Education (Grant-maintained Schools) (Finance) Regulations 1992
| Jurisdiction | UK Non-devolved |
1992 No. 555
EDUCATION, ENGLAND AND WALES
The Education (Grant-maintained Schools) (Finance) Regulations 1992
Made 6th March 1992
Laid before Parliament 9th March 1992
Coming into force 1st April 1992
In exercise of the powers conferred on the Secretary of State by sections 79, 81 and 232(5) of the Education Reform Act 19881the Secretary of State for Education and Science hereby makes the following Regulations:
PART 1
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1992 and shall come into force on 1st April 1992.
Interpretation
2.—(1) In these Regulations, except where the context otherwise requires—
“the Act” means the Education Reform Act 1988;
“the 1989 Regulations” means the Education (Grant-maintained Schools) (Finance) Regulations 19892;
“the 1990 Regulations” means the Education (Grant-maintained Schools) (Finance) Regulations 19903;
“the 1991 Regulations” means the Education (Grant-maintained Schools) (Finance) Regulations 19914;
“financial year” has the meaning assigned to it by section 235(1) of the Act, and references to “the financial year in question” are references to the financial year in respect of which the determination of maintenance grant is made under these Regulations; and
“school” means a grant-maintained school (within the meaning of the Act) situated in England.
(2) The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations—
aggregated budget |
section 33(4)(b) |
allocation formula |
section 38(2) |
capital grants |
section 79(3)(b) |
change in the characteristics of the school |
regulation 5(8) |
delegated budget |
section 33(6)(b) |
former maintaining authority |
sections 74(8) and 104(1)(i) and (6) |
general schools budget |
section 33(4)(a) |
incorporation date |
section 104(3) |
maintenance grant |
section 79(1) |
relevant date |
regulation 17(1) |
relevant expenditure |
regulation 15(5) |
scheme |
section 51(2)(a) |
school’s budget share |
section 51(2)(b) |
special purpose grants |
section 79(3)(a). |
(3) Unless the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered part, regulation or Schedule is a reference to the part, regulation or Schedule in these Regulations so numbered, and
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation and transitional provisions
3.—(1) The 1991 Regulations are hereby revoked.
(2) Notwithstanding the following provisions of these Regulations—
(a)
(a) the 1989 Regulations shall continue to apply for the purposes of—
(i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1990, and
(ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year; and
(b)
(b) the 1990 Regulations shall continue to apply for the purposes of—
(i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1991, and
(ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of the financial year ending on 31st March 1991; and
(c)
(c) the 1991 Regulations shall continue to apply for the purposes of—
(i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1992, and
(ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year.
(3) Paragraph (1) is without prejudice to the continued operation after 31st March 1992 of the requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant and special purpose grant have been made under one or more of (as the case may be) the 1989, 1990 and 1991 Regulations.
PART 2
DETERMINATION OF AMOUNT OF MAINTENANCE GRANT WHERE THE FORMER MAINTAINING AUTHORITY ARE REQUIRED TO PREPARE A STATEMENT UNDER SECTION 42 OF THE ACT
Determination of amount of maintenance grant
4.—(1) This Part applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to the provisions of Part 4.
(2) Subject to regulation 13, the amount of maintenance grant payable in a case to which this Part applies for the financial year in question shall be the sum of the following amounts—
(a)
(a) an amount determined in accordance with (as the case may be) regulation 5, 6 or 7;
(b)
(b) an amount determined in accordance with (as the case may be) regulation 8, 9 or 10;
(c)
(c) an amount determined in accordance with regulation 11; and
(d)
(d) (where applicable) an amount determined in accordance with regulation 12.
(3) Where in the opinion of the Secretary of State precise calculation for the purpose of determining any of the amounts referred to in paragraph (2)—
(a)
(a) would be impracticable;
(b)
(b) would not significantly affect the amount; or
(c)
(c) would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount, State to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to him to be fair and reasonable having regard in particular to the former maintaining authority’s scheme.
Determination of an amount in respect of a comparable maintained school’s budget share
5.—(1) Subject to regulations 6 and 7, the Secretary of State shall determine an amount which he is satisfied is or approximates to an amount which the former maintaining authority could have determined, by the application (subject to the following provisions of this regulation) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question.
(2) Where—
(a)
(a) before the beginning of the financial year in question the allocation formula included provision for taking into account a particular characteristic of a school which will affect the needs of the school as distinct from those of other schools which do not share that characteristic; and
(b)
(b) the scheme has been varied or replaced before the relevant date in relation to the school (as initially determined) and for the financial year in question—
(i) no such provision is included in the allocation formula; or
(ii) the proportion of a comparable maintained school’s budget share derived from the application of that provision would be less than it would have been had the scheme not been varied or replaced,
the allocation forumla shall be deemed, for the purposes of determining the amount under paragraph (1), to include such provision as it had effect immediately before the scheme was so varied or replaced:
Provided that the Secretary of State shall add to, or subtract from, any sum derived from the application of the said provision such amount as appears to him to be fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of schools maintained by them occurring during or since the financial year immediately preceding the financial year in question.
(3) Where—
(a)
(a) by the application of the allocation formula a part of a school’s budget share is determined by reference to either—
(i) an amount of expenditure attributable to each registered pupil of each relevant age group or falling within each relevant age group;
(ii) an amount or amounts (as the case may be) of expenditure attributable to any unit of measurement adopted for any factor included in the allocation formula; or
(iii) the amount or amounts (as the case may be) of expenditure attributable to any other such factor; and
(b)
(b) the proportion that any such amount is of a comparable maintained school’s budget share is less in the financial year in question than it would have been in a previous financial year, deemed by the Secretary of State, in applying the allocation formula for the purpose of determining the amount under paragraph (1), to be the amount or amounts determined in accordance with paragraph (4).
(4) For the purposes of paragraph (3), the Secretrary of State shall determine as the amount or amounts of expenditure so attributable for the purposes of the allocation formula the amount or amounts so attributable in such previous financial year as the Secretary of State shall...
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