23.—(1) Subject to paragraph (2), in determining and redetermining budget shares for primary and secondary schools a local authority must ensure that their formula provides that at least 70 per cent of the amount which is their individual schools budget is allocated in one or more of the following manners—
(a)in accordance with regulation 13(1) or (6);
(b)in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend;
(c)to places in primary schools which the authority recognise as reserved for children in nursery classes;
(d)for children with special educational needs who do not have statements of special educational needs but only up to 5 per cent of the total amount allocated by the authority to primary and secondary schools from their individual schools budget;
(e)to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;
(f)for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' delegated budgets.
(2) For the purposes of this regulation, the budget shares of schools providing education only for pupils over compulsory school age, of special schools and any part of the individual schools budget retained pursuant to regulation 8(2) for the purpose of redeterminations or the correction of errors must be excluded from the local authority’s individual schools budget.