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The St Mary’s Music School (Aided Places) (Scotland) Regulations 2001

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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 their 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 they 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(1) 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 the child would have been so resident but for the fact that the child’s 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 they have not attained the age of 13 years at the commencement of a school year in which they hold 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 Scottish Ministers.

(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 the child is eligible for selection for such a place.

(1)

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).

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