The Education (Assisted Places) (Scotland) Regulations 1989

PART II ELIGIBILITY FOR ASSISTED PLACES

Conditions as to eligibility

3.—(1) A child shall only be eligible for admission to an assisted place if all the conditions mentioned in this Part are, so far as relevant, satisfied in his 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.

(3) In this Part “first assisted year” means the school year in which a child would first take up an assisted place if admitted thereto.

Conditions as to residence

4.—(1) It shall be a condition that the child shall either—

(a) have been ordinarily resident in the British Islands throughout the period of two years immediately preceding 1st January in the calendar year in which his first assisted year begins (hereinafter referred to as “the relevant date”); or

(b) in the case of such a child as is mentioned in paragraph (2) have been so ordinarily resident in the European Community; or

(c) in the case of a child who is a refugee as is mentioned in paragraph (3), have not been ordinarily resident outside the British Islands since he or, in the case mentioned in sub-paragraph (3)(d), his parent, was recognised as a refugee or granted asylum or granted leave to enter or remain, as the case may be.

(2) The child referred to in paragraph (1)(b) is one who is resident in the British Islands on the relevant date and is the child of a national of a member state of the European Community who—

(a) where he is employed on the relevant date, is then in employment in the British Islands; or

(b) where he is not employed on that date (by reason of retirement or otherwise), was last employed in such employment.

(3) The child who is a refugee referred to in paragraph (1)(c) is—

(a) a child recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951((1) as extended by the Protocol thereto which entered into force on 4th October 1967(2); or

(b) a child who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s Government though not so recognised; or

(c) a child who has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for asylum or for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly; or

(d) a child who is the child of a person who is so recognised, or has been granted such asylum or leave to enter or remain in such circumstances.

Conditions as to age and education

5.—(1) It shall be a condition that the child shall have attained the age of 10 years on or before 31st July of the calendar year in which his first assisted year commences.

(2) A participating school shall not admit to an assisted place a child in relation to whom they are not satisfied that he will be committed throughout the whole of his first assisted year and any subsequent assisted year to follow a course of school education comprising wholly or mainly secondary education.

Conditions as to income

6.—(1) It shall be a condition that the parents of the child, when applying to the participating school for an assisted place, shall have furnished the school with—

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

(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 Secretary of State.

(2) A participating school shall not admit to an assisted place a child whose fees for his first assisted year would not fall to be remitted in whole or in part in pursuance of Part III of these Regulations.

(1)

Cmd. 9171.

(2)

Cmnd. 3906 (Out of print: photocopies of the English text are available, free of charge, from the Scottish Education Department, Room 3/18, New St Andrew’s House, Edinburgh EH1 3SY).