Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

Part I Eligibility for Aided Places

General

1.—(1) A school may select a child for an aided place if, and only if, the school are satisfied that all the conditions mentioned in this Part are, so far as relevant, fulfilled in his case.

(2) Nothing in this paragraph shall prevent a child from being provisionally selected for an aided place subject to the condition that the child will not be finally selected for that place until it is ascertained that all such conditions are fulfilled.

(3) If a school ascertain that any relevant condition specified in this Part is not satisfied in respect of a child provisionally selected for an aided place, the school shall withdraw that aided place forthwith, and the parents of that child shall be liable to repay any remission of fees and grants provisionally made by the school.

Conditions as to residence

2.—(1) Subject to sub-paragraphs (3) and (4), it shall be a condition that the child shall—

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

(b) be an EEA national—

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

(ii) to whom sub-paragraph (2) applies; or

(c) be a national of a member State of the European Union—

(i) who has attained the age of sixteen years, and

(ii) who has been ordinarily resident throughout the period of three years preceding the first day of the first academic year of the course in the European Economic Area; or

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

(2) The child referred to in sub-paragraph (1)(b)(ii) is one who is, or whose parents are, entitled to equality of treatment as regards selection for an aided place by virtue of Article 7(2) or (3) or Article 12 of Council Regulation (EEC) No 1612/68 on Freedom of Movement for Workers within the European Community(1), as extended by the EEA Agreement.

(3) A child shall be treated for the purposes of sub-paragraph (1)(a) and (b) as having been ordinarily resident in the British Islands or in the European Economic Area if the school is satisfied that he would have been so resident but for the fact that his parent is or was temporarily employed outside the British Islands or the European Economic Area during any part of the period mentioned in those sub-paragraphs.

(4) For the purposes of sub-paragraph (1)(b), a child who is resident in a State which became a Contracting Party to the EEA Agreement on a date later than the beginning of the two year period mentioned in that sub-paragraph, shall be treated as having been ordinarily resident in the European Economic Area for that period if he has been so resident in the said State or elsewhere in the European Economic Area throughout the period of two years preceding the relevant date.

Conditions as to age

3.  It shall be a condition that the child, if selected for an aided place, shall have attained the age of eight years before 1st September next following the beginning of the first school year in which he takes up an aided place.

Conditions as to furnishing information

4.  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 required for determining whether or not he is eligible for selection for such a place including—

(a) a declaration of relevant income for the preceding financial year or, if they have not the necessary information:

(i) a declaration of estimated relevant income for that year; and

(ii) a declaration of relevant income for the financial year before that year; and

(b) such other information as may be specified for the purposes hereof by the Secretary of State.

Conditions as to liability for payment of fees

5.—(1) A school shall not select for an aided place a child the whole of whose fees for the school year in which he would take up his aided place if selected therefor—

(a) would not fall to be remitted in whole or in part pursuant to Part III;

(b) are required to be paid pursuant to an order of a court or a separation agreement; or

(c) are required to be paid pursuant to a qualifying agreement (as defined in paragraph (2)).

(2) In paragraph 1(c) “qualifying agreement” means a legally enforceable agreement under which a person (being either a body corporate, or an individual who is not a parent of the aided pupil) is required to pay school fees for the aided pupil, including a deed of covenant made by such a person for the benefit of the aided pupil.

(1)

OJ No. L257, 19.10.68, p. 2 (OJ/SE 1968 (II) p. 475).