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The St Mary’s Music School (Aided Places) (Scotland) Regulations 2015

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PART 1ELIGIBILITY FOR REMISSION OF FEES

Conditions as to eligibility

1.—(1) A child is eligible for remission of fees payable to the school if the conditions in this Part are satisfied.

(2) A child may be admitted to an aided place in advance of these conditions being satisfied on condition that they will be satisfied.

Residence

2.—(1) It is a condition of eligibility that a child must—

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

(b)be a national of an EEA State—

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

(ii)whose parents are entitled to a remission of fees by virtue of Article 7(2) or (3) or Article 10 of the Council Regulation (EU) No 492/2011(1) on freedom of movement for workers within the Community; or

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

(2) A child is to be treated for the purposes of sub-paragraphs (1)(a) and (1)(b) as having been resident in the British Islands or, as the case may be, 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, as the case may be, the European Economic Area during any part of the period mentioned in those sub-paragraphs.

Age

3.—(1) It is a condition of eligibility that a child—

(a)must attain the age of 8 years before holding an aided place at the school; or

(b)will attain that age on or before 31st July next following the child holding an aided place.

(2) It is a condition of eligibility that a child who is, or will be, a chorister—

(a)who entered their first school year at the school before 1st August 2014, must not have attained the age of 13 years at the commencement of a school year in which they hold an aided place;

(b)who entered their first school year at the school on or after 1st August 2014, may only hold an aided place for a maximum of five school years.

Education

4.  It is a condition of eligibility that a child must—

(a)undertake a course of education in music at the school (other than wholly or mainly in connection with singing in a choir); or

(b)be a chorister.

Income

5.—(1) It is a condition of eligibility that when applying for an aided place an applicant must provide the school with—

(a)such information as the Scottish Ministers may require; and

(b)either—

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

(ii)if it is not reasonably practicable to provide such a declaration, a declaration of relevant income for the previous financial year and a declaration of estimated relevant income for the financial year referred to in sub-paragraph (1)(b)(i).

(2) The school may only admit a child to an aided place if the fees for the child’s first aided year fall to be remitted in whole or in part under Part 2 of Schedule 1.

(3) For the purposes of this Scheme, a child is to be treated as having parents with no income if—

(a)the child is looked after by a local authority under section 17 of the Children (Scotland) Act 1995(2); and

(b)the child has no other parent or the whereabouts of any other parent are unknown.

Provision of information

6.  It is a condition of eligibility that an applicant must provide the school with the information necessary for determining eligibility when applying for an aided place.

(1)

OJ L 141, 27.5.2011, p.1.

(2)

1995 c.36. Section 17 was amended by paragraph 9(4)(b) of schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4); paragraph 2(4) of schedule 5 to the Children’s Hearings (Scotland) Act 2011 (asp 1); and S.S.I. 2013/211.

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