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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Education (Assisted Places) (Scotland) Regulations 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010222.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 75A(9) and (10) and 75B of the Education (Scotland) Act 1980[1] and of all other powers enabling them in that behalf, and after having consulted such bodies as appear to the Scottish Ministers to be appropriate and to be representative of participating schools in accordance with section 75A(11) of that Act, hereby make the following Regulations: Citation and commencement 1. These Regulations may be cited as the Education (Assisted Places) (Scotland) Regulations 2001 and shall come into force on 1st August 2001. Interpretation 2. - (1) In these Regulations-
(ii) such other charges if any as may be excluded in the determination relating to the school; and
(b) fees for public examinations paid by a participating school in respect of candidates from the school;
(b) has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although they are considered not to qualify for recognition as a refugee, it is thought right to allow them to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly;
(2) Any reference in these Regulations to the parents of a child or assisted pupil is a reference-
(b) where the father or mother of the child or assisted pupil, with whom the child or assisted pupil normally lives, has married a person who is not the parent of the child or assisted pupil, to that parent and their spouse; (c) where the parents of the child or assisted pupil, as defined in sub paragraph (a), are divorced or, in any of the circumstances mentioned in paragraph (4), separated, to that one of them with whom the child or assisted pupil normally lives or who, in pursuance of a court order, is entitled to have the child or assisted pupil normally live with them and, should that person remarry, their spouse; (d) where the child or assisted pupil has no parents as defined in sub paragraphs (a) to (c), to their guardian or guardians (if any) or to any person or persons with whom the child or assisted pupil normally lives in accordance with either-
(ii) any subsisting court order (other than an order made under section 11(1) of the Children (Scotland) Act 1995) which specifies who is to have actual custody or care and control of the child or assisted pupil;
(e) where the child or assisted pupil has no parents so defined and no guardian, or where there is no order as mentioned in sub paragraph (d), to the person or persons who have care of the child or assisted pupil.
(3) Where a child or assisted pupil-
(b) is looked after by a local authority under the Children (Scotland) Act 1995,
then, for the purposes of these Regulations, they shall be treated as a child or assisted pupil whose parents have no income and, subject thereto, any reference in these Regulations to their parents shall be construed as a reference to the local authority who are looking after them.
(b) in pursuance of a court order or in accordance with a maintenance assessment under the Child Support Act 1991[7] one parent is liable to make periodic payments to or for the benefit of the other or one or more of their children; or (c) in pursuance of a court order-
(ii) one parent is prohibited from entering the matrimonial home.
Conditions as to eligibility 3. - (1) A child shall be eligible for admission to an assisted place only if all the conditions mentioned in this Part are, so far as relevant, satisfied in their case. (2) Nothing in this regulation shall prevent a child from being admitted to an assisted place in advance of its being ascertained that such a condition is satisfied if the admission is subject to the condition being satisfied. Conditions as to residence 4. - (1) It shall be a condition that the child shall-
(b) be a national of an EEA State-
(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 the child or, as the case may be, their 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[8] on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement).
(ii) 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
(b) such other information as may be specified for the purposes hereof by the Scottish Ministers.
(2) A participating school shall not admit to an assisted place a child whose fees for their first assisted year would not fall to be remitted in whole or in part in pursuance of Part III of these Regulations. References to remission questions 7. For the purposes of this Part "remission questions" mean the questions whether or not the parents of an assisted pupil are entitled to any remission of fees payable in respect of the assisted pupil and the extent of such remission. References to financial years 8. - (1) For the purposes of this Part "financial year" means, subject to 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 9. - (1) For the purposes of this Part the income of any person for a financial year shall, subject to the provisions of Schedule 1, be taken to be their total income for that year; and, in this paragraph and that Schedule, "total income" has the same meaning as in section 835 of the Income and Corporation Taxes Act 1988[9]. (2) For the purposes of this Part "relevant income" as respects parents of an assisted 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 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 paragraph (3) or (5) applies, the sum there mentioned; and in this paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment. (3) Subject to paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,430 in respect of each person other than the assisted pupil who-
(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 assisted 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 Schedule 1, but excluding any other payments which fall to be deducted in ascertaining total income for the purposes of these Regulations.
(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[12] providing for the payment of bursaries to persons undertaking courses of full-time education which are not courses of school education[13]; (c) 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[14] providing for the payment of awards to students attending specified courses of further or higher education[15]; (d) an award made by-
(ii) the Northern Ireland Executive's Higher and Further Education, Training and Employment Department pursuant to article 51 of the said Order[18], being an award in respect of attendance at an approved postgraduate course at universities, colleges or other institutions, or other approved courses, or for the purpose of enabling or encouraging the holder to take advantage of educational facilities available to them.
(7) In this regulation, any reference to the parents of an assisted pupil is a reference to the persons who are the parents of the assisted pupil at the time the relevant income is calculated.
(b) subject to regulation 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.
(b) the giving of a direction hereunder shall be without prejudice to its variation or revocation by a subsequent direction.
(4) This regulation shall have effect notwithstanding anything in regulation 11 or any other provision of these Regulations.
(b) the number of children of the parents who hold assisted places differs for different parts of a school year,
the said 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.
(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 Scottish Ministers approve the application of this sub-paragraph,
and, in a case to which this paragraph applies, remission questions shall be determined in relation to the school year in question and, unless and until the Scottish Ministers otherwise direct, any subsequent school year by reference to the current financial year and, in such case, paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current 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 question any over remission or under remission of fees shall be adjusted by payments between the parents and the school.
Scales of remission
(b) a reference to a relevant assisted place, in relation to an assisted pupil, is a reference to the assisted place held by them,
and for the purposes of this regulation, column (1) of Schedule 2 specifies bands of relevant income and column (2) of that Schedule specifies percentages of relevant income to be used in calculating parental contributions.
(b) the relevant income of such parents in a preceding financial year falls within a band, or bands, of income specified in column (1) of Schedule 2,
the parents shall contribute from that income an amount (rounded down to the nearest multiple of £3) equal to the aggregate of the percentages (specified in column (2) of that Schedule) of those parts of the relevant income referred to in column (1) of that Schedule.
(b) that sum of parental contribution shall be recoverable by such school or schools from those parents in accordance with paragraphs (6) and (7) below.
(5) Where the number of assisted pupils in the same family is, for the time being, two or more, the sum of parental contribution mentioned in paragraph (3) shall be increased in accordance with the following scale:-
(b) where the number of such pupils is 3 or more, by the factor of 1.75.
(6) Where assisted pupils from the same family attend two or more different participating schools, each participating school concerned shall be entitled to recover such amount of the parental contributions, relating to those pupils, as bears to that contribution the same proportion as the number of those pupils attending that school bears to the total number of assisted pupils for the time being in the family. General 14. - (1) The provisions of this Part shall apply in relation to the making of grants and remission of charges in respect of an assisted pupil. (2) Subject to the provisions of this Part, a participating 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 regulations 15(4), 16(7) and 17(1), no grant shall be made in pursuance of these Regulations to a parent of an assisted pupil in respect of school travel or clothing expenditure incurred or relating to any period before the date on which they took up an assisted place or after the date on which they ceased to hold an assisted place; and no such charges as are mentioned in paragraph (2) in respect of any such period shall be remitted in pursuance of these Regulations. (4) Where a pupil attended a school before they took up an assisted place thereat then, in pursuance of these Regulations-
(b) no charges shall be remitted in respect of a period before that date.
(5) The parents of an assisted pupil shall not be entitled to any grants from a participating school in respect of such expenditure incurred relating to a period after the pupil has left the participating school or, if the pupil remains at the school, after the end of the school year in which the pupil 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.
(b) by transport provided in pursuance of arrangements made by that school and for the time being approved by the Scottish Ministers; (c) by any combination thereof,
where the walking distance between his home and that school exceeds 3.2 kilometres each way in the case of pupils whose age does not exceed 8 years and 4.8 kilometres each way in the case of pupils of any other age, in each case measured by the nearest available route.
(b) may, in the course of, or immediately before the commencement of any school year, make payments in advance on account of any school travel grant in respect of school travel expenditure, being grant which it appears to it will fall to be made in respect of that year to the parents of such an assisted pupil,
and, where payments are made in accordance with sub-paragraph (b), any overpayment or underpayment of grant for the year in question shall, within three months of the final determination of the amount (if any) of the school travel grant, be adjusted by payments between the parents and the school.
(b) where such expenses are in respect of journeys by public transport and they are in excess of the expenses which would have been incurred if advantage had been taken of available arrangements for season tickets or reduced or concessionary fares, the excess shall be disregarded.
(6) The amount (if any) of school travel grant to be made in relation to an assisted pupil in respect of any school year in accordance with this regulation shall be determined in accordance with this paragraph by reference to the school travel expenditure incurred in respect of that pupil for that school year and to the relevant income of their parents in the preceding financial year as follows:-
(b) in any other case, the school travel grant shall be such sum as is equal to the amount (if any) by which the school travel expenditure so incurred exceeds one twelfth rounded down to the nearest multiple of £3 of the sum by which that relevant income exceeds £10,950.
School travel grants for boarding pupils and amounts thereof
(b) by transport provided in pursuance of arrangements made by that school and for the time being approved by the Scottish Ministers; (c) by any combination thereof.
(3) A participating school, in accordance with this regulation, shall make, in respect of any school year, a school travel grant to the parents of the assisted pupil in respect of their school travel expenditure:
(b) in the case of a pupil who is a weekly boarder no grant shall be payable unless the pupil's walking distance between home and school exceeds 4.8 kilometres, but in respect of journey's in excess of 80.5 kilometres in each direction by any such transport as is mentioned in paragraph (2) account shall be taken of only so much of those expenses as bears to the full amount thereof the same proportion as 80.5 kilometres bears to the length in kilometres of the journey in each direction measured with reference to the actual distance by the nearest available route between the pupil's home and the school; (c) in the case of any pupil-
(ii) where the journey is to or from 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; (iii) where the 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.
(4) 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.
(b) in any other case, the school travel grant shall be such sum as is equal to the amount (if any) by which the school travel expenditure so incurred exceeds one twelfth rounded down to the nearest multiple of £3 of the sum by which that relevant income exceeds £10,950.
(6) For the purposes of paragraphs (4) and (5), sub-paragraphs (a) and (b) of paragraph (3) shall have no effect.
(b) is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the making of grant under this regulation.
(2) A clothing grant shall be made in the case of an assisted pupil as respects whom the relevant income does not exceed £11,952 and shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed-
(b) £38, where that income exceeds £11,116 but does not exceed £11,952.
Remission of charges for meals
(b) for the remainder of the school year, where it is so satisfied in the course thereof.
notwithstanding that the parents may cease to be in receipt of income support between the participating school being so satisfied and the end of the school year in question.
(b) school clothing grant under regulation 17; (c) remission of charges for meals under regulation 18,
and the amount or extent thereof shall be determined as provided in regulation 11 in like manner as questions relating to fee remission in that year are determined under that last mentioned regulation:
(b) to remission questions were a reference to the questions so mentioned.
Remission of charges for field study courses
(b) botany; (c) geography; (d) geology; (e) zoology; or (f) any other subject approved for the purposes hereof by the Scottish Ministers
and a reference to a relevant public examination shall be construed accordingly.
(b) their parents are entitled in accordance with Part III of these Regulations to remission of fees in whole or in part for the school year in which the course is held.
Reimbursement of amounts of grants made or charges remitted by a participating school Reimbursement claims 22. - (1) Claims for reimbursement of fees remitted and grants made and charges remitted in pursuance of these Regulations (hereinafter referred to as "reimbursement claims") may be submitted to the Scottish Ministers by a participating school in respect of such periods, not being less than a term, as appear to it appropriate and, with their consent, claims may be submitted on the basis of an estimate of fees or charges so 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 they are satisfied as respects a reimbursement claim, the Scottish Ministers shall reimburse the school in pursuance of the claim in accordance with these Regulations without prejudice, however, where they consider it expedient to do so, to their making earlier payments on account in pursuance of the reimbursement claim or in pursuance of a provisional claim in respect of the same period. (3) Any overpayment or underpayment which appears to the Scottish Ministers to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Scottish Ministers and the school concerned 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 Scottish Ministers shall be entitled to recover the amount overpaid from that school and, without prejudice to any other method of recovery available to them, they may deduct that amount from the amount of any other reimbursement claim falling to be paid to that school in accordance with these Regulations. Conditions of payment 23. - (1) Any reimbursement under these Regulations shall be subject to the condition that the Scottish Ministers shall be satisfied that the participating school, to which such reimbursement is made, shall comply or shall have complied with the requirements specified in these Regulations. (2) If the Scottish Ministers are satisfied that a participating school has failed to observe any of the conditions or requirements specified in these Regulations in relation to any school year, they may-
(b) withhold payment of such claim or such part thereof as they consider appropriate for such period or periods as they consider appropriate,
and, where a reimbursement claim has been paid to such a school in advance of the Scottish Ministers being so satisfied, the Scottish Ministers shall be entitled to recover from the school such sum as they consider appropriate, being a sum equal to the whole or such part of the payment made in respect of such claim as they think expedient, and, without prejudice to any other method of recovery available to them, they may deduct such sum from the amount of any other reimbursement claim falling to be paid to that school in accordance with these Regulations. Transfer of assisted places - general 24. - (1) This regulation applies where a participating school-
(b) closes (whether wholly or in part); or (c) notifies the Scottish Ministers that it no longer wishes to provide assisted places.
(2) Where this regulation applies, the Scottish Ministers may authorise the new school or, as the case may be, any other participating school to provide any assisted places which the old school was authorised to provide.
(b) the period for which they may be provided with an assisted place by the replacement school (which, subject to paragraph (4), shall correspond to the remainder of the period for which their assisted place at the participating school first mentioned would have been available).
(4) The period for which the transferred assisted pupil may be provided with an assisted place by the replacement school shall be adjusted, as necessary, to take account of any period during which they are treated as holding an assisted place at the new school by virtue of regulation 25(1)(b) or (2).
Transfer of assisted places on school merger - transitional provisions
(b) pending a decision on authorisation or the expiry of those 3 months without a decision being given, an assisted pupil at the old school shall be treated as holding an assisted place at the new school if they are in attendance at that school.
(2) In such a case, if the Scottish Ministers consider when giving authorisation that it is appropriate for an assisted pupil to transfer to a replacement school, other than the new school, at a future date no later than the beginning of the first term in the immediately following school year and to remain in attendance at the new school meantime, the pupil shall, if they remain in attendance at the new school, be treated until that date as holding an assisted place there and as not holding an assisted place at the replacement school. Supply of information 27. Each participating school shall supply in writing to the parent of a pupil eligible for an assisted place in its school, on a written request being made therefor, information of the kinds specified in Schedule 3. Updating of information 28. Each participating school shall review yearly and revise as necessary its provision of information of the kinds specified in Schedule 3 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-
(b) in relation to subsequent school years.
Fees, etc. payable
(b) the school shall not make it a condition of an assisted pupils' attendance that any payment otherwise than in respect of fees be made to the school or into a fund specified by the school.
(2) This regulation shall have effect subject to any provisions relating to fees in a determination.
(b) such periodical returns and other information as they 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 they may require relating to any reimbursement claim or provisional claim submitted in accordance with these Regulations.
School accounts 1. - (1) This Schedule shall have effect for the purposes of determining a person's income for the purposes of these Regulations by reference to his total income. (2) In this Schedule any reference to the Act of 1988 is a reference to the Income and Corporation Taxes Act 1988[23]. 2. Where any income of a person is not part of their total income by reason only that-
(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,
their income for the purposes of these Regulations shall be computed as though such income were part of their total income.
(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 their salary, for the purpose of securing the payment to or in respect of them 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) 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 them; (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[24]; (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 333-333B of the Act of 1988 (relief for investment plans); (m) pursuant to section 54 of the Finance Act 1989[25] (relief for premiums under a contract of private medical insurance); (n) pursuant to section 25 of the Finance Act 1990[26] (relief for donations to charity by individuals); (o) pursuant to sections 32 and 33 of the Finance Act 1991[27] (relief for vocational training); or (p) pursuant to section 59 of and Schedule 10 to the Finance (No. 2) Act 1992[28] (relief for letting furnished accommodation in owner occupier homes).
4.
There shall be left out of account, in computing a person's total income for the purposes of these Regulations, any allowance paid to them by an adoption agency pursuant to a scheme approved by the Scottish Ministers under section 51(5) of the Adoption (Scotland) Act 1978[29] and any contribution paid to them by a local authority pursuant to section 50 of the Children Act 1975[30].
(b) is made by one of the parties to a marriage (including a marriage which has been dissolved or annulled) either-
(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 the child's 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.
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, if the school takes pupils of one sex only, the sex 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 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:-
(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.
EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations consolidate, with amendments, the Education (Assisted Places) (Scotland) Regulations 1995 which, with Regulations amending them, are revoked by regulation 33. These Regulations come into force on 1st August 2001. The Regulations relate to the scheme for assisted places at independent schools which was required to be established under section 75A of the Education (Scotland) Act 1980. The Regulations which they supersede have been reviewed by the Scottish Ministers in consultation with bodies representing participating schools, in accordance with section 75A(11) of the 1980 Act. Changes of substance are described below. Part I makes general provision for citation and commencement and interpretation. Part II deals with eligibility for assisted places and includes conditions as to residence, age and education and income. Part III deals with the remission of fees. The extent of the remission is determined by reference to relevant income and the deduction for each dependent child and relative which is made from the relevant income has been increased from £1,400 to £1,430 (regulation 9). The level of income at or below which fees are to be wholly remitted is increased from £10,901 to £11,116 (regulation 13) with corresponding increases in the income scales to determine the parental contribution to fees (Schedule 2). Part IV deals with the incidental expenses of pupils holding assisted places and provides for making grants towards expenditure on travel (regulations 15 and 16) and clothing (regulation 17) and for remission of charges for meals (regulation 18) and certain field study courses (regulation 20). The following are changes of substance in Part IV:-
(b) the limit of relevant income for clothing grant in the first year is raised from £11,718 to £11,952, with corresponding increases in the maximum amount of grant payable where relevant income is below that figure, varying from £38 to £73 (formerly £37 to £71).
Part V deals with reimbursement claims and conditions of payment.
(b) allowing the Scottish Ministers, where a pupil is to transfer to a school other than the merged school, to permit the pupil to transfer at a date no later than the beginning of the first term in the following year, where they consider that appropriate and providing for the pupil to be treated as holding an assisted place at the merged school in the meantime. ( regulation 25).
The Scottish Ministers can authorise an assisted pupil to transfer to another school within the Assisted Places Scheme and still retain their assisted place notwithstanding the phasing out of the scheme provided for by the Education (School) Act 1997. Transfer of the assisted place may be authorised only if the Scottish Ministers are satisfied that it is reasonable to do so in view of the particular circumstances relating to the pupil concerned. [8] O.J. No. L 257, 19.10.68, p.2 (O.J./S.E. 1968 (II), p.475), amended by Council Regulation (EEC) No. 2434/92 (O.J. No. L 245, 26.8.92, p.1).back [9] 1988 c.1. Section 835 was amended by the Finance Act 1988 (c.39) section 35 and Schedule 3, paragraph 22 and section 148 and Schedule 14, Part IV; the Capital Allowances Act 1990 (c.1) section 164 and Schedule 1, paragraph 8(38); the Finance Act 1996 (c.8) section 73 and Schedule 6, paragraph 24; and the Finance Act 1998 (c.36) section 31 and Schedule 3, paragraph 40 and section 44 and Schedule 6, paragraph 16.back [10] Sections 73 and 74 were amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c.39), section 73 and section 82 and Schedule 10, paragraph 8(17) respectively and section 73 was amended by the Teaching and Higher Education Act 1998 (c.30) section 29.back [11] The Regulations in force at the date on which these Regulations were made are the Students' Allowances (Scotland) Regulations 1999 (S.I. 1999/1131). The administrative arrangements for assessing assumed parental contributions are set out in the booklet "Student Support in Scotland" published in April 2001 by the Student Awards Agency, copies of which are obtainable from the Student Awards Agency for Scotland, Awards Branch, Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH.back [12] Section 49 was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c.39), section 82 and Schedule 10, paragraph 8(9).back [13] The Regulations in force at the date on which Regulations were made are the Education Authority Bursaries (Scotland) Regulations 1995 (S.I. 1995/1739, as amended by S.I. 1997/1049).back [14] 1962 c.12; section 1 was substituted by section 19 of and Schedule 5 to the Education Act 1980 (c.20) and amended by section 4 of the Education (Grants and Awards) Act 1984 (c.11); the entire Act was repealed by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to the saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237 (c.81)), article 4.back [15] The Regulations in force at the date on which these Regulations were made were the Education (Mandatory Awards) Regulations 1999 (S.I. 1999/1494 as amended by S.I. 2000/1425).back [16] S.I. 1986/594 (N.I. 3). Article 50(1) and (2) was repealed by the Education (Student Support) (Northern Ireland) Order 1998, article 9 and the Schedule (S.I. 1998/1760) (N.I. 14), subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order 1998, S.R. 1998 No. 460 (c.22).back [17] The Regulations in force at the date on which these Regulations were made are the Student Awards Regulations (Northern Ireland) 2000 (S.R. 2000 No. 311).back [18] Article 51 was substituted by article 43 of and Part II of Schedule 5 to S.I. 1996/274 (N.I. 1).back [20] S.I. 1995/2018, as amended by S.I. 1997/1967, 1998/1583 and 1999/1503.back [23] 1988 c.1 (as amended by various Finance Acts enacted in the period 1989 to 2000).back [25] 1989 c.26; section 54 was amended by the Finance Act 1994, Schedule 10, paragraphs 2 and 4 the Finance Act 1996 (c.8) section 129; and the Finance (No. 2) Act 1997 (c.58) section 17.back [26] 1990 c.29; section 25 was amended by the Finance (No. 2) Act 1992 (c.48), section 26(2); the Finance Act 1993 (c.34), section 67(2); the Finance Act 1995 (c.4), section 74 and Schedule 17, paragraph 26; the Finance Act 1998 (c.36) section 48; and the Finance Act 2000 (c.17), section 39 and Schedule 40.back [27] 1991 c.31; section 32 was amended by the Finance Act 1994, section 84 and Schedule 26; the Finance Act 1996 (c.8) sections 129 and 144; the Education (Scotland) Act 1996 (c.43) section 36 and Schedule 5; the Education Act 1997 (c.44) section 57 (subject to transitional provisions contained in article 4 of S.I. 1997/1468); and the Finance Act 1999 (c.16) section 59 and Schedule 20; section 33 was amended by the Finance (No. 2) Act 1992, Schedule 18, Part VII; the Finance Act 1996 (c.8), sections 129 and 132 and Schedule 18, paragraph 14; and the Finance Act 1999 section 59 and Schedule 20.back [28] 1992 c.48. Schedule 10 was amended by the Finance Act 1995 (c.4) section 39 and Schedule 6; and the Finance Act 1996 (c.8) section 135 and Schedule 21.back [29] 1978 c.28; section 51 was amended by the Children (Scotland) Act 1995 (c.36) section 98 and Schedule 2, paragraph 24.back [30] 1975 c.72; section 50 was amended by the Children (Scotland) Act 1995 (c.36), section 105 and Schedule 4, paragraph 36.back [31] 1991 c.48 and 1995 c.34.back
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