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2. The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1996(1) shall be amended by the insertion in paragraph (1) of regulation 4, before ‘12’ of ‘4A’, and by the insertion after that regulation of the following regulation:
4A.—(1) This regulation applies in the case of a school which provides for pupils within an age range which spans from between 3 and 7 years of age inclusive to between 16 and 18 years of age inclusive.
(2) Where it appears to the Secretary of State that the amount of maintenance grant such a school would receive under these Regulations (other than this regulation) in respect of the financial year in question would be insufficient because of the nature of such a school to enable the governing body adequately to carry out their functions with respect to the conduct of the school, he may, after consultation with the relevant authority and the governing body of the school, 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 to the provisions of these Regulations (other than this regulation) and to the relevant authority’s scheme.
(3) In particular, the Secretary of State may, for the purposes any calculation made for the purposes of such a determination, treat the school as a primary school or as a secondary school or as separate primary and secondary schools.”.
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