Education (Grant-maintained Schools) (Finance) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1287 |
| Year | 1989 |
1989No. 1287
EDUCATION, ENGLAND AND WALES
The Education (Grant-maintained Schools) (Finance) Regulations
1989
27thJuly1989
28thJuly1989
1stSeptember1989
In exercise of the powers conferred on the Secretary of State by sections 79, 81 and 232(5) of the Education Reform Act 1988 ( a)the 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 1989 and shall come into force on 1st September 1989.
(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; and
"school" means a grant-maintained school (within the meaning of that Act).
(2) The expression "expenditure of a capital nature" has the meaning assigned to it by Schedule 5 to these Regulations.
(a) 1988 c.40.
(3) 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 3(8)
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 3(3).
scheme section 51(2)(a).
school's budget share section 51(2)(b).
special purpose grant sections 79(3)(a).
(4) Unless the context otherwise requires, any reference in these Regulations to-
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.PART 2
GRANTS
Determination of amount of maintenance grant-transitional provisions
3.-(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 other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act (which provides for the publication of financial statements about schemes for the local management of schools), and is subject to regulations 5 and 6 below.
(2) The Secretary of State shall determine an amount which he is satisfied represents, in relation to the financial year ending last before the incorporation date, the amount of relevant expenditure incurred by the former maintaining authority in respect of the school.
(3) The reference in paragraph (2) above to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 1, but does not include any expenditure on the heads or items specified in Schedule 3.
(4)(a) There shall be added to the amount so determined an amount which the Secretary of State is satisfied represents the school's share, obtained by applying the formula in sub-paragraph (b) below, of the authority's planned expenditure on centrally provided services.(b) That formula is:, where
N is the number of registered pupils at the school;
E is the total of the authority's planned expenditure for the year at relevant schools on those heads or items described in sub-paragraph (a) above, other than planned expenditure on school meals;
T is the number of registered pupils at relevant schools;
M is the number of registered pupils in receipt of free school meals at the school;
P is the number of registered pupils in receipt of free school meals at relevant schools;
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; and
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.
(c) In this paragraph,"expenditure on centrally provided services" means expenditure on the heads or items specified in Schedule 2 but excludes any expenditure on the heads or items specified in Schedule 3;
"relevant schools" means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school:
"planned expenditure" means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and
"number of registered pupils" means the number of pupils on a school's register on a date to be determined by the Secretary of State;
(5) The amount determined in accordance with paragraphs (2) and (4) above may be adjusted by such amount as the Secretary of State is satisfied is 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 the primary or secondary schools, as the case may be, maintained by them and any significant change in the characteristics of the school occurring (in either case) during or since the end of the financial year ending last before the incorporation date.
(6) The sum of the amounts determined in accordance with paragraphs (2) and (4) above shall, subject to any adjustment made in accordance with paragraph (5) above, be the amount of maintenance grant payable to the governing body of the school for the financial year in respect of which the determination under this regulation is made.
(7) Where there is not available to the Secretary of State (on a date determined by him and notified by him to the former maintaining authority) sufficient information as will, in his opinion, allow him accurately to determine the amounts referred to in paragraphs (2) or (4) above, or both, he may determine such amount or amounts as appears to him to be fair and reasonable having regard to any information which is available to him, and his determination shall have effect as if determined under paragraph (2) or (4), as the case may be.
(8) References in paragraph (5) above and regulation 6(1), to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
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 5 and 6 below.
(2) 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) that the former maintaining authority could have determined, by the application of their allocation formula in relation to a comparable maintained school...
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