The Education (Assisted Places) (Scotland) Regulations 2001

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:–

(a) school travel grant is paid in full where relevant income does not exceed £11,129 (formerly £10,914) 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 £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.

Part VI authorises the Scottish Ministers to authorise a replacement school to provide an assisted place for an existing pupil when a participating school merges with another school, closes or no longer wishes to participate in the scheme. (regulation 24).

Transitional provision is made for cases of school merger–

(a) allowing the authorisation to be granted up to 3 months after the original school ceased to provide the assisted place, and for the pupil to be deemed to hold an assisted place at the merged school in the meantime; and

(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.

Part VII deals with requirements as to the supply of information and fees and with other miscellaneous matters.