These Regulations may be cited as the Education (Grants) (Dance and Drama) (England) Regulations 1999 and shall come into force on 1st September 1999.

(1)    In these Regulations—

“academic year” means the period from 1st September in one year to 31st August in the following year;

“award student” means, subject to regulations 3 and 4, a student of a description mentioned in Part II of Schedule 1 who has been selected as such by a relevant institution to follow a relevant course at that institution on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at an audition, in respect of whom a period of award has been specified;

“course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

“fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 1998;

“governing body” in relation to a relevant institution includes any person or body of persons responsible for the management of the institution;

“the prescribed amount” means the amount prescribed for the time being by regulations made under section 22(2)(b) of the Teaching and Higher Education Act 1998 as the maximum amount of any grant at the highest level available for an academic year in respect of fees payable in connection with attendance at a course of higher education;

“relevant course” means a course starting on or after 1st September 1999 other than a course of higher education; and

“relevant institution” means an institution specified in the first column of the Table in Schedule 2.

(1)    For the purposes of these Regulations the maximum number of students which may be selected by a relevant institution as award students for any academic year with a period of award of one, two or three academic years shall, subject to paragraphs (2) to (5), not exceed the number specified in relation to that institution in the second, third or fourth column (as the case may be) of the Table in Schedule 2.

(2)    Where for any academic year the number of students selected by a relevant institution as award students with a period of award of three years is less than the institution's maximum for that period of award the institution may, with the consent of the Secretary of State, select more award students with periods of award of one or two years than their maximum, provided that the difference between the aggregate numbers of students selected with periods of award of one or two years and the aggregate of the institution's maxima for those periods of award does not exceed the amount by which the number of pupils selected with a period of award of three years falls short of the institution's maximum for that period of award.

(3)    Where for any academic year the number of students selected by a relevant institution as award students with a period of award of two years is less than the institution's maximum for that period of award the institution may, with the consent of the Secretary of State, select more award students with a period of award of one year than their maximum, provided that the difference between the number of students selected with a period of award of one year and the institution's maximum for that period of award does not exceed the amount by which the number of pupils selected with a period of award of two years falls short of the institution's maximum for that period of award.

(4)    Where for any academic year the number of students selected by a relevant institution as award students with a period of award of one, two or three academic years is less than the institution's maximum for that period of award the Secretary of State may determine that another institution may select more than their maximum for that period of award such that the total number of award students who can be selected in that academic year with a particular period of award does not exceed the total of all the relevant institutions' maxima for that period of award.

(5)    Where an award student (“the original student”) ceases to attend an institution before the end of the period of award specified in relation to that student the relevant institution may in accordance with paragraph (6) select another student (“the substituted student”) as an award student in substitution for the original student and for the purposes of these regulations the original student and the substituted student shall be treated as the same person.

(6)    Any selection of a substituted student under paragraph (5) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at the same group of auditions as that at which the original student's ability or aptitude was demonstrated.

(7)    A student cannot be an award student if he has previously been an award student in respect of another course unless the Secretary of State otherwise determines, by reason of his being of the opinion that—

(a)    the student having been selected for one course (whether or not he has completed it) should attend another course; or

(b)    the student was prevented from completing the course for which he was selected due to circumstances outside his control.

(8)    For the purposes of this regulation—

(a)    an institution's maximum for any particular period of award is the amount specified in the second, third or fourth column of the Table in Schedule 2, as the case may be; and

(b)    a student is selected “for” a particular academic year if he is selected for a course the first academic year of which is the academic year in question.

(9)    In this regulation references to a student “with” a particular period of award are references to a student in respect of whom that period of award has been specified.

(1)    Unless paragraph (2) applies a student is not an award student after the end of the period of award specified in respect of that student.

(2)    Where an award student has been unable to attend a course throughout the whole of the period of award through circumstances outside the control of the student, the Secretary of State may determine that the student be an award student for a further period not exceeding a period which would result in the student being an award student for four academic years.

(1)    The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution.

(2)    Grant paid under this regulation shall, subject to paragraphs (3) and (4), be the amount specified in the fifth column of the Table in Schedule 2 in relation to the institution multiplied by the number of relevant award students attending the institution during the academic year in question.

(3)    Where an award student attends a relevant institution during part only of an academic year grant paid to the governing body of a relevant institution under this regulation shall (unless a substituted student is selected under regulation 3(5)) be reduced by such amount as the Secretary of State considers appropriate having regard to the length of time during the academic year during which the student attended the institution.

(4)    The governing body of any relevant institution to whom grant is paid under this regulation shall remit the fees payable in respect of each award student's attendance on the course to the extent necessary to secure that the amount payable in respect of each academic year by way of such fees is no more than the prescribed amount.

(1)    The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of an award student who attends that institution during the academic year in question.

(2)    Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents, and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.

(3)    The governing body of the institution to whom the grant is paid under this regulation shall, in addition to the remission of fees which they are required to make by virtue of regulation 5(4), further remit the fees payable in respect of attendance at the course by the amount of the grant.

(1)    The Secretary of State may in respect of any academic year pay a grant under this regulation to the governing body of a relevant institution in respect of an award student other than a person mentioned in paragraph 9 of Schedule 1 and not in any other paragraph of that Schedule, who attends the institution during the academic year in question.

(2)    Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.

(3)    The governing body of an institution to whom a grant is paid under this regulation shall at such times and in such instalments as may be specified by the Secretary of State make payments to the award student in respect of his maintenance of an amount equivalent to the grant.

The payment of grant under regulations 5, 6 or 7 shall be subject to the governing body of the institution submitting grant claims to the Secretary of State or to any person he may specify at such times and in such manner and form, and furnishing such declarations (including declarations by the award student or his parent) and other information, as the Secretary of State may require.

(1)    The governing body of a relevant institution shall comply with such requirements (including requirements as to the repayment of grant) as may be specified by the Secretary of State.

(2)    Without prejudice to the generality of paragraph (1)—

(a)    the governing body of a relevant institution shall keep such records and accounts and furnish to the Secretary of State or, if he so directs, to the Further Education Funding Council for England, such information, documents returns and accounts as the Secretary of State may from time to time require;

(b)    where a relevant institution provides further education, the governing body of the institution shall permit any person authorised by the Further Education Funding Council for England to inspect the institution and afford to such person all the facilities he may reasonably require for making such an inspection; and

(c)    where a relevant institution is a school, the governing body of the institution shall permit any person authorised by the Secretary of State to inspect the school and afford to such person all the facilities he may reasonably require for making such an inspection.

Tessa Blackstone

Minister of State,

Department for Education and Employment

6th August 1999

TABLE

These Regulations makes provision for grant to be paid by the Secretary of State to the institutions listed in the first column of Schedule 2 (defined in the regulations as “relevant institutions”), in respect of dance and drama students selected by the institution (referred to in the regulations as award students).

Regulations 3 and 4 make provision for the maximum number of students who can be award students at each relevant institution.

Regulation 5 provides for grant to be paid to the governing body of each relevant institution. The amount of grant is, in general, the amount specified for that institution in Schedule 2 multiplied by the number of award students attending the institution during the academic year in question.

Regulation 5 also imposes a requirement to remit fees for award students.

Regulations 6 and 7 provide for further grant to relevant institutions in respect of award students. The amount of such grant is determined by the Secretary of State having regard to the income of the student in question and his parent. Regulations 6 and 7 impose a requirement to remit fees (in the case of grant paid under regulation 6) or make a payment to the student (in the case of grant paid under regulation 7).