Education (Grant-maintained Schools) (Finance) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/353 |
| Year | 1991 |
1991 No. 353
EDUCATION, ENGLAND AND WALES
The Education (Grant-maintained Schools) (Finance) Regulations 1991
Made 27th February 1991
Laid before Parliament 28th February 1991
Coming into force 1st April 1991
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 I
GENERAL
Citation, Commencement and Extent
1.—(1) These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1991 and shall come into force on 1st April 1991.
(2) With the exception of regulation 3(1), 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;
“the 1990 Regulations” means the Education (Grant-maintained Schools) (Finance) Regulations 19903;
“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(12) |
delegated budget |
section 33(6)(b) |
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 date |
regulation 7(1) |
relevant expenditure |
regulation 5(5) |
relevant part of the amount determined in respect of a school under regulation 5(4) of the 1990 Regulations |
regulation 4(6)(c) |
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, amendment and transitional provisions
3.—(1) In the 1990 Regulations—
(a)
(a) after paragraph (1) of regulation I there shall be inserted the following paragraph—
“2 These Regulations extend to Wales only.”; and
(b)
(b) paragraphs (2) and (3) of regulation 3 are revoked.
(2) Nothing in paragraph (1) shall affect, as respects England, the continued operation after 31st March 1991 of the requirements imposed by the Secretary of State on a governing body of a school to whom payments in respect of maintenance grant, capital grant or special purpose grant have been made under the 1989 or 1990 Regulations, or both.
(3) 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 the financial year ending on 31st March 1990; and
(b)
(b) the 1990 Regulations shall continue to apply as respects England 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 the school in respect of the financial year ending on 31st March 1991.
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 7, 8, 9 and 10.
(2) Subject to paragraphs (3) and (4), the Secretary of State shall determine in relation to the financial year in question an amount which he is satisfied 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.
(a)
(a) (3) Without prejudice to paragraph (4) below, this paragraph applies in the case of any school whose incorporation date is after 1 April in the financial year in respect of which the determination of maintenance grant under this regulation is made (referred to in this paragraph as “the current financial year”).
(b)
(b) In any case to which this paragraph applies the Secretary of State shall determine the amount referred to in paragraph (2) in accordance with subparagraph (c) below.
(c)
(c) The Secretary of State shall determine an amount which appears to him to be equal to that amount of the school’s budget share for the current financial year which had not been expended immediately before the school’s incorporation date by the governing body of the school (before it acquired grant-maintained status) in exercise of their powers under section 36(5) of the Act.
(a)
(a) (4) Where it appears to the Secretary of State that, in relation to the financial year in question, a comparable maintained school’s budget share 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,
(i) in the case of a school which was a grant-maintained school at any time in the preceding financial year, he may determine the amount referred to in paragraph (2) above in accordance with sub-paragraph (b);
(ii) in the case of any school which was not a grant-maintained school at any time in that year, he may determine the amount of maintenance grant payable in respect of the school in accordance with sub-paragraph (c).
(b)
(b) In any case to which sub-paragraph (a)(i) applies, the Secretary of State may determine the amount referred to in paragraph (2) 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 schools 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 occurring 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.
(c)
(c) in any case to which sub-paragraph (a)(ii) applies, the Secretary of State shall determine the amount of maintenance grant payable in respect of the school in accordance with regulation 5(3) to (8), save that—
(i) in the definition of “relevant schools” in regulation 5(7)(b), for the reference to “section 50” there shall be substituted a reference to “section 42”, and
(ii) in any case to which, apart from this sub-paragraph, paragraph (8) would apply, there shall be added to the amount of maintenance grant determined in respect of the school an amount determined in accordance with that paragraph,
and paragraphs (5) to (7) below shall not apply.
(5) Subject to paragraph (6), the Secretary of State shall determine an amount which is equal to 16 per cent. of the amount determined in respect of the school in accordance with, as the case may be, paragraph (2), (3) or (4)(b).
(a)
(a) (6) This paragraph applies in the case of any school—
(i) whose incorporation date falls in or before the financial year ending on 31 March 1991;
(ii) in respect of which maintenance grant was determined for that financial year under regulation 4 or 5 of the 1990 Regulations; and
(iii) in respect of which the amount determined in accordance with paragraph (5) above would be less than the amount which was determined in respect of the school under regulation 4(4) of the 1990 Regulations or, as the case may be, less than the relevant part of the amount determined in respect of the school under regulation 5(4) of the 1990 Regulations for the financial year ending on 31 March 1991.
(b)
(b) In any case to which this paragraph applies, paragraph (5) shall have effect as if it required the Secretary of State to determine an amount equal to the amount which was determined in respect of the school for the financial year ending on 31 March 1991 under regulation 4(4) of the 1990 Regulations, or (as the case may be) the relevant part of the amount determined in respect of the school for that year under regulation 5(4) of the 1990 Regulations.
(c)
(c) In this paragraph and in regulation 6(7), a reference to the...
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