The Education (Assisted Places) (Scotland) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the Education (Assisted Places) (Scotland) Regulations 1986 which, with Regulations amending them, are revoked by regulation 31. The Regulations come into force on 1st August 1989.

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 Secretary of State 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 remission is determined by reference to relevant income and the deduction for each dependent child and relative which is to be made from relevant income has been increased from £950 to £1,000 (regulation 9). The level of relevant income at or below which fees are to be wholly remitted is increased from £7,250 to £7,584 (regulation 13) with corresponding increases in the income scale 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 the 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 £7,595 (formerly £7,271) 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 £8,078 to £8,450, with corresponding increases in the maximum amount of grant payable where relevant income is below that figure, varying from £129 to £32 (formerly £123 and £31); and in subsequent years from £7,741 to £8,097 with maximum grants of £48 and £24 (formerly £46 and £23).

Part V deals with reimbursement claims and conditions of payment and Part VI with requirements as to the supply of information and fees and with other miscellaneous matters.

References to the relevant income tax legislation in Schedule 1 are updated and amended to ensure that income arising from a maintenance payment continues to count as part of the recipient’s total income (paragraph 5 of Schedule 1).