Education (Grant-maintained Schools) (Finance) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/549 |
| Year | 1990 |
1990 No. 549
EDUCATION, ENGLAND AND WALES
The Education (Grant-maintained Schools) (Finance) Regulations 1990
Made 9th March 1990
Laid before Parliament 9th March 1990
Coming into force 1st April 1990
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, Commencement and Extent
1.—(1) These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1990 and shall come into force on 1st April 1990.
(2) These Regulations extend to England only.
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; and
“school” means a grant-maintained school (within the meaning of the Act).
(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 grant |
section 79(3)(b) |
change in the characteristics of the school |
regulation 4(9) |
financial year |
section 235(1) |
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 expenditure |
regulation 5(3) |
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 regulation or Schedule is a reference to the 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 1989 Regulations are hereby revoked.
(2) Notwithstanding paragraph (1), the 1989 Regulations shall continue to apply for the purposes of–
(a)
(a) 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
(b)
(b) 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 1990.
(3) Paragraph (1) is without prejudice to the continued operation after 31st March 1990 of the requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant or special purpose grant have been made under the 1989 Regulations.
PART 2
GRANTS
Determination of amount of maintenance grant
4.—(1) This regulation 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 regulations 6, 7 and 8.
(2) Subject to paragraphs (3) and (6), the Secretary of State shall determine in relation to the financial year in question an amount which he is satisfied (on the information available to him on a date determined by him and notified by him to the former maintaining authority) is or approximates to an amount which the former maintaining authority could have determined, by the application of their allocation formula in relation to a comparable maintained school covered by their scheme, as such a school’s budget share.
(3) Where it appears to the Secretary of State that, in relation to the financial year in question, such a school’s budget share so determined would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year, he may determine the amount referred to in paragraph (2)–
(a)
(a) where the school was a grant-maintained school at any time in the previous financial year, by reference to its maintenance grant for that year, adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things–
(i) any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the primary or secondary schools, as the case may be, maintained by them occurring during or since the end of the immediately preceding financial year, and
(ii) any significant change in the characteristics of the school occuring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined; or
(b)
(b) where the school was not a grant-maintained school at any time in the previous financial year, in accordance with regulation 5(2) to (7), save that, in the definition of “relevant schools” in regulation 5(4)(c), for the reference to “section 50” there shall be substituted a reference to “section 42”, and paragraphs (4) to (6) below shall not apply.
(a)
(a) (4) There shall be added to the amount determined in accordance with paragraphs (2) or (3)(a) above an amount which, in relation to that year, the Secretary of State is satisfied (on the information available to him on a date determined by him) represents that proportion of the amount described in sub-paragraph (b) below which corresponds to the proportion which the number of registered pupils at a comparable maintained primary or secondary school, as the case may be, bears to the number of registered pupils at all primary or secondary maintained schools required to be covered by the authority’s scheme, as the case may be.
For the purposes of this sub-paragraph “number of registered pupils” means, in relation to–
(i)
(i) a comparable maintained primary or secondary school, the number determined by the Secretary of State as a number which appears to him to be or to approximate to a number of registered pupils at such a school which could under the authority’s scheme be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for that year, and
(ii)
(ii) all primary or secondary maintained schools required to be covered by the authority’s scheme, the number which appears to the Secretary of State to be or to approximate to the aggregate of the number of registered pupils at each such primary or secondary school, as the case may be, required under the authority’s scheme to be so used.
(b)
(b) The amount referred to in sub-paragraph (a) is that part which the Secretary of State considers is attributable to primary schools (if the school is a primary school) or to secondary schools (if the school is a secondary school) of the amount remaining after deducting from the authority’s general schools budget for the year–
(i) their aggregated budget for that year;
(ii) the authority’s planned expenditure on those heads or items specified in Schedule 3 (except to the extent that such expenditure falls within their aggregated budget);
(iii) the authority’s planned expenditure on the provision of school meals, and
(iv) any amount appropriated for meeting expenditure in respect of contin-gencies.
(a)
(a) (5) The sum of the amounts determined in accordance with paragraphs (2) and (4) or (3)(a) and (4), as the case may be, together with such amount (if any) as appears to the Secretary of State to be an amount which the school, had it continued to be maintained by the authority, would have been eligible in accordance with the authority’s scheme to receive in respect of contingencies, and an amount in respect of the provision of school meals calculated by the application of the formula in sub-paragraph (b) below shall be the amount of maintenance grant payable in respect of the school for the financial year in respect of which the determination under this regulation is made.
(b)
(b) The formula referred to in sub-paragraph (a) above is:
where
M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the authority’s planned expenditure for the year in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the immediately preceding financial year determined by the Secretary of State;
G is the total of the authority’s planned expenditure for the year on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals;
and B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the immediately preceding financial year determined by the Secretary of State.
(c)
(c) In this paragraph–
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for...
To continue reading
Request your trial