The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace with modifications the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1997 (“the 1997 Regulations”) which are revoked. The Regulations apply, in relation to the 1998—99 financial year, to grant-maintained schools and grant-maintained special schools situated in England but not to completely new grant-maintained schools. Such schools (i.e. those which are not former maintained schools or which are not established in place of existing independent schools) are subject to the Education (New Grant-maintained Schools) (Finance) Regulations 1998 (S.I. 1998/798). The main changes to the provision made by the revoked Regulations are set out below.

Part 2 of the Regulations now provides for the determination and redetermination of the amount of maintenance grant to be paid to the governing bodies of all schools in respect of which the Regulations apply. This is on a similar basis to that provided for under Part 2 of the 1997 Regulations, save that—

(1) The “relevant percentage” is no longer calculated under Schedule 1 on the basis of data from the preceding financial year. A list of percentages is therefore no longer included in a table in that Schedule. The relevant percentage is to be calculated under Schedule 1 on the basis of data from the current financial year.

(2) The provisions relating to cash protection for Central AMG and Section 11 funding are omitted.

(3) Specific provision is made for the maintenance grant payable in respect of grant-main tained secondary schools in Rutland.

There are no longer equivalent provisions to Part 3 of the 1997 Regulations so as to make different provision with respect to the determination and redetermination of the amount of maintenance grant payable in respect of a secondary school, or, in certain circumstances, a primary school situated in the area of specified authorities.

Regulation 9 and Schedule 2 make transitional provisions to protect the level of funding in the current financial year for those schools whose maintenance grant was determined in the preceding financial year under the 1997 Regulations.

Part 3 of the Regulations provides for the payment of capital and special purpose grants on the same basis as that provided under Part 4 of the 1997 Regulations.

Consequent on section 257 of the 1996 Act, Part 4 of the Regulations, as did Part 5 of the 1997 Regulations, prescribes the total amount of maintenance grant in respect of schools to which the Regulations apply which may be recovered by the Secretary of State from the local education authority named in a determination under that section.