Education (Grants) (Music and Ballet Schools) Regulations 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/786 |
| Year | 1981 |
1981 No. 786
EDUCATION, ENGLAND AND WALES
The Education (Grants) (Music and Ballet Schools) Regulations 198119thMay 1981
4thJune 1981
1stJuly 1981
In exercise of the powers conferred by section 100(1)(b) and (3) of the Education Act 1944(a) and vested in the Secretary of State(b), the Secretary of State for Education and Science hereby makes the following Regulations:—
PART I
GENERAL
Citation and operation
1. These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) Regulations 1981 and shall come into operation on 1st July 1981 and, save as mentioned in Regulation 2, shall have effect as from that date.
Revocation
2.—(1) The Royal Ballet School and the Yehudi Menuhin School (Grants) Regulations 1973(c) are hereby revoked.
(2) This Regulation shall have effect as from 1st September 1981.
Interpretation
3.—(1) In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
"aid" and "aid questions" have the meanings assigned thereto by paragraph 5 of Schedule 1 and "aided" means aided in pursuance of the Scheme;
"child" includes a step-child and a child adopted in pursuance of adoption proceedings and "father" and "mother" shall be construed accordingly and, notwithstanding the definition in section 114(1) of the Education Act 1944, includes a child who is over compulsory school age;
"designated fees" has the meaning assigned thereto by paragraph 11 of Schedule 1;
(a) 1944 c.31.
(b) S.I. 1964/490, 1970/1536, 1978/274.
(c) S.I. 1973/370.
"employment" includes the holding of any office and any occupation for gain and "employed" shall be construed accordingly;
"European Community" means the area comprised by the member states of the European Economic Community (including the United Kingdom);
"financial year" has the meaning assigned thereto by paragraph 6 of Schedule 1;
"income" and "relevant income" have the meanings assigned thereto by paragraph 7 of Schedule 1;
"national of a member state of the European Community" means a person who is a national of any member state of the European Economic Community for the purposes of the Community Treaties;
"public transport" has the meaning assigned thereto by paragraph 16(a) of Schedule 1;
"the Scheme" means the aided pupils scheme specified in Schedule 1.
(2) Except where the context otherwise requires, in these Regulations any reference to a Regulation or Schedule is a reference to a Regulation or Schedule contained in these Regulations, any reference in a Regulation or Schedule to a paragraph is a reference to a paragraph of that Regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
References to schools
4.—(1) Subject to paragraph (2), any reference in these Regulations to a school is a reference to any one of the following schools, namely—
The Chetham's School of Music, Manchester;
The Purcell School, Harrow;
The Royal Ballet School, London;
The Wells Cathedral School, Somerset;
The Yehudi Menuhin School, Surrey,
being a school which has adopted the aided pupil scheme specified in Schedule 1.
(2) Any reference to a school is to be construed, in relation to the Royal Ballet School, as confined to the Lower Division thereof.
(3) Except where the context otherwise requires, references to a school include references to the governing body thereof and persons acting with their authority.
References to parents
5.—(1) Except where the context otherwise requires and subject to paragraph (2), any reference in these Regulations to the parents of a child or aided pupil is a reference—
(a) in the ordinary case, to his father and mother or, where one is dead, to the survivor and, should he remarry, his spouse;
(b) where his parents, defined as in sub-paragraph (a), are divorced or, in any of the circumstances mentioned in paragraph (3), separated, to that one of them who has, or in pursuance of an order of a court is entitled to, actual custody of the child or pupil and, should that person being divorced remarry, his spouse;
(c) where he has no parents defined as in sub-paragraphs (a) and (b), to his guardian or guardians, if any;
(d) where he has no parents so defined and no guardian, to the person or persons who have actual custody of the child or pupil.
(2) Where—
(a) a child or aided pupil either has no parents defined as in paragraph (1)(a), (b) and (c) or he has such parents but the school are satisfied that they cannot be found, and
(b) he is either in the care of a local authority or in the care of a voluntary organisation within the meaning of section 88 of the Children Act 1975(a),
then, for the purposes of these Regulations, he shall be treated as a child whose parents have no income but, subject as aforesaid, any reference to his parents shall be construed as a reference to the authority or organisation in whose care he is.
(3) The circumstances referred to in paragraph (1)(b) are that the parents are separated in pursuance of a decree of judicial separation or other order of a court or, where they are not separated as aforesaid, that either it is not reasonably practicable to find one of the parents or that, in pursuance of an order of a court—
(a) one parent is liable to make periodic payments to or for the benefit of the other or one or more of their children, or
(b) one parent has been given custody of, or access to, one or more of their children, or
(c) one parent is prohibited from entering the matrimonial home.
PART II
GRANT
Grant in respect of aided pupil scheme
6. Subject to the provisions of this Part, the Secretary of State shall, in respect of any school year beginning on or after 1st September 1981, pay to each school grant in respect of their expenditure in operating the Scheme and the amount of the grant in respect of any school year shall equal the aggregate of—
(a) the fees and charges for that year remitted by them, and
(b) the grants made by them in that year,
in accordance with the Scheme.
Conditions of grant
7. The making of payments by way of such grant shall, in the case of each school, be subject to grant being claimed in accordance with Regulation 8 and the fulfilling of the conditions mentioned in Schedule 2 applicable in the case of the school.
Grant claims
8.—(1) Grant shall be claimed by a school in respect of such periods, not being less than a term, as appear to them appropriate but, subject as aforesaid,
(a) 1975 c.72.
grant claims shall be submitted to the Secretary of State at such times, in such manner and form and be supported by such declarations and other information, as the Secretary of State may require.
(2) Grant claims may be submitted 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 original claim.
Payment of grant
9.—(1) Subject to Regulation 7, as soon as is reasonably practicable after he is satisfied as respects a grant claim, the Secretary of State shall pay the grant in pursuance of the claim without prejudice, however, where he considers it appropriate, to his making earlier payments on account in pursuance of the claim or in pursuance of a provisional claim in respect of 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.
SCHEDULE 1
AIDED PUPIL SCHEME
PART 1
ELIGIBILITY FOR AIDED PLACES
General
1.—(1) The school shall select children to hold aided places thereat but a child shall only be eligible for such selection if all the conditions mentioned in this Part are, so far as relevant, satisfied in his case:
Provided that in relation to the Royal Ballet School or the Yehudi Menuhin School, the said conditions shall not apply in the case of a pupil at the school in question before 1st September 1981 in respect of whom fees were remitted in accordance with arrangements approved by the Secretary of State for the purposes of the Royal Ballet School and the Yehudi Menuhin School (Grants) Regulations 1973.
(2) Nothing in this paragraph shall prevent a child from being selected for an aided place in advance of its being ascertained that such a condition is satisfied if the selection is subject to the condition being satisfied.
Conditions as to residence
2.—(1) It shall be a condition that the child shall either—
(a) have been ordinarily resident in the British Islands throughout the period of two years preceding 1st January in the calendar year in which he would take up an aided place at the school ("the relevant date"), or
(b) in the case of such a child as is mentioned in sub-paragraph (2), have been so ordinarily resident in the European Community as constituted during the relevant two year period, or
(c) in the case of such a child who is a refugee as is mentioned in sub-paragraph (3), have not been ordinarily resident outside the British Islands since he was recognised as a refugee.
(2) The child referred to in sub-paragraph (1)(b) is one who is resident in the British Islands on the relevant date and is the child of a national of a member state of the European Community who—
(a) where he is employed on the relevant date, is then in employment in the British Islands, or
(b) where he is not employed on that date, by reason of retirement or otherwise, was last employed in such employment.
(3) The child who is a refugee referred to in sub-paragraph (1)(c) is a child recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which...
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