authority in whose area the school is situated nor the authority which formerly maintained it.

Footnotes

[^f00001]: 1996 c. 56. Sections 244 to 258 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 and read with paragraph 1(4) of Schedule 39 to the 1996 Act. For the meaning of “regulations” see section 579(1) of the 1996 Act.

[^f00002]: Those grant-maintained schools established pursuant to proposals under section 211 or 212 of the 1996 Act in respect of which these Regulations do not apply are covered by the Education (New Grant-maintained Schools) (Finance) Regulations 1997 (S.I. 1997/956).

[^f00003]: 1992 c. 19.

[^f00004]: S.I. 1996/889.

[^f00005]: S.I. 1994/653; amended by S.I. 1994/1231 and read with paragraph 1(4) of Schedule 39 to the 1996 Act.

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

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

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

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

[^f00010]: S.I. 1993/568; amended by S.I. 1993/843.

[^f00011]: The relevant Regulations are S.I. 1994/938, 1994/2111, 1995/936 (Amended by 1995/1554) and 1996/889.

[^f00012]: The relevant Regulations are S.I. 1989/1287, 1990/549 (amended by 1990/2270 and 1991/353), 1991/353, 1992/555 (amended by 1992/1095), 1993/568 (amended by 1993/843), 1994/938, 1994/2111, 1995/936 (amended by 1995/1554) and 1996/889. See the effect of paragraphs 1(3) and 2(1) of Schedule 39 to the 1996 Act.

[^f00013]: 1992 c. 19.

[^f00014]: 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.

[^f00015]: These Regulations do not apply to those grant-maintained schools established pursuant to proposals under section 212 of the 1996 Act to which the Education (New Grant-maintained Schools) (Finance) regulations 1997 (S.I. 1997/956) apply, see regulation 1(3) and (4) of these Regulations.

[^f00016]: S.I. 1995/208.

[^f00017]: 1992 c. 19.

[^f00018]: 1989 c. 42.

[^f00019]: S.I. 1980/918; amended by S.I. 1994/581.

[^f00020]: Swindon Borough Council is known as Thamesdown Borough Council until 1st April 1997.

[^f00021]: S.I. 1995/208.

[^f00022]: S.I. 1994/653; regulation 23 was substituted by S.I. 1994/1231.

[^f00023]: 1992 c. 19.

[^f00024]: S.I. 1995/208.