The Education (Assisted Places) (Amendment) Regulations 1998

Statutory Instruments

1998 No. 1726

EDUCATION, ENGLAND AND WALES

The Education (Assisted Places) (Amendment) Regulations 1998

Made

15th July 1998

Laid before Parliament

16th July 1998

Coming into force

1st September 1998

In exercise of the powers conferred on the Secretary of State by section 3(1), (2), (5) and (9) of the Education (Schools) Act 1997(1) and after consulting, in accordance with section 3(7) of that Act, such bodies as appear to them to be appropriate and representative of schools which provide assisted places under section 2(1) of that Act, the Secretary of State for Education and Employment as respects England, and the Secretary of State for Wales as respects Wales, hereby make the following Regulations:—

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1998, and shall come into force on 1st September 1998.

(2) These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).

(3) In these Regulations, a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1997(2).

Amendments to Parts II, III and V of the principal Regulations

2.  Parts II, III and V of the principal Regulations shall be amended in accordance with regulations 3 to 9 below.

3.  In regulation 4, for “regulations 5, 6 and 19(7),” there shall be substituted “regulation 6, and without prejudice to regulation 19(7),”.

4.  Regulation 5 shall be omitted.

5.  In regulation 6(1), for “regulation 4 or 5” there shall be substituted “regulation 4 or 19(7)”.

6.  In regulation 10(4) and (6), for “£1,230” in each place where it appears there shall be substituted “£1,265”.

7.  Regulation 11(5) shall be omitted.

8.  In regulation 16, for “Fees” there shall be substituted “Subject to the provisions of regulations 11 to 13, fees”.

9.  In regulation 19(7), for “Without prejudice to regulations 5 and 6” there shall be substituted “Subject to regulation 6”.

Amendments to Schedule 2 to the principal Regulations

10.  In paragraph 1 of Schedule 2 to the principal Regulations, for “£10,135” there shall be substituted “£10,414”.

11.  For the table following paragraph 2(1) of that Schedule there shall be substituted the following Table—

“TABLE

(1)	(2)	(3)	(4)
Part of relevant income to which specified percentage applies	Only assisted pupil (%)	Each of two assisted pupils (%)	Each of three assisted pupils (%)
That part (if any) which exceeds £10,248 but does not exceed £11,144	9	6.75	5.25
That part (if any) which exceeds £11,144 but does not exceed £12,053	12	9	7
That part (if any) which exceeds £12,053 but does not exceed £13,858	15	11.25	8.75
That part (if any) which exceeds £13,858 but does not exceed £16,639	21	15.75	12.25
That part (if any) which exceeds £16,639 but does not exceed £20,264	24	18	14
That part (if any) which exceeds £20,264	33	24.75	19.25”;

Stephen Byers

Minister of State,

Department for Education and Employment

8th July 1998

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

15th July 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Assisted Places) Regulations 1997 (“the principal Regulations”) in respect of a school year beginning on or after 1st September 1998.

Drafting improvements are made to regulations 4, 6 and 19 of the principal Regulations in order to clarify the manner of determination of the maximum level of fees to be charged in respect of an assisted pupil who moves to a new school after his existing school merges, closes or ceases to provide assisted places (regulations 3, 5 and 9).

Regulation 5 of the principal Regulations is revoked (regulation 4).

The reductions to be made in relevant income in respect of dependent relatives pursuant to regulation 10(4) and (6) of the principal Regulations are increased from £1,230 to £1,265 (regulation 6).

Drafting improvements are made to regulations 11 and 16 of the principal Regulations (regulations 7 and 8).

The means test for the remission of fees is relaxed: the level of income at or below which fees are to be wholly remitted is set at £10,414 instead of £10,135, with corresponding increases in the extent of remission where relevant income exceeds that sum (regulations 10 and 11).

(1)

1997 c. 59.

(2)

S.I. 1997/1968.