(1)    These Regulations may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001 and shall come into force on 1st September 2001.

(2)    These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.

(3)    These Regulations apply only in relation to England.

(1)    In these Regulations, except where the context otherwise requires—

“aid” means the remission of fees or charges, or the payment of grant, pursuant to the Scheme;

“aid questions” has the meaning assigned by paragraph 6 of Schedule 1 and “aided” means aided pursuant to the Scheme;

“aided place” means a place at a school for which an aided pupil has been or may be selected pursuant to the Scheme;

“aided pupil” means a child selected or put forward for an aided place;

“child” includes a step-child, a child adopted in pursuance of adoption proceedings and a person who is over compulsory school age;

“designated fees” has the meaning assigned by paragraph 13 of Schedule 1;

“employment” includes the holding of any office and any occupation for gain (including self-employment in any trade, profession or vocation) and “employed” shall be construed accordingly;

“European Union” means the territory comprised in the member States of the European Union as constituted from time to time;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

“European Economic Area” means the area comprised by the States which are Contracting Parties to the EEA Agreement;

“EEA National” means a person who is a national of a State which is a contracting party to the EEA Agreement (including the United Kingdom);

“financial year” and “preceding financial year” have the meanings assigned by paragraph 7 of Schedule 1;

“income”, “relevant income” and “total income” have the meanings assigned by paragraph 8 of Schedule 1;

“refugee” means a person who:

(a)    is recognised by Her Majesty's Government as a refugee within the meaning of the United National Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the protocol thereto which entered into force on 4th October 1967, or

(b)    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 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;

“relevant date” means 1st January in the calendar year in which an aided pupil would take up an aided place at a school;

“the Scheme” means the aided pupil scheme described in Schedule 1 as well as, in regulation 5, the aided pupil scheme described in the Regulation revoked by regulation 15;

“school” has the meaning assigned by regulation 3; and

“school year” in relation to a school means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July.

(2)    Except where the context otherwise requires, any reference in these Regulations to—

(a)    a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and

(b)    a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

(1)    Any reference in these Regulations to a school is a reference to a school which with the prior consent of the Secretary of State is participating in the aided pupil scheme described in Schedule 1 and which has been finally registered as an independent school in accordance with section 465(3) of the Education Act 1996.

(2)    Except where the context otherwise requires, references to a school include references to the proprietors or governing body thereof and persons acting with the authority of the proprietors or governing body.

(1)    Subject to paragraphs (2) and (3), any reference in these Regulations to the parents of a child or aided pupil is a reference to:

(a)    the child's father and mother where—

(i)    they live together as husband and wife (whether or not they are married to each other), and

(ii)    the child normally resides with them in the same household; or

(b)    where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the child, with whom the child normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the child in the same household; or

(c)    where neither sub-paragraph (a) nor (b) above applies, the child's guardian appointed in accordance with section 5 of the Children Act 1989 and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the child in the same household; or

(d)    where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the child resides in accordance with either:

(i)    a subsisting residence order made under section 8 of the Children Act 1989; or

(ii)    any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the child,

and the spouse (if any) of that person where the spouse normally resides with that person and the child in the same household; or

(e)    where none of sub-paragraphs (a) to (d) above applies and where the child is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the child normally resides in accordance with any informal care or fostering arrangement, and that person's spouse (if any) where the spouse normally resides with that person and the child in the same household.

(2)    Where a child or aided pupil—

(a)    either has no parents as defined in paragraph (1) or the school is satisfied that no such parents can be found, and

(b)    is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,

he shall be treated as a child whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.

(3)    References in this regulation to a person who normally resides with a child mean, in relation to a child who is a boarder at a school, a person with whom the child normally resides when he is not at school.

(4)    Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph 1(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents and not his natural parents.

(1)    Subject to the provisions of this Part, the Secretary of State may, in respect of any school year, pay to each school grant in respect of their expenditure in operating the Scheme.

(2)    Subject to paragraph (3), the amount of the grant paid to each school in respect of any school year shall equal the aggregate of—

(a)    the fees and charges for that year remitted by them, and

(b)    the grants made by them to the parents of aided pupils for that year,

in accordance with the Scheme.

(3)    No grant shall be paid to a school in respect of uniform grant paid by a school to the parents of an aided pupil who does not take up an aided place.

The payment of grant by the Secretary of State shall be subject in the case of each school—

(a)    to grant being claimed in accordance with regulation 7, and

(b)    the fulfilment of all relevant conditions mentioned in Schedule 2.

(1)    A school shall submit grant claims to the Secretary of State at such times, for such periods, in such manner and form and furnish such declarations and other information, as the Secretary of State may require; but subject as aforesaid, they may submit to the Secretary of State a claim for grant in respect of such periods, not being less than a term, as appear to the school to be appropriate.

(2)    A school may submit grant claims on the basis of estimated expenditure (“provisional claims”); but where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.

(1)    Subject to regulation 6, as soon as is reasonably practicable after he is satisfied that a grant claim is in order, the Secretary of State shall pay the grant in respect of the claim, although he may, where he considers it appropriate to do so, make earlier payments on account in respect of that claim or in respect of a provisional claim relating to the same period.

(2)    Any over-payment or under-payment of grant which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.

(1)    Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Royal Ballet School (“the RBS”) in respect of their expenditure, incurred or to be incurred, in connection with—

(a)    the provision of education at the school;

(b)    the staging of auditions and associated activities to attract new pupils to the school; and

(c)    the maintenance of the school's premises at White Lodge, Richmond Park.

(2)    The payment of grant under this Regulation shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.

(1)    The amount of grant payable by the Secretary of State under this Part in respect of any school year shall, subject to paragraph (2), be such an amount as he may determine after consultation with the RBS.

(2)    In determining the amount of grant payable to the RBS under this Part, the Secretary of State shall have regard in particular to—

(a)    the amount of fees or charges received or to be received by the RBS in respect of the provision of education for the school year in respect of which grant is to be paid under this Part; and

(b)    the amount of grant received or to be received by the RBS for that school year under the Scheme referred to in Part II above to take account of fees and charges remitted by the RBS pursuant to the Scheme.

(1)    Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Choir Schools' Association Bursary Trust (“the trust”) in respect of their expenditure, incurred or to be incurred, in connection with the provision of education to pupils to whom paragraph (2) applies.

(2)    This paragraph applies to pupils who are—

(a)    admitted as choristers to a choir school on or after 1st September 1991;

(b)    aged between 8 and 13; and

(c)    considered by the choir school to which they are admitted and by the trust to be likely to benefit from the education provided there.

(3)    Any reference in this Part to a choir school is a reference to a choir school which has been finally registered as an independent school in accordance with section 465(3) of the Education Act 1996.

(4)    None of the provisions contained in these Regulations shall apply to pupils who were admitted to a choir school before 1st September 2001, and in respect of such pupils the Regulations specified in Schedule 3 shall continue to have effect.

(1)    The Secretary of State may pay such grant to the trust only in respect of pupils who meet the conditions of residence set out in paragraph 2 of Schedule 1, as modified by paragraph (2) below.

(2)    For the purposes of this regulation, the references to “the relevant date” in paragraph 2 of Schedule 1 shall be read as referring to 1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins.

The amount of grant payable by the Secretary of State under this Part in respect of any school year shall be such amount as he may determine after consultation with the trust.

(1)    The trust shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.

(2)    The trust shall require the choir schools to keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.

(1)    Subject to paragraph (2) and to Regulation 11(4), the Regulations specified in Schedule 3 (“the old Regulations”) are hereby revoked in relation to England.

(2)    The old Regulations shall continue to apply for the purposes of the payment of grant by the Secretary of State in respect of expenditure incurred by a school in operating the aided pupil scheme described in the old Regulations.

Stephen Timms

Minister of State,

Department for Education and Skills

27th July 2001

Total number of aided places

1

(1)    The Secretary of State may specify the total number of pupils who may hold aided places at a particular school.

(2)    The Secretary of State may specify in the case of a school different total numbers for boarding pupils and for day pupils.

(3)    The Secretary of State may specify in the case of a school different total numbers for pupils who will be provided with education in ballet dancing and or pupils who will be provided with education in music (otherwise than wholly or mainly in connection with singing in a choir).

(4)    In this paragraph “the specified number” means a number for the time being specified by him pursuant to sub-paragraph (1), (2) or (3).

(5)    If and so long as the total number of pupils holding aided places at a school or, as the case may be, the total number of boarding pupils, day pupils, ballet dancing pupils or music pupils holding such places, is not less than the specified number then no further aided places or, as the case may require, no further boarding, day, ballet dancing or music aided places, shall be granted at the school.

Number of aided places granted each year

2

If the Secretary of State specifies the number of aided places which may be granted at a particular school, or in a particular specialism at a particular school, to be taken up in a particular school year, then the school shall not grant a greater number of aided places in that year.

Selection of aided pupils

3

Aided places shall only be granted in the case of pupils who will be provided with education in ballet dancing or education in music (otherwise than wholly or mainly in connection with singing in a choir) at a school.

Fees

4

(1)    Subject to sub-paragraph (2) a school may charge only such tuition or other fees and charges in respect of an aided pupil attending that school as are approved from time to time by the Secretary of State.

(2)    The Secretary of State may waive the requirement in sub-paragraph (1) in the case of a school either generally or in relation to particular fees or charges but he may—

(a)    revoke any such waiver, and

(b)    require the school to fulfil such other conditions relating to fees and charges as he may specify from time to time including, in particular, conditions requiring that the school give notice to him of proposals to increase fees or charges.

(3)    Only such fees or other charges as are designated by the Secretary of State shall be eligible for remission in accordance with paragraph 14 or 15 of Schedule 1.

Transfer of aided places

5

(1)    In any case where the Secretary of State is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds an aided place he may authorise a school (“the importing school”) to provide a place for an aided pupil who wishes to transfer from another school (“the exporting school”) and may specify—

(a)    the period for which he may be provided with an aided place at the importing school; and

(b)    the maximum annual amount of fees that may be charged for him by the importing school.

(2)    Where the Secretary of State has exercised his power under paragraph (1) to allow the transfer of an aided place he may direct that—

(a)    the exporting school shall reduce its total number of aided places by the number of pupils so transferred for such period as he may specify;

(b)    the importing school shall increase its total number of aided places by the number of pupils so transferred for such period as he may specify; and

(c)    the importing school shall notify him if an aided pupil leaves the school before the expiry of the period specified in paragraph 1(a).

Publication of information

6

(1)    Each school shall publish—

(a)    particulars of the Scheme;

(b)    for each school year, annual particulars of the number of aided places likely to be offered in that year, information concerning the procedures for making of applications for aided places and details of the arrangements for selection, admission and the remission of fees and charges; and

(c)    such other information as may be specified for the purposes of this paragraph by the Secretary of State.

(2)    Subject to any direction given by the Secretary of State for the purposes of this paragraph, either in the case of a named school or all the schools, anything required to be published under sub-paragraph (1) shall be published in such manner, and at such time or times, as appears to the school appropriate for the purpose of bringing the matter to the attention of parents likely to be interested therein.

Returns etc required by the Secretary of State

7

A school shall furnish the Secretary of State with such periodic returns and information as he may require relating to the school or aided pupils attending there including, in particular, information relevant to an intended increase in fees or charges for aided pupils.

School accounts

8

(1)    The accounts of a school shall—

(a)    if the Secretary of State so requires, be kept in a form specified by him; and

(b)    be audited by an independent person who is eligible under section 25 of the Companies Act 1989 for appointment as a company auditor.

(2)    At the request of the Secretary of State, a school shall furnish him with copies of their accounts for such periods as he may specify together with copies of the auditor's certificate relating thereto.

Proposals relating to premises

9

(1)    Any proposals by a school—

(a)    to acquire new premises, or

(b)    to make alterations to existing premises,

shall be notified to the Secretary of State.

(2)    If in the case of any such proposals the Secretary of State so requires, the proposals shall not be implemented without his approval which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Proposals relating to boarding arrangements

10

(1)    Any proposals by a school—

(a)    to make arrangements for pupils to board at the school, or

(b)    to discontinue or vary existing arrangements under which pupils board at the school,

shall, if the Secretary of State so requires, be notified to him.

(2)    If in the case of any such proposals the Secretary of State so requires, the proposals shall not be implemented without his approval which may be given either unconditionally or subject to conditions specified by him being fulfilled.

These Regulations consolidate, with amendments, the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 which, with Regulations amending them, are revoked by regulation 15(1). They come into force on 1st September 2001 and apply in relation to a school year beginning on or after that date (regulation 1).

The Regulations provide for the payment of grant to the schools of music and ballet referred to in regulation 3(1) to reimburse them for their expenditure in operating the aided pupil scheme described in Schedule 1. That scheme allows schools to remit tuition and other fees, and to pay uniform and travel grant in respect of aided pupils.

The Secretary of State is also empowered to pay grant to—

(a)    the Royal Ballet School in respect of their expenditure incurred in connection with the provision of education at the school, the staging of auditions and associated activities to attract new pupils to the school, and the maintenance of the school's premises at White Lodge, Richmond Park (regulations 9 and 10), and

(b)    the Choir Schools' Association Bursary Trust in respect of education provided to choristers aged between 8 and 13 attending a choir school supported by the Trust which is a finally registered independent school (regulations 11 to 14).

The amount of grant payable to the Royal Ballet School and the Trust is to be determined after consultation with them. Payment of grant may only be made in the case of a choir school in respect of pupils who satisfy the residence requirements specified in Schedule 1, paragraph 2.

Apart from minor drafting amendments, the main changes from the previous Regulations are set out below:

In Part III the purposes in respect of which grant is payable to the Royal Ballet School have been extended so as to include the staging of auditions and associated activities to attract new pupils to the school and the maintenance of the school's premises at White Lodge, Richmond Park, as well as the provision of education at the school (this is no longer limited to the Upper School).

In Schedule 1 (which establishes the aided pupil scheme, sets out conditions of eligibility for aided places, provides for remission of fees and payment of grant and makes administrative provisions):

(a)    the condition relating to residence (paragraph 2), which also applies in relation to grants to choir schools, has been revised to add a category of a child aged 16 years or over 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. Where a child qualifies for an aided place by reason of this provision, there will only be an entitlement to remission of tuition fees and not costs of board and lodging;

(b)    in paragraph 5 (conditions as to liability for payment of fees) we have added a provision that 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 are required to be paid pursuant to a qualifying agreement (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);

(c)    in paragraph 8, the reduction to be made in relevant income in respect of dependent relatives pursuant to sub-paragraphs (3) and (5) has been increased to £1,430 (from £1,400 in the previous Regulations);

(d)    in paragraphs 14 and 15, the means test for the remission of fees has been amended: the level of income at or below which fees are to be wholly remitted is set at £9,798 instead of £9,832 (in respect of boarding pupils) and £12,148 instead of £11,804 (in respect of day pupils). In addition the structure of the parental contribution scales has been changed and tables have been added;

(e)    in paragraphs 18 and 19, the means test for uniform and travel grants are relaxed and the amount of grant payable increased; and

(f)    in paragraph 25(1) archaeology has been added to the list of subjects and the list of examinations has been expanded to include the Advanced Subsidiary and the Advanced Vocational Certificate of Education.

In Schedule 2 a new provision has been added (paragraph 5) which provides for the transfer of aided places from one school of music or ballet to another.