Citation and commencement

1. These Regulations may be cited as the St Mary's Music School (Aided Places) Regulations 1995 and shall come into force on 1st August 1995.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:-

"the Act" means the Education (Scotland) Act 1980;

"aided place" means any place at the school, in respect of which place fees are to be remitted in accordance with the Scheme;

"aided pupil" means any child who has been admitted or is about to be admitted to an aided place;

"allowance" means an allowance payable by the Secretary of State in terms of these Regulations;

"chorister" means a child who attends the school wholly or mainly in connection with singing in St Mary's Cathedral Choir;

"fees" means-

"Scheme" means the Scheme for Aided Places at St Mary's Music School set out in Schedule 1;

"school" means St Mary's Music School, Edinburgh and references to the school include references to the managers thereof and persons acting with their authority; and

"school year" means a period of 12 months commencing on 1st August of any year.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, these Regulations bearing that number and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

Payment of allowances

3.-(1) The Secretary of State may pay to the school allowances in respect of persons attending the school as aided pupils.

(2) Subject to the following provisions of these Regulations, the allowances referred to in paragraph (1) shall be of an amount equal to any fees or charges remitted or grants made by the school in terms of the Scheme.

(3) Payment of the allowances referred to in paragraph (1) shall be subject to the school submitting claims in accordance with regulation 4 and complying with the conditions specified in regulation 5.

Claims for payment of allowances

4.-(1) The school may submit to the Secretary of State claims for payment of the allowances referred to in regulation 3 (hereinafter referred to as "reimbursement claims") in respect of such periods, not being less than a term, as appear to it appropriate and, with his consent, claims may be submitted on the basis of an estimate of fees or charges remitted or grants made ("provisional claims"); but, where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.

(2) As soon as is reasonably practicable after he is satisfied as respects a reimbursement claim, the Secretary of State shall pay allowance to the school in pursuance of the claim in accordance with these Regulations, without prejudice, however, where he considers it expedient to do so, to his making earlier payments of allowance on account in pursuance of the reimbursement claim or in pursuance of a provisional claim in respect of the same period.

Conditions of payment

5. It shall be a condition of payment of an allowance that the Secretary of State is satisfied that-

(a)in respect of the period to which the reimbursement claim relates, the school has applied the Scheme;

(b)the school has remitted all fees and charges and made all grants, in respect of which the reimbursement claim is submitted, in terms of the Scheme;

(c)in respect of the period to which the reimbursement claim relates, the school has complied with the requirements specified in regulations 7 to 16; and

(d)the school has not, in respect of the school year relative to which, or part of which, the reimbursement claim is submitted, given aided places to-

(i)more pupils than the Secretary of State, after consultation with the school, has specified;

(ii)more day or boarding pupils than the Secretary of State, after consultation with the school, may have specified; or

(iii)more choristers than the Secretary of State, after consultation with the school, may have specified.

Requirements following payment of allowances

6. When allowances have been paid to the school by the Secretary of State under these Regulations or under the St Mary's Music School (Aided Places) Regulations 1989(2), the school shall comply with the requirements in regulations 7 to 16.

Publication of information

7. The school shall publish annually in a Scottish national newspaper circulating at least weekly, information on the following matters:-

(a)that the school offers aided places in accordance with the Scheme;

(b)one or more addresses and telephone numbers at which information about aided places may be obtained;

(c)that, on written application being made by parents of children eligible for a place, information about the school will be supplied to them;

(d)that information about the school is available for inspection or reference purposes at the times and places stated.

Supply of information

8. The school shall supply in writing to the parent of a pupil eligible for an aided place in the school, on a written request being made therefor, information of the kinds specified in Schedule 2.

Updating of information

9. The school shall review yearly and revise as necessary its provision of information of the kinds specified in Schedule 2 and such provision shall at all times state the school year to which the information therein referred to relates or refers and shall contain a warning that, although the information given is believed to be correct in relation to that year at a date specified in the provision, it should not be assumed that there will be no change in or affecting the matters covered by the provision-

(a)before the commencement or during the course of the school year in question; or

(b)in relation to subsequent school years.

Information to Secretary of State

10. The school shall furnish the Secretary of State with-

(a)information required to be supplied under regulation 8 revised as necessary in accordance with regulation 9 not later than the end of the school year in which revision is made;

(b)such periodic returns and other information as he may require relating to the school or pupils thereat, including in particular information relevant to an intended increase in fees for pupils at the school;

(c)such information as he may require relating to any reimbursement claim or provisional claim submitted in accordance with these Regulations.

Fees

11.-(1) The school shall obtain the approval of the Secretary of State to all tuition and other fees and charges payable in respect of aided pupils and such fees and charges shall not include any sum to be paid into a bursary or similar fund.

(2) The school shall not make it a condition of the attendance of an aided pupil at the school that any payment otherwise than in respect of fees be made to the school or into a fund specified by the school.

School accounts

12.-(1) The accounts of the school shall-

(a)if the Secretary of State so requires, be kept in a form specified by him;

(b)be audited by an independent auditor.

(2) At the request of the Secretary of State, the school shall furnish him with copies of its accounts for such periods as he may specify together with copies of the auditor's certificate relating to them.

School governing body

13.-(1) If, after consultation with the school, the Secretary of State so directs, the school shall, as from a date specified by him, permit-

(a)one or two members appointed by him to be included on the governing body of the school; or

(b)one or two persons representing him to attend, and take part in any discussions at, meetings of the governing body, notwithstanding that they are not members thereof and have no say in any decision taken thereat.

(2) This regulation shall apply in relation to a committee or sub-committee of the governing body of the school and the meetings thereof as it applies in relation to the governing body and that body's meetings.

(3) The school shall permit a member of Her Majesty's Inspectorate of Schools, on prior arrangement with the school, to attend any audition arranged by the school for the selection of pupils to be admitted to the school.

Proposals relating to premises

14.-(1) The school shall notify to the Secretary of State any proposals it has to-

(a)acquire new premises; or

(b)make alterations to existing premises.

(2) If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Proposals relating to boarding arrangements

15.-(1) If the Secretary of State so requires, the school shall notify to him any proposals it has to-

(a)make arrangements for boarding pupils; or

(b)change existing arrangements for such pupils.

(2) If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Overpayments

16. The school shall repay to the Secretary of State any overpayment of allowance which appears to him to have been made to the school and, in particular, but without prejudice to that generality, where the amount of any reimbursement claim under these Regulations is less than the amount paid to the school under a provisional claim, the school shall repay the amount overpaid to the Secretary of State.

Revocations

17. The Regulations specified in Schedule 3 are hereby revoked.

Regulation 2(1)

SCHEDULE 1SCHEME FOR AIDED PLACES AT ST MARY'S MUSIC SCHOOL

PART 1INTRODUCTORY

Interpretation

1.-(1) In this Scheme, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:-

"the Act" means the Education (Scotland) Act 1980(3);

"aided place" means any place at the school, in respect of which place fees are to be remitted in accordance with this Scheme;

"aided pupil" means any child who has been admitted or is about to be admitted to an aided place;

"British Islands" means the United Kingdom, the Channel Islands and the Isle of Man;

"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 135(1) of the Act, "child" includes a person who is over school age but has not attained the age of 20 years at the commencement of any school year of the school;

"chorister" means a child who attends the school wholly or mainly in connection with singing in St Mary's Cathedral Choir;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(4) as adjusted by the Protocol thereto signed at Brussels on 17th March 1993(5);

"EEA State" means a state which is a Contracting Party to the EEA Agreement;

"employment" includes the holding of any office and any occupation for gain (including self-employment in any trade, profession or vocation); and "employed" shall be construed accordingly;

"European Economic Area" means the area of the EEA States and includes those States at any time before the EEA Agreement came into force in relation to them;

"fees" means-

"financial year" has the meaning assigned thereto by paragraph 9(1);

"first aided year" has the meaning assigned thereto by paragraph 2(3);

"income", "relevant income" and "total income" have the meanings respectively assigned thereto by paragraph 10(1) and 10(2);

"refugee" means a person who-

"relevant date" means 1st January in the calendar year in which an aided pupil's first aided year begins;

"school" means St Mary's Music School, Edinburgh and references to the school include references to the managers thereof and persons acting with their authority;

"school day" means any day during which the school is open for the attendance of pupils; and

"school year" means a period of 12 months commencing on 1st August of any year.

(2) Except where the context otherwise requires, any reference in this Scheme 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 father or mother, having actual custody of him, has married a person who is not his parent, to that parent and his spouse;

(c)where his parents, defined as in head (a) are divorced or, in any of the circumstances mentioned in sub-paragraph (4), 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 aided pupil and, should that person being divorced remarry, his spouse;

(d)where he has no parents defined as in heads (a), (b) and (c), to his guardian or guardians (if any) or to any person or persons who have been granted custody in pursuance of an order of a court (including any order made under section 3 of the Law Reform (Parent and Child) (Scotland) Act 1986(8);

(e)where he has no parents so defined and no guardian, or where there is no order of a court granting custody, to the person or persons who have actual custody of the child or aided pupil.

(3) Where-

(a)a child or aided pupil either has no parents defined as in sub-paragraph (2)(a), (b), (c) or (d) or he has such parents whose whereabouts are unknown; and

(b)he is in the care of a local authority or a voluntary organisation under any enactment or is subject to a supervision requirement imposed by a children's hearing under section 44 of the Social Work (Scotland) Act 1968(9),

then, for the purposes of this Scheme, he shall be treated as a child or aided pupil whose parents have no income and subject thereto any reference in this Scheme to his parents shall be construed as a reference to the authority or organisation in whose care or under whose supervision he is.

(4) The circumstances referred to in sub-paragraph (2)(c) are that the parents are separated under an order of a court of competent jurisdiction or by a deed of separation 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.

(5) In this Scheme, unless the context otherwise requires-

(a)any reference to a paragraph is a reference to a paragraph of this Scheme;

(b)any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph;

(c)any reference in a sub-paragraph to a head is a reference to a head of that sub-paragraph.

PART IIELIGIBILITY FOR REMISSION OF FEES

Conditions as to eligibility

2.-(1) A child shall be eligible for remission of fees payable to the school only if all the conditions mentioned in this Part are, so far as relevant, satisfied in his case.

(2) Nothing in this paragraph shall prevent a child from being admitted to an aided place in advance of its being ascertained that such a condition is satisfied if the admission is subject to the condition being satisfied.

(3) In this Part "first aided year" means the school year in which a child would first take up an aided place if admitted thereto.

Conditions as to residence

3.-(1) It shall be a condition that a child shall-

(a)have been ordinarily resident in the British Islands throughout the period of two years immediately preceding the relevant date; or

(b)be a national of an EEA State-

(i)who has been ordinarily resident in the European Economic Area throughout the period of two years immediately preceding the relevant date; and

(ii)to whom paragraph (2) applies; or

(c)be a refugee or the child of a refugee who has not been ordinarily resident outside the British Islands since he or, as the case may be, his parent was recognised as a refugee or granted leave to enter or remain in the British Islands as a refugee.

(2) This paragraph applies to a child whose parents are entitled to a remission of fees by virtue of Article 7(2) or (3) or Article 12 of the Council Regulation (EEC) No.1612/68(10) on freedom of movement for workers within the Community, (which was extended to apply to the whole European Economic Area by the EEA Agreement).

(3) A child shall be treated for the purposes of sub-paragraph (a) and (b) of paragraph (1) 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 European Economic Area during any part of the period mentioned in those sub-paragraphs.

Conditions as to age

4.-(1) It shall be a condition that a child-

(a)shall have attained the age of 8 years before taking up an aided place at the school; or

(b)will attain that age on or before 31st July next following his taking up an aided place.

(2) In the case of a child who is, or if admitted to an aided place will be, a chorister, it shall be a condition that he has not attained the age of 13 years at the commencement of a school year in which he holds an aided place.

Conditions as to education

5. It shall be a condition that a child shall follow a course at the school of education in music (otherwise than wholly or mainly in connection with singing in a choir), or shall be a chorister.

Conditions as to income

6.-(1) 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-

(a)a declaration of relevant income for the financial year immediately preceding the school year in relation to which the application for fee remission is made, or

(b)if such a declaration cannot be furnished, a declaration of relevant income for the financial year preceding that financial year and a declaration of estimated relevant income for that financial year; and

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

(2) The school shall not admit to an aided place a child whose fees for his first aided year would not fall to be remitted in whole or in part in pursuance of Part III of this Scheme.

Conditions as to furnishing of information

7. 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 requisite for determining whether he is eligible for selection for such a place.

PART IIIREMISSION OF FEES

References to remission questions

8.-(1) For the purposes of this Part "remission questions" mean the questions whether or not the parents of a pupil are entitled to any remission of fees payable in respect of him and the extent of such remission.

(2) Questions whether aid should be granted as hereinafter provided by way of remission of fees shall be determined by the school for the school year in which a pupil takes up an aided place and for each subsequent school year by reference to the relevant income as respects the pupil, whether or not the parents have been entitled to any aid as respects a previous school year; and such questions and aid are hereinafter referred to, respectively, as "aid questions" and "aid".

(3) Where either-

(a)the 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 number of children of the parents who hold aided places differs for different parts of the school year,

aid questions shall be determined by the school for that part, or separately for those parts, and the extent to which fees in respect of part of a 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 bear to the fees for the whole school year; and for the purposes of this paragraph the duration of the school year and such part shall be calculated with reference to the total number of school days occurring therein respectively.

References to financial years

9.-(1) For the purposes of this Part, "financial year" means, subject to sub-paragraph (2), a year ending with 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) Where the parents of a pupil satisfy the school that their income is wholly or mainly derived from the profits of a business, 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 with such date as appears to the school expedient, having regard to any accounts kept in respect of that business, profession or vocation and the periods covered thereby:

• Provided that, where that 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 year last so ending before 6th April in the calendar year in which the school year begins and "current financial year" shall mean the year so ending on or after that 6th April and before the beginning of the school year.

References to income

10.-(1) For the purposes of this Part the income of any person for a financial year shall, subject to the provisions of the Appendix to this Scheme, be taken to be his total income for that year; and, in this paragraph and that Appendix, "total income" has the same meaning as in section 1(2)(b) of the Income and Corporation Taxes Act 1988(11).

(2) For the purposes of this Part "relevant income" as respects parents of an aided pupil means, in relation to any financial year, their income for that year aggregated with the unearned income for that year, if any, of the pupil himself and of any other of the parents' children who are wholly or mainly dependent on them at the time the relevant income is calculated less, where sub-paragraph (3) or (5) applies, the sum there mentioned; and 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 £1,165 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 the parents or on payments made to him or for his benefit as mentioned in paragraph (4),

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

(5) Where a child (other than the aided pupil) who is wholly or mainly dependent on 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 £1,165 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that sum shall be deducted from the relevant income in lieu of the £1,165 prescribed in respect of that child by sub-paragraph (3).

(6) The awards referred to in sub-paragraph (5) are-

(a)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 Act(12) providing for the payment of allowances to students(13);

(b)a bursary granted by an education authority pursuant to regulations from time to time in force and having effect under section 49 of the Act(14) providing for the payment of bursaries to persons undertaking courses of full-time education which are not courses of school education(15);

(c)a mandatory award paid by a local education authority in England and Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962(16) providing for the payment of awards to students attending specified courses of further or higher education(17);

(d)an award made by-

(i)an education and library board in Northern Ireland pursuant to article 50 of the Education and Libraries (Northern Ireland) Order 1986(18) and regulations from time to time in force thereunder(19), being an award for the purposes of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations; or

(ii)the Department of Education for Northern Ireland pursuant to article 51 of the said Order and regulations from time to time in force thereunder(20) being an award in respect of attendance at a course for the training of teachers.

(7) In this paragraph, any reference to the parents of an aided pupil is a reference to the persons who are his parents at the time the relevant income is calculated.

General provisions relating to remission

11.-(1) The parents of an aided pupil shall not be entitled to any remission of fees for which they are liable in respect of a period before the pupil took up his aided place or (in lieu of notice or otherwise) 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.

(2) The parents of an aided pupil shall be under no obligation to apply for remission of fees as respects a particular school year if they consider themselves not entitled thereto but if, as respects such a year, they do not-

(a)duly apply to the school for remission of fees payable for that year; or

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

they shall not be entitled to any remission of fees for that year.

(3) If the Secretary of State is satisfied that, in the case of a particular aided pupil, his parents have furnished information required for determining remission questions which they know to be false in a material particular, or have recklessly furnished such information which is false in a material particular, he may direct that those parents shall not be entitled to any remission of fees in the case of that pupil and, if he so directs, in the case of any other of their children who are aided pupils, as respects a specified school year and, if he so directs, any subsequent school year:

Provided that-

(a)the Secretary of State shall not give a direction hereunder without affording the parents concerned an opportunity to make representations or without considering such representations;

(b)the giving of a direction hereunder shall be without prejudice to its variation or revocation by a subsequent direction.

(4) This paragraph shall have effect notwithstanding anything in paragraph 8 or any other provision of this Scheme.

12.-(1) Subject to sub-paragraphs (2), (3) and (4), remission 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 remission questions have been determined but before the end of the current financial year and the school are satisfied that the income of the surviving parent in that year, when aggregated with that of the deceased parent, is likely to be less than their aggregated income in the preceding financial year, the remission 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 to the preceding financial year were a reference to the current financial year and the reference to the pupil's parents in paragraph 10(2) included a reference to the deceased parent (notwithstanding the provision of paragraph 10(7)).

(3) This sub-paragraph shall apply in a case not falling within sub-paragraph (2) if-

(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 pupil's parents, likely to be not more than 85% of the relevant income in the preceding financial year; or

(b)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 the Secretary of State approves the application of this head;

and, in a case to which this sub-paragraph applies, remission questions shall be determined in relation to 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 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 the school year, the requisite information as to relevant income for the appropriate financial year, then, in relation to that school year, remission questions may be determined provisionally, by reference to relevant income for earlier financial years as the school thinks fit but-

(a)no such provisional determination shall be more favourable to the parents than one arrived at 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 is satisfied that it has become reasonably practicable for them to do so but they have failed to furnish it; and

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

Remission of fees-boarding pupils

13.-(1) This paragraph shall apply in the case of an aided pupil who is a boarder at the school.

(2) Where the relevant income for the appropriate financial year does not exceed £8,357, the fees shall be wholly remitted.

(3) In any other case the fees for the 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 fees is of 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 those parts in column (2), where only one child of the parent holds an aided place at the school;

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

(c)specified for the purposes hereof by the Secretary of State, where more than two children of the parents hold such aided places:-

Remission of fees-day pupils

14.-(1) This paragraph shall apply in the case of an aided pupil who is a day pupil at the school.

(2) Where the relevant income for the appropriate financial year does not exceed £10,512 the fees shall be wholly remitted.

(3) In any other case the fees 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 fees is of an amount (rounded down to the nearest multiple of £3) equal to the percentage mentioned below of that part of the relevant income which exceeds £10,363, namely-

(a)10% of that part, where only one child of the parents holds an aided place at the school;

(b)7.5% of that part, where two children of the parents hold such aided places;

(c)such percentage of that part as is specified for the purposes hereof by the Secretary of State, where more than two children of the parents hold such places.

15. Where the parents of an aided pupil also have a child who is the holder of an assisted place in Scotland as defined in regulation 2(1) of the Education (Assisted Places) (Scotland) Regulations 1995(21), or is the holder of an assisted place at an independent school in England or Wales by virtue of a scheme operated by the Secretary of State for Education pursuant to section 17 of the Education Act 1980(22), the parents' residual liability for fees shall be calculated in accordance with paragraph 13 or 14, as the case may be, as if their child who is an assisted pupil held an aided place for the purposes of that paragraph.

PART IVMAKING OF GRANTS AND REMISSION OF CHARGES

Charges qualifying for remission

16.-(1) The provisions of this Part shall apply in relation to the making of grants and remission of charges in respect of an aided pupil.

(2) Subject to the provisions of this Part, the school shall make grants in respect of school travel expenditure (hereinafter in this Part referred to as "school travel grants") and clothing expenditure (hereinafter in this Part referred to as "clothing grants") and shall remit charges in respect of meals provided and participation in field study courses, all in accordance with the provisions of this Part.

(3) Subject to the provisions of paragraphs 18(3) and 24, no grant shall be made in pursuance of this Scheme to a parent of an aided pupil in respect of school travel or clothing expenditure incurred or relating to any period before the date on which he took up an aided place or after the date on which he ceased to hold an aided place; and no such charges as are mentioned in sub-paragraph (2) in respect of any such period shall be remitted in pursuance of this Scheme.

(4) Where a pupil attended the school before he took up an aided place thereat, then in pursuance of this Scheme-

(a)no grants shall be paid to his parents in respect of expenditure incurred before the date he took up his aided place;

(b)no charges shall be remitted in respect of a period before that date.

(5) The parents of an aided pupil shall not be entitled to any grants from the school in respect of such expenditure incurred relating to a period 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 nor shall they be entitled to any remission of charges for which they are liable (in lieu of notice or otherwise) in respect of such a period.

(6) In this paragraph, "school travel expenditure" includes school travel expenditure as defined in paragraphs 19 to 24 and "clothing expenditure" has the meaning assigned thereto by paragraph 18(1).

Remission of charges for meals-day pupils

17. Where the parents of an aided pupil who is a day pupil satisfy the school at any time during a school year, or the month preceding the beginning of a school year, that they are in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992(23), then the school shall remit the whole of any charges for meals-

(a)for the whole of that school year, where it is satisfied as aforesaid at or before the beginning thereof, or

(b)for the remainder of the school year where it is satisfied in the course thereof,

notwithstanding that the parents may cease to be in receipt of income support between the school being so satisfied and the end of the school year in question.

Clothing grants

18.-(1) In this paragraph "clothing expenditure" means expenditure on items of clothing (including sports clothing) to be worn by an aided pupil either at school or for the purposes of school activities which the school is satisfied-

(a)has been incurred by the pupil's parents, or

(b)is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the payment of grant.

(2) Subject to and in accordance with this paragraph, the school shall, in the cases mentioned in sub-paragraphs (3) and (4), pay a clothing grant to the parents of a pupil holding an aided place thereat in respect of their clothing expenditure.

(3) Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil's first year at the school clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,873 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed-

(a)£166, where the relevant income does not exceed £9,545;

(b)£124, where that income exceeds £9,545 but does not exceed £9,988;

(c)£81, where that income exceeds £9,988 but does not exceed £10,417;

(d)£41, where that income exceeds £10,417 but does not exceed £10,873:

Provided that any clothing grant which would fall to be paid in pursuance of this sub-paragraph in a pupil's first aided year at the school may be paid during the two months immediately preceding that year.

(4) Except where sub-paragraph (3) applies, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,417 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which such a previous grant has been paid) as does not exceed-

(a)£62, where the relevant income does not exceed £9,711;

(b)£30, where that income exceeds £9,711 but does not exceed £10,417.

School travel expenditure qualifying for grants

19. Paragraph 20, 21, 22 or, as the case may be, 23 shall apply to the making of grants in respect of school travel expenditure, that is to say, subject to the paragraph in question, the aggregate expenses incurred in the case of a pupil holding an aided place at the school in respect of his journeys to and from the school-

(a)by public transport, that is to say, by train, bus, boat, hovercraft or air services available to the public;

(b)by transport provided in pursuance of arrangements which, at the request of the school, are for the time being approved by the Secretary of State;

(c)by transport provided by an education authority; or

(d)by any combination thereof.

School travel grants-boarding pupils

20.-(1) This paragraph shall apply in the case of an aided pupil who is a boarder (other than a weekly boarder) at the school.

(2) The school shall, in respect of each school year, pay a school travel grant to the parents of an aided pupil thereat in relation to school travel expenditure reasonably incurred in respect of twelve single journeys either to or from the school actually made by the pupil in that year to visit a parent or guardian or other relative:

Provided that for the purposes hereof-

(a)where a pupil's expenses are in respect of journeys by public transport and they are in excess of what they would have been if advantage had been taken of available arrangements for reduced or concessionary fares, the excess shall be disregarded;

(b)where a pupil's expenses are in respect of journeys by air and they are in excess of what they would have been if advantage had been taken of available train, boat or hovercraft services and arrangements for reduced or concessionary fares, the excess shall be disregarded;

(c)where a visit is to a place other than the pupil's home and his expenses are in excess of what they would have been if the visit had been to his home, the excess shall be disregarded;

(d)where a visit is to a place outside the British Islands, so much of the expenses as are in respect of a journey between a port, hoverport or airport within the British Islands and that place shall be disregarded.

School travel grants-weekly boarding pupils

21.-(1) This paragraph shall apply in the case of an aided pupil who is a weekly boarder at the school.

(2) Where an aided pupil's walking distance between home and school exceeds three miles, the school shall, in respect of each school year, pay a school travel grant to the parents of an aided pupil at the school in relation to school travel expenditure reasonably incurred in respect of journeys between home and school in that year:

Provided that for the purposes hereof-

(a)where a pupil's expenses are in respect of journeys by public transport and they are in excess of what they would have been if advantage had been taken of available arrangements for reduced or concessionary fares, the excess shall be disregarded;

(b)where a pupil's expenses are in respect of journeys by air and they are in excess of what they would have been if advantage had been taken of available train, boat or hovercraft services and arrangements for reduced or concessionary fares the excess shall be disregarded;

(c)where a journey is to a place other than the pupil's home and his expenses are in excess of what they would have been if the journey had been to his home, the excess shall be disregarded;

(d)where a journey is to a place outside the British Islands, so much of the expenses as are in respect of a journey between a port, hoverport or airport within the British Islands and that place shall be disregarded.

School travel grants-day pupils

22.-(1) This paragraph shall apply in the case of an aided pupil who is a day pupil at the school.

(2) Where an aided pupil's walking distance between home and school exceeds three miles the school shall, in respect of each school year, pay a school travel grant to the parents of the pupil in relation to school travel expenditure incurred in respect of journeys between home and school in that year:

Provided that for the purposes hereof-

(a)where a pupil's expenses are in respect of journeys in excess of twenty-five miles each way by such transport as is mentioned in paragraph 19, account shall be taken of only so much of the expenses as bears the same proportion to the full amount thereof as twenty-five miles bears to the length in miles of the journey in question measured with reference to the actual distance by the shortest available route between the pupil's home and the school;

(b)where a pupil's expenses are in respect of journeys by public transport and they are in excess of what they would have been if advantage had been taken of available arrangements for season tickets or reduced or concessionary fares, the excess shall be disregarded.

School travel grants-travel to universities, etc.

23. A school travel grant shall also be payable in respect of school travel expenditure reasonably incurred in relation to journeys actually made by the pupil in the school year within the British Islands for the purpose of attending a university, college or other establishment of further education at the invitation of the establishment with a view to being admitted to that establishment for the purpose of further education; and said grant shall be payable in respect of not more than three such journeys from the school or from the pupil's home to such an establishment and three journeys from the establishment to the school or to the pupil's home in any school year.

Amount of school travel grants

24.-(1) The amount, if any, of the school travel grant for a school year payable in the case of an aided pupil shall be determined as follows by reference to the school travel expenditure for that year in relation to which it is paid and the relevant income as respects the pupil-

(a)where the relevant income does not exceed £9,724, the school travel grant shall be of an amount equal to that of the school travel expenditure to which it relates;

(b)in any other case, the school travel grant shall be of the amount, if any, by which the school travel expenditure to which it relates exceeds an amount (rounded down to the nearest multiple of £3) equal to one-twelfth of that part of the relevant income which exceeds £9,545.

(2) The school may, in the course of, or immediately before, a school year, make payments on account of the grant which it appears to it will be payable for that year but, where payments on account are made, within three months of the final determination of the amount (if any) of the grant, any overpayment or underpayment of grant for the year in question shall be adjusted by payments between the parents and the school.

Remissions and grants

25.-(1) The questions whether or not the parents of an aided pupil are entitled in or for any school year to-

(a)remission of charges for meals under paragraph 17,

(b)school clothing grant under paragraph 18,

(c)school travel grant under paragraphs 19 to 24,

and the amount or extent thereof shall be determined as provided in paragraph 8 in like manner as questions relating to fees remission in that year are determined under that last mentioned paragraph; provided that in any case where the circumstances are such as are mentioned in either paragraph 8(3)(a) or (b) and the amount or extent of a school clothing grant requires to be determined, the foregoing provision shall not apply.

(2) Paragraphs 8(2), 9, 10, 11(2), (3) and (4) and 12 and the Appendix to this Scheme shall apply for the purposes of paragraphs 16 to 24 as if any references therein-

(a)to the remission of fees were a reference to the grants and remission of charges for meals mentioned in sub-paragraph (1);

(b)to remission questions were a reference to the questions so mentioned.

Remission of charges for field study courses

26.-(1) In this paragraph a "field study course" means a course of field study (provided by the school or otherwise) which forms part of a course of school education at the school for any examination conducted by the Scottish Examination Board or other examinations comparable thereto, being examinations in-

(a)biology;

(b)botany;

(c)geography;

(d)geology;

(e)zoology;

(f)music; or

(g)any other subject approved for the purposes hereof by the Secretary of State;

and a reference to a relevant public examination shall be construed accordingly.

(2) Charges which the school would otherwise make in respect of the participation in a field study course of an aided pupil while holding an aided place at the school shall be remitted in accordance with this paragraph.

(3) The remission of charges mentioned in sub-paragraph (2) shall be made if, and only if, the pupil in respect of whom remission is to be made-

(a)is a candidate or prospective candidate for a relevant public examination; and

(b)his parents are entitled in accordance with Part III of this Scheme to remission of fees in whole or in part for the school year in which the course is held.

APPENDIX TO SCHEME FOR AIDED PLACESCOMPUTATION OF INCOME

Paragraph 10

1.-(1) This Appendix shall have effect for the purposes of determining a person's income for the purposes of this Scheme by reference to his total income.

(2) In this Appendix any reference to the Act of 1988 is a reference to the Income and Corporation Taxes Act 1988(24).

2. Where any income of a person is not part of his total income by reason only that-

(a)he is not resident, ordinarily resident or domiciled in the United Kingdom, or

(b)the income does not arise in the United Kingdom, or

(c)the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any enactment,

his income for the purposes of this Scheme shall be computed as though such income were part of his total income.

3.-(1) For the purposes of this Scheme, a person's total income shall be computed as though there did not fall to be made any of the deductions or reliefs (by way of income tax reduction or otherwise) mentioned in sub-paragraph (2).

(2) The deductions or reliefs referred to in sub-paragraph (1) are any which fall to be made-

(a)by way of personal reliefs provided for in Chapter I of Part VII of the Act of 1988, other than in section 265 thereof (relief for blind persons);

(b)pursuant to Chapters I, II and III of Part XIV of the Act of 1988 so far as applicable in respect of superannuation or other payments made by a person, or in respect of deductions made from his salary, for the purpose of securing the payment to or in respect of him of pensions, annuities or other future benefits;

(c)pursuant to section 639(1) of the Act of 1988 (relief for contributions to personal pension schemes);

(d)in respect of payments by way of relevant loan interest within the meaning of section 370 of the Act of 1988;

(e)pursuant to section 353(1) and (1A) to (1H) of the Act of 1988 in respect of interest payments eligible for relief or deduction by virtue of section 354 of that Act (loan for purchase or improvement of land) or by virtue of section 365 of that Act (loan to buy life annuity);

(f)in respect of any sums paid under a deed of covenant otherwise than to a child of the person concerned who is wholly or mainly dependent upon him;

(g)pursuant to section 193(1) of the Act of 1988 in respect of earnings from work done abroad;

(h)pursuant to section 617(5) of the Act of 1988 (relief for Class 4 contributions);

(i)pursuant to sections 574, 575 and 576 of the Act of 1988 (relief for losses on unquoted shares in trading companies);

(j)pursuant to Chapter III of Part VII of the Act of 1988 (relief for investment in corporate trades) but, in relation to shares issued before 1st January 1994, disregarding the amendments made thereto by section 137 of and Schedule 15 to the Finance Act 1994(25);

(k)pursuant to section 202(1) to (7) and (11) of the Act of 1988 (relief for donations under payroll deduction scheme);

(l)pursuant to regulations made under section 333 of the Act of 1988 (relief for investments under personal equity plans);

(m)pursuant to section 54 of the Finance Act 1989(26) (relief for medical insurance);

(n)pursuant to section 25 of the Finance Act 1990(27) (relief for donations to charity by individuals);

(o)pursuant to sections 32 and 33 of the Finance Act 1991(28) (relief for vocational training); or

(p)pursuant to section 59 of and Schedule 10 to the Finance (No.2) Act 1992(29) (relief for letting furnished accommodation in owner occupied homes).

4. There shall be left out of account, in computing a person's total income for the purposes of this Scheme, any allowance paid to him by an adoption agency pursuant to a scheme approved by the Secretary of State under section 51(5) of the Adoption (Scotland) Act 1978(30) and any contribution paid to him by a local authority pursuant to section 50 of the Children Act 1975(31).

5.-(1) Where any income of a person includes a maintenance payment, his income for the purposes of this Scheme shall be computed as though such payment were part of his total income, whether or not such payment or any part of it would be included in his total income for tax purposes.

(2) Where any person makes a maintenance payment, his income for the purposes of this Scheme shall be computed as though such payment were not part of his total income, whether or not such payment or any part of it would be deductible for tax purposes.

(3) For the purposes of sub-paragraphs (1) and (2), "maintenance payment" means a periodical payment (not including an instalment of a lump sum) which-

(a)is made under an order by a court (whether in the United Kingdom or elsewhere) or under a written agreement or in accordance with a maintenance assessment under the Child Support Act 1991(32); and

(b)is made by one of the parties to a marriage (including a marriage which has been dissolved or annulled) either-

(i)to or for the benefit of the other party and for the maintenance of the other party; or

(ii)to the other party for the maintenance by the other party of any child of the said parties; or

(iii)to a child of the said parties for his own maintenance, benefit or education; and

(c)is due at a time when the said parties are not a married couple living together, and in that connection a married woman shall be treated as living with her husband unless they are separated under an order of a court of competent jurisdiction, or by deed of separation.

Regulation 8

SCHEDULE 2INFORMATION TO BE SUPPLIED BY THE SCHOOL

1. Arrangements of the school for the admission of pupils.

2. Any entrance requirements to be satisfied and any special categories of pupils considered in this respect.

3. The name, address and telephone number of the school, the present roll, the stages covered, denominational affiliation, if any, and the sex or sexes of pupils admitted.

4. The headteacher's name and the number of other teaching staff.

5. Arrangements for parents offered or applying for a place in the school to visit the school.

6. A statement of the school's educational aims.

7. The range and level of curriculum provided for pupils of different ages; provision for religious education and arrangements for parents who wish to withdraw their child from the religious education provided; policy or practice on homework; subject options and choices available and arrangements for parents to be consulted about such choices and provision for curricular, personal and careers guidance.

8. Arrangements for assessing pupils' progress and reporting this to parents.

9. Any arrangements made at or in connection with the school for pupils with special educational needs.

10. Extra-curricular activities.

11. Facilities available for sports and outdoor activities.

12. Policy or practice on clothing or uniform; approximate cost of each item of required uniform; and any assistance given with costs.

13. Policy or practice on discipline, including corporal punishment; school rules; action to be taken by parents and schools respectively in the event of a pupil's absence.

14. Arrangements for health care.

15. Organisation of school day; times of arrival and dismissal; school term dates and holidays for the forthcoming session.

16. Policy or practice with regard to mixed ability classes, streaming or setting.

17. Policy or practice with regard to entering pupils for public examinations and the following information for the most recent school year for which the information was available at the date of supplying the information:-

(i)the number of pupils who attained each band of awards in each such public examination, shown separately for each subject and for each stage of secondary education;

(ii)the number of pupils in each of the school stages concerned, shown separately for each stage, as recorded in the first term of the school year to which the examination results relate.

18. Arrangements for meals/snacks taken at school and any assistance given with costs; facilities for the consumption of packed lunches.

19. Any arrangements for the transport of pupils to and from school and any assistance given with costs.

20. Any other financial assistance available under schemes administered by the school.

Regulation 17

SCHEDULE 3REVOCATIONS

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the St Mary's Music School (Aided Places) Regulations 1989 which, with Regulations amending them, are revoked by regulation 17. The Regulations come into force on 1st August 1995.

The Regulations provide for the payment of allowances to St Mary's Music School, Edinburgh to reimburse them for their expenditure in respect of fees and charges remitted and grants made in operating the aided pupil scheme described in Schedule 1. Changes of substance are described below.

Regulations 1 and 2 make general provision for citation and commencement and interpretation. Regulations 3-16 deal with reimbursement claims, conditions of payment of allowances and requirements as to supply of information, fees and other miscellaneous matters.

Part I of the Scheme in Schedule 1 provides for definitions relevant to the Scheme and Part II deals with eligibility for remission of fees (including conditions as to residence (paragraph 3); age (paragraph 4); education (paragraph 5); and income (paragraph 6).

Part III of the Scheme in Schedule 1 deals with the remission of fees. The extent of remission is determined by reference to relevant income and the deduction for each dependent child and relative which is made from relevant income has been increased from £1,150 to £1,165 (paragraph 10). The level of income at or below which fees are to be wholly remitted is increased from £8,276 to £8,357 for boarders, with corresponding increases in the income scales to determine the parental contribution to fees (paragraph 13). For day pupils the relevant income is increased from £10,409 to £10,512 (paragraph 14).

Part IV of the Scheme in Schedule 1 deals with the incidental expenses of pupils holding aided places and provides for the remission of charges for meals (paragraph 17) and certain field study courses (paragraph 26), and for making grants in respect of expenditure on clothing (paragraph 18) and school travel (paragraphs 19 to 24). The following are changes of substance in Part IV:-

(a)school travel grant is paid in full where relevant income does not exceed £9,724 (formerly £9,629) and scaled down where relevant income exceeds that figure; and

(b)the limit of relevant income for clothing grant in the first year is raised from £10,765 to £10,873, with corresponding increases in the maximum amount of grant payable where relevant income is below that figure, varying from £166 to £41 (formerly £165 to £41); and in subsequent years from £10,314 to £10,417, with maximum grants remaining at £62 and £30.