Welsh Statutory Instruments
EDUCATION, WALES
Made
21 November 2006
Coming into force
23 November 2006
The National Assembly for Wales, having consulted, in accordance with section 3(7) of the Education (Schools) Act 1997(1), such bodies as appear to it to be appropriate and representative of schools which provide assisted places under section 2(1) of that Act, makes the following Regulations in exercise of the powers conferred on the Secretary of State by section 3(1), (3), (4), (5) and (9) of that Act(2):
1.—(1) The title of these Regulations is the Education (Assisted Places) (Incidental Expenses) (Amendment) (Wales) Regulations 2006 and they come into force on 23 November 2006.
(2) Regulation 3 applies in relation to Wales in respect of a relevant question.
(3) In paragraph (2) above, a “relevant question” means a question under the Education (Incidental Expenses) Regulations 1997(3) as to whether the parents of an assisted pupil are entitled to a uniform grant under Part II, or a travel grant under Part III, of those Regulations and which—
(a)arises in respect of a school year beginning on or after 1 September 2006; and
(b)has not been determined at the date on which these Regulations come into force.
2. At the end of paragraph (3) of regulation 1 of the Education (Assisted Places) (Incidental Expenses) (Amendment) (Wales) Regulations 2005(4), there is inserted “provided that the question is not one referred to in paragraph (3) of regulation 1 of the Education (Assisted Places) (Incidental Expenses) (Amendment) (Wales) Regulations 2006”.
3.—(1) The Education (Assisted Places) (Incidental Expenses) Regulations 1997 are amended as follows.
(2) In regulation 2—
(a)in paragraph (2), substitute “£13,431” for “£13,116”;
(b)in paragraph (3), for sub-paragraphs (a) and (b) substitute—
“(a)£83 where the relevant income does not exceed £12,470; and
(b)£43 where that income exceeds £12,470, but does not exceed £13,431.”.
(3) In regulation 4—
(a)in paragraph (3), substitute “£12,483” for “£12,195”; and
(b)in paragraph (4) substitute—
(i)“£12,483” for “£12,195”; and
(ii)“£12,304” for “£12,016”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)
Dafydd Elis-Thomas
The Presiding Officer of the National Assembly
21 November 2006
(This note is not part of the Regulations)
These Regulations further amend the Education (Assisted Places) (Incidental Expenses) Regulations 1997 (“the 1997 Regulations”).
The Regulations apply in relation to relevant questions that arise in respect of the 2006/07 school year and which have not been determined at the date on which these Regulations come into force. A relevant question is a question as to a parent’s entitlement under the 1997 Regulations to a grant in respect of incidental expenses in connection with the education of an assisted pupil at in independent school.
These Regulations amend the means test (set out in regulation 2 of the 1997 Regulations) for determining eligibility to uniform grant and increase the amount of such grant payable in respect of clothing expenditure incurred in relation to the school year 2006/07. £83 (instead of £81 as previously) is payable where the relevant income does not exceed £12,470 (instead of £12,182) and £43 (instead of £42) is payable where the relevant income exceeds that figure but does not exceed £13,431 (instead of £13,116).
These Regulations also amend the means test (set out in regulation 4 of the 1997 Regulations) for determining eligibility to travel grant, and increase the amount of grant payable in respect of school travel expenditure in relation to the school year 2006/07. Where the relevant income does not exceed £12,483 (instead of £12,195), any travel grant shall be an amount equal to the school travel expenditure to which it relates. Where the relevant income exceeds that sum, the travel grant will be the amount, if any, by which the school travel expenditure to which it relates exceeds an amount (rounded down to the nearest multiple of £3) equal to one-twelfth of that part of the relevant income which exceeds £12,304 (instead of £12,016).
1997 c. 59. Section 3 was amended by section 130 of the School Standards and Framework Act 1998 (c. 31).
The functions of the Secretary of State under section 3 are exercisable by the National Assembly for Wales in relation to Wales: see Article 2 of, and the entry in respect of the Education (Schools) Act 1997 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
S.I. 1997/1969. Relevant amending instruments are S.I. 1998/1585, S.I. 1999/1505, S.I. 2000/1939 (W. 137), S.I. 2001/2708 (W. 227), S.I. 2002/1880 (W. 189), S.I. 2003/1779 (W.193), S.I. 2004/1807 (W.195) and S.I. 2005/2837 (W. 201).