Statutory Instrument 2001 No. 2743

Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

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© Crown Copyright 2001

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"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[2] as adjusted by the Protocol signed at Brussels on 17th March 1993[3];

"European Economic Area" means the area comprised by the States which are Contracting Parties to the EEA Agreement;

"EEA National" means a person who is a national of a State which is a contracting party to the EEA Agreement (including the United Kingdom);

"financial year" and "preceding financial year" have the meanings assigned by paragraph 7 of Schedule 1;

"income", "relevant income" and "total income" have the meanings assigned by paragraph 8 of Schedule 1;

"refugee" means a person who:

(a) is recognised by Her Majesty's Government as a refugee within the meaning of the United National Convention relating to the Status of Refugees done at Geneva on 28th July 1951[4] as extended by the protocol thereto which entered into force on 4th October 1967[5], or

(b) has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly;

"relevant date" means 1st January in the calendar year in which an aided pupil would take up an aided place at a school;

"the Scheme" means the aided pupil scheme described in Schedule 1 as well as, in regulation 5, the aided pupil scheme described in the Regulation revoked by regulation 15;

"school" has the meaning assigned by regulation 3; and

"school year" in relation to a school means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July.

    (2) Except where the context otherwise requires, any reference in these Regulations to - 

(a) a numbered Part, regulation or Schedule is a reference to the Part, 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.

References to schools
     3.  - (1) Any reference in these Regulations to a school is a reference to a school which with the prior consent of the Secretary of State is participating in the aided pupil scheme described in Schedule 1 and which has been finally registered as an independent school in accordance with section 465(3) of the Education Act 1996.

    (2) Except where the context otherwise requires, references to a school include references to the proprietors or governing body thereof and persons acting with the authority of the proprietors or governing body.

References to parents
     4.  - (1) Subject to paragraphs (2) and (3), any reference in these Regulations to the parents of a child or aided pupil is a reference to:

(a) the child's father and mother where - 


(i) they live together as husband and wife (whether or not they are married to each other), and

(ii) the child normally resides with them in the same household; or



(b) where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the child, with whom the child normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the child in the same household; or

(c) where neither sub-paragraph (a) nor (b) above applies, the child's guardian appointed in accordance with section 5 of the Children Act 1989[6] and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the child in the same household; or

(d) where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the child resides in accordance with either:



(i) a subsisting residence order made under section 8 of the Children Act 1989; or

(ii) any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the child,



and the spouse (if any) of that person where the spouse normally resides with that person and the child in the same household; or

(e) where none of sub-paragraphs (a) to (d) above applies and where the child is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the child normally resides in accordance with any informal care or fostering arrangement, and that person's spouse (if any) where the spouse normally resides with that person and the child in the same household.

    (2) Where a child or aided pupil - 

(a) either has no parents as defined in paragraph (1) or the school is satisfied that no such parents can be found, and

(b) is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,

he shall be treated as a child whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.

    (3) References in this regulation to a person who normally resides with a child mean, in relation to a child who is a boarder at a school, a person with whom the child normally resides when he is not at school.

    (4) Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph 1(a) and (b) to "father" and "mother" shall be construed as references to the adoptive parents and not his natural parents.

in accordance with the Scheme.

    (3) No grant shall be paid to a school in respect of uniform grant paid by a school to the parents of an aided pupil who does not take up an aided place.

Conditions of grant
     6. The payment of grant by the Secretary of State shall be subject in the case of each school - 

(a) to grant being claimed in accordance with regulation 7, and

(b) the fulfilment of all relevant conditions mentioned in Schedule 2.

Grant claims
     7.  - (1) A school shall submit grant claims to the Secretary of State at such times, for such periods, in such manner and form and furnish such declarations and other information, as the Secretary of State may require; but subject as aforesaid, they may submit to the Secretary of State a claim for grant in respect of such periods, not being less than a term, as appear to the school to be appropriate.

    (2) A school may submit grant claims on the basis of estimated expenditure ("provisional claims"); but where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.

Payment of grant
     8.  - (1) Subject to regulation 6, as soon as is reasonably practicable after he is satisfied that a grant claim is in order, the Secretary of State shall pay the grant in respect of the claim, although he may, where he considers it appropriate to do so, make earlier payments on account in respect of that claim or in respect of a provisional claim relating to the same period.

    (2) Any over-payment or under-payment of grant which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.

    (2) The payment of grant under this Regulation shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.

Amount of grant
     10.  - (1) The amount of grant payable by the Secretary of State under this Part in respect of any school year shall, subject to paragraph (2), be such an amount as he may determine after consultation with the RBS.

    (2) In determining the amount of grant payable to the RBS under this Part, the Secretary of State shall have regard in particular to - 

(a) the amount of fees or charges received or to be received by the RBS in respect of the provision of education for the school year in respect of which grant is to be paid under this Part; and

(b) the amount of grant received or to be received by the RBS for that school year under the Scheme referred to in Part II above to take account of fees and charges remitted by the RBS pursuant to the Scheme.

    (3) Any reference in this Part to a choir school is a reference to a choir school which has been finally registered as an independent school in accordance with section 465(3) of the Education Act 1996.

    (4) None of the provisions contained in these Regulations shall apply to pupils who were admitted to a choir school before 1st September 2001, and in respect of such pupils the Regulations specified in Schedule 3 shall continue to have effect.

Conditions of residence applicable to grant
     12.  - (1) The Secretary of State may pay such grant to the trust only in respect of pupils who meet the conditions of residence set out in paragraph 2 of Schedule 1, as modified by paragraph (2) below.

    (2) For the purposes of this regulation, the references to "the relevant date" in paragraph 2 of Schedule 1 shall be read as referring to 1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins.

Amount of grant
     13. The amount of grant payable by the Secretary of State under this Part in respect of any school year shall be such amount as he may determine after consultation with the trust.

Accounts
     14.  - (1) The trust shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.

    (2) The trust shall require the choir schools to keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.

    (2) The child referred to in sub-paragraph (1)(b)(ii) is one who is, or whose parents are, entitled to equality of treatment as regards selection for an aided place by virtue of Article 7(2) or (3) or Article 12 of Council Regulation (EEC) No 1612/68 on Freedom of Movement for Workers within the European Community[7], as extended by the EEA Agreement.

    (3) A child shall be treated for the purposes of sub-paragraph (1)(a) and (b) as having been ordinarily resident in the British Islands or in the European Economic Area if the school is satisfied that he would have been so resident but for the fact that his parent is or was temporarily employed outside the British Islands or the European Economic Area during any part of the period mentioned in those sub-paragraphs.

    (4) For the purposes of sub-paragraph (1)(b), a child who is resident in a State which became a Contracting Party to the EEA Agreement on a date later than the beginning of the two year period mentioned in that sub-paragraph, shall be treated as having been ordinarily resident in the European Economic Area for that period if he has been so resident in the said State or elsewhere in the European Economic Area throughout the period of two years preceding the relevant date.

Conditions as to age
     3. It shall be a condition that the child, if selected for an aided place, shall have attained the age of eight years before 1st September next following the beginning of the first school year in which he takes up an aided place.

Conditions as to furnishing information
     4. It shall be a condition that the parents of the child, when applying to the school for an aided place, shall have furnished the school with such information as is required for determining whether or not he is eligible for selection for such a place including - 

(a) a declaration of relevant income for the preceding financial year or, if they have not the necessary information:


(i) a declaration of estimated relevant income for that year; and

(ii) a declaration of relevant income for the financial year before that year; and



(b) such other information as may be specified for the purposes hereof by the Secretary of State.

Conditions as to liability for payment of fees
     5.  - (1) A school shall not select for an aided place a child the whole of whose fees for the school year in which he would take up his aided place if selected therefor - 

(a) would not fall to be remitted in whole or in part pursuant to Part III;

(b) are required to be paid pursuant to an order of a court or a separation agreement; or

(c) are required to be paid pursuant to a qualifying agreement (as defined in paragraph (2)).

    (2) In paragraph 1(c) "qualifying agreement" means a legally enforceable agreement under which a person (being either a body corporate, or an individual who is not a parent of the aided pupil) is required to pay school fees for the aided pupil, including a deed of covenant made by such a person for the benefit of the aided pupil.

(a) a pupil holds an aided place at the school for part only of the school year or leaves the school part way through the school year, or

(b) the parents have two or more children who hold aided places (whether at the same or different schools) but the number of those children differs for different parts of the school year,

the school shall determine aid questions for that part, or separately for those parts, and the extent to which designated fees in respect of the part (or parts) of the school year are to be remitted shall be that proportion of the amount by which the fees for the whole school year would fall to be remitted, which is the proportion which the fees for the part (or parts) bear to the fees for the whole school year.

References to financial years
     7.  - (1) Subject to sub-paragraph (2), in these Regulations "financial year" means a year ending on 5th April and, in relation to a particular school year "preceding financial year" means the financial year preceding that school year and "current financial year" means the financial year which includes the first day of that school year.

    (2) Subject to sub-paragraph (3), where the parents of a pupil satisfy the school that their income is wholly or mainly derived from the profits of a trade, profession or vocation carried on by either or both of them, then if the parents and the school so agree, any reference in this Part to a financial year shall be construed as a reference to a year ending on such date as appears to the school to be expedient having regard to the accounts kept in respect of that trade, profession or vocation and the periods covered thereby ("the Parents' Accounting Year"):

    (3) Where the Parents' Accounting Year ends with a date after 5th April but before the beginning of a school year, then in relation to that school year, "preceding financial year" shall mean the latest Parents' Accounting Year ending before 6th April in the calendar year in which the school year begins and "current financial year" shall means the Parents' Accounting Year ending in the calendar year which includes the beginning of the school year.

References to income
     8.  - (1) For the purposes of these Regulations, the income of any person for a financial year shall be taken to be his total income for that year; and, subject to the provisions of the Appendix to this Schedule ("the Appendix"), in this sub-paragraph and the Appendix "total income" has the same meaning as in section 1(2)(b) of the Income and Corporation Taxes Act 1988[8].

    (2) For the purposes of these Regulations "relevant income" as regards an aided pupil means, in relation to any financial year, the income of the aided pupil's parents aggregated with the unearned income of - 

(i) the aided pupil himself, and

(ii) any children (apart from the aided pupil) of the parents who are wholly or mainly dependent on one or both of them at the time the relevant income is calculated



less, where sub-paragraph (3) or (5) applies, the sum there mentioned.

In this sub-paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.

    (3) Subject to sub-paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,430 in respect of each person other than the aided pupil who - 

(a) at the time the relevant income is calculated, is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit as mentioned in sub-paragraph (4), and

(b) is a child or other relative of one or both of the parents, and

(c) normally resides in the same household as the parents and the aided pupil.

    (4) The payments referred to in sub-paragraph (3)(a) are payments made by one or both of the parents, including sums paid as mentioned in paragraph 3(2)(f) of the Appendix, but excluding any other payments which fall to be deducted in ascertaining total income for the purpose of these Regulations.

    (5) Where a child (other than the aided pupil) who is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit by one or both of them, is the holder of an award of a kind described in sub-paragraph (6) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,430 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that higher sum shall be deducted from the relevant income in lieu of the "£1,430" prescribed in respect of that child by sub-paragraph (3).

    (6) An award referred to in paragraph (5) is - 

(a) a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962[9] providing for the payment of awards to students attending specified courses of further or higher education[10];

(b) a grant or loan paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 22 of the Teaching and Higher Education Act 1998[11] providing for support for students attending higher education courses[12];

(c) an allowance granted by the Secretary of State for Scotland pursuant to regulations from time to time in force or having effect under sections 73 and 74 of the Education (Scotland) Act 1980[13] providing for the payment of allowances to students[14]; or

(d) an award made by an Education and Library Board in Northern Ireland pursuant to Article 50(1) and (2) and 134(1)(a) of the Education and Libraries (Northern Ireland) Order 1986[15] and regulations from time to time in force thereunder[16], being an award for the purpose of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations.

    (7) In this paragraph any reference to the parents of an aided pupil is a reference to the persons who are his parents (as defined in regulation 4) at the time that the relevant income is calculated.

Application for aid etc.
     9. The Secretary of State may specify for the purposes of these Regulations - 

(a) the time by which and the manner and form in which applications for aid, declarations of relevant income or estimated income and other information requisite for determining aid questions are to be made or furnished by the parents of an aided pupil, or by parents applying for an aided place, and the documentary or other evidence to be provided in support thereof; and

(b) the time by which, and the manner and form in which, a school are to notify the parents of an aided pupil as to whether they are entitled to any remission of fees or charges, or the payment of grant, for a particular school year and, if so, the extent of remission.

Restrictions on aid
     10.  - (1) Subject to paragraphs 18(4) and 20(3), the parents of an aided pupil shall not be entitled to - 

(a) any aid in respect of a period before the pupil took up his aided place or after he has left the school or, if he remains at the school, after the end of the school year in which he attains the age of 20 years; or

(b) any remission of fees or charges payable in lieu of notice of the withdrawal of an aided pupil from the school.

    (2) The parents of an aided pupil shall not be entitled to any remission of fees for charges which are required to be paid pursuant to - 

(a) an order of a court,

(b) a separation agreement, or

(c) a qualifying agreement (as defined in paragraph 5(2)).

    (3) This paragraph shall have effect notwithstanding anything in paragraph 6 or any other provisions of these Regulations.

Counter-fraud provisions
     11.  - (1) If the parents of an aided pupil do not, in accordance with any requirements specified by the Secretary of State under paragraph 9(a), - 

(a) apply to the school for aid for a particular school year, or

(b) subject to paragraph 12(4), furnish the school with the information and supporting evidence requisite for determining remission questions.

they shall not be entitled to any aid that year.

    (2) If the Secretary of State is satisfied that an aided pupil's parents have knowingly or recklessly furnished information required for determining aid questions which is false in a material particular, he may direct that those parents shall not be entitled to any aid in the case of that pupil and, if he so directs, in the case of any other of their children who hold aided places at any school, as respects a specified school year and, if he so directs, any subsequent school year.

    (3) The Secretary of State shall not give a direction pursuant to sub-paragraph (2) without - 

(a) affording the parents concerned an opportunity to make representations; and

(b) considering any such representations.

    (4) The Secretary of State may vary or revoke a direction made pursuant to sub-paragraph (2).

Calculation of aid
     12.  - (1) Subject to sub-paragraphs (2), (3) and (4), aid questions shall be determined by reference to relevant income in the preceding financial year.

    (2) Where one of the pupil's parents has died after aid questions have been determined and the school are satisfied that the income of the surviving parent in the current financial year, when aggregated with that of the deceased parent, is likely to be less than their aggregated income in the preceding financial year, aid questions shall be redetermined by reference to the current financial year; and in such case, sub-paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year and the reference to the pupil's parents in paragraph 8(2) included a reference to the deceased parent (notwithstanding paragraph 8(7)).

    (3) If, in a case not falling within sub-paragraph (2), - 

(a) the school are satisfied that the relevant income in the current financial year is, as a result of some event beyond the control of the pupils' parents, likely to be not more than 85% of the relevant income in the preceding financial year, or

(b)


(i) the school, though not satisfied as aforesaid, are satisfied that the relevant income in the current financial year is likely to be so much less than the relevant income in the preceding financial year that financial hardship would result from remission questions being determined by reference to that year; and



(ii) the Secretary of State agrees that this paragraph should operate in respect of the assisted pupil concerned,

aid questions shall be determined as regards the school year in question and, unless and until the Secretary of State otherwise directs, any subsequent school year, by reference to the current financial year and, in such a case, sub-paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year.

    (4) Where it is not reasonably practicable for the parents to furnish before the beginning of a school year the requisite information as to relevant income for the appropriate financial year then, in relation to that school year, aid questions may be determined provisionally, having regard to relevant income for earlier financial years, as the school think fit, but - 

(a) no such provisional determination shall be more favourable to the parents than a determination computed by reference to an estimate furnished by the parents of relevant income for the appropriate financial year;

(b) a provisional determination shall cease to have effect when the parents have furnished the requisite information or if the school are satisfied that it has become reasonably practicable for them to do so but they have not done so; and

(c) within three months of the final determination of the aid questions any over-remission or under-remission of fees or charges shall be adjusted by payments between the parents and the school.

For the purposes of sub-paragraph (4) the expression "appropriate financial year" means the preceding financial year, except where sub-paragraph (2) or (3) applies, in which case it means the current financial year.

(a) specified opposite the parts of the relevant income in column (2), where only one child of the parents holds an aided place at any of the schools;

(b) so specified in column (3) where two children of the parents hold such aided places; or

(c) specified for the purposes of this paragraph by the Secretary of State, where more than two children of the parents hold such aided places.


TABLE 1


(1)	(2)	(3)
Part of the relevant income to which specified percentage applies	Only aided boarding pupil	Each of two aided boarding pupils
That part which exceeds £9,499 but does not exceed £12,000	5%	3.75%
That part which exceeds £12,000 but does not exceed £17,000	10%	7.5%
That part which exceeds £17,000 but does not exceed £25,000	12%	9%
That part which exceeds £25,000 but does not exceed £35,000	15%	11.25%
That part which exceeds £35,000 but does not exceed £40,000	18%	13.5%
That part which exceeds £40,000 but does not exceed £45,000	16%	12%
That part which exceeds £45,000 but does not exceed £55,000	17%	12.75%
That part which exceeds £55,000 but does not exceed £60,000	18%	13.5%
That part (if any) which exceeds £60,000	19%	14.25%

Remission of fees - day pupils
     15.  - (1) This paragraph shall apply in the case of an aided pupil who is a day pupil at a school and an aided pupil who is a boarder at a school and who only satisfies the conditions as to residence set out in paragraph 2 by virtue of paragraphs 2(1)(c).

    (2) Where the relevant income for the appropriate financial year does not exceed £12,148 the designated fees shall be wholly remitted.

    (3) In any other case the designated fees for a school in respect of each aided pupil shall be remitted to the extent (if any) necessary to secure that the parents' residual liability for that pupil's designated fees corresponds to an amount (rounded down to the nearest multiple of £3) equal to the aggregate of the specified percentages of those parts of the relevant income referred to in column (1) of the following table, being the percentages - 

(a) specified opposite the parts of the relevant income in column (2), where only one child of the parents holds an aided place at any of the schools;

(b) so specified in column (3) where two children of the parents hold such aided places; or

(c) specified for the purposes of this paragraph by the Secretary of State, where more than two children of the parents hold such places.


TABLE 2


(1)	(2)	(3)
Part of the relevant income to which specified percentage applies	Only aided boarding pupil	Each of two aided day pupils
That part which exceeds £11,999 but does not exceed £35,000	10%	7.5%
That which exceeds £35,000 but does not exceed £40,000	11%	8.25%
That part which exceeds £40,000 but does not exceed £45,000	12%	9%
That part which exceeds £45,000 but does not exceed £55,000	13%	9.75%
That part (if any) which exceeds £55,000	14%	10.5%

Allowances for child holding assisted place
     16. Where the parents of an aided pupil have another child who holds an assisted place at an independent school provided under section 2(1) of the Education (Schools) Act 1997[17], the parents' residual liability for designated fees shall be calculated pursuant to paragraph 14 or 15 above (as the case may be) as if that child held an aided place for the purposes of that paragraph.

Remission of charges for meals - day pupils
     17.  - (1) This paragraph applies to an aided pupil who is a day pupil where his parents satisfy the school at any time during a school year, or the month preceding the beginning of that year, that they are in receipt of a relevant benefit.

    (2) A school shall remit the whole of any charges which they would otherwise make for meals provided for a pupil to whom this paragraph applies - 

(a) for the whole of that school year, where they are satisfied as mentioned in paragraph (1) at or before the beginning of that year, or

(b) for the remainder of the school year, where they are satisfied as mentioned in paragraph (1) in the course of that year,

irrespective of whether the parents may subsequently cease to be in receipt of a relevant benefit.

    (3) In this paragraph, "relevant benefit" means - 

(a) income support under Part VII of the Social Security Contributions and Benefits Act 1992[18], or

(b) an income-based jobseeker's allowance under Part I of the Jobseekers Act 1995[19].