Education (Assisted Places) Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1968 |
| Year | 1997 |
1997 No. 1968
EDUCATION, ENGLAND AND WALES
The Education (Assisted Places) Regulations 1997
Made 7th August 1997
Laid before Parliament 11th August 1997
Coming into force 1st September 1997
In exercise of the powers conferred on the Secretary of State by section 3(1), (2), (5) and (9) of the Education (Schools) Act 19971and after consulting, in accordance with section 3(7), such bodies as appear to them to be appropriate and representative of schools that will 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:—
PART I
General
Citation and commencement
1. These Regulations may be cited as the Education (Assisted Places) Regulations 1997 and shall come into force on 1st September 1997.
Interpretation
2.—(1) In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
“the 1995 Regulations” means the Education (Assisted Places) Regulations 19952(as amended by the Education (Assisted Places) (Amendment) Regulations 19963);
“the 1997 Act” means the Education (Schools) Act 1997;
“assisted place” means an assisted place provided under section 2(1) of the 1997 Act;
“assisted pupil” means a child provided with an assisted place;
“child” includes a step-child, a child adopted in pursuance of adoption proceedings and a person who is over compulsory school age;
“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;
“fees” means—
(a) tuition and other fees the payment of which is a condition of attendance at a school, but does not include sums to be paid into a bursary (or similar fund) or boarding fees, and
(b) entrance fees for public examinations paid by a school in respect of candidates from the school;
“financial year” and “preceding financial year” have the meanings assigned by regulation 9;
“income”, “relevant income” and “total income” have the meanings assigned by regulation 10;
“participation agreement” in relation to a school means the participation agreement made by the Secretary of State and that school as it had effect immediately before the commencement of section 1 of the 1997 Act;
“remission questions” has the meaning assigned by regulation 8; and
“school” means a former participating school within the meaning of section 4(1) of the 1997 Act and references to a school include references to the proprietors thereof and persons acting with the proprietors' authority.
(2) Except where the context otherwise requires, any reference in these Regulations to—
(a)
(a) a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
References to parents
3.—(1) Subject to paragraphs (3) and (4) and except where the context otherwise requires, any reference in these Regulations to the parents of an assisted pupil is a reference to—
(a)
(a) the pupil’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 pupil normally resides with both of them in the same household; or
(b)
(b) where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the pupil, with whom the pupil normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the pupil in the same household;
(c)
(c) where neither sub-paragraph (a) nor (b) above applies, the pupil’s guardian appointed in accordance with section 5 of the Children Act 19894(or any earlier enactment) and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the pupil in the same household; or
(d)
(d) where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the pupil 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 pupil,
and the spouse (if any) of that person where the spouse normally resides with that person and the pupil in the same household; or
(e)
(e) where none of sub-paragraphs (a) to (d) above applies and where the pupil 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 pupil 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 pupil in the same household.
(2) Where an assisted pupil—
(a)
(a) either has no parents as defined in paragraph (1) or the school is satisfied that no such parents can be found, and
(b)
(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 pupil 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) Where an assisted pupil 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 of the pupil and not his natural parents.
PART II
Fees for assisted pupils
Fee levels
4. Subject to regulations 5, 6 and 19(7), the fees charged by a school for an assisted pupil in any school year shall not exceed such maximum annual amount as, apart from section 1 of the 1997 Act, the school would have been entitled to charge for him in the 1997—98 school year—
(a) under the participation agreement, or
(b) by virtue of regulation 21 of the 1995 Regulations5where, before the commencement of that section, the school gave notice to the Secretary of State under that regulation of their intention to increase fees in that year.
Increase in fees
5.—(1) A school may increase the annual amount of the fees for an assisted pupil to an amount which exceeds the maximum amount that is chargeable by virtue of regulation 4 but shall not do so without first giving the Secretary of State at least one month’s written notice of their intention so to do.
(2) If within one month of receiving such notice the Secretary of State so directs, a school shall refrain from making the increase or shall postpone or restrict the amount of the increase, as he may then or subsequently require.
Power of the Secretary of State to vary fee levels
6.—(1) The Secretary of State may give a direction to—
(a)
(a) schools of any class or description, or
(b)
(b) any individual school,
specifying a maximum level of fees applying to assisted pupils at any such school which is different from that which would otherwise apply by virtue of regulation 4 or 5.
(2) A direction under this regulation may specify different maximum levels of fees in relation to different age groups of assisted pupils.
(3) Before giving a direction under paragraph (1)(a), the Secretary of State shall consult such bodies as appear to him to be appropriate and representative of the schools to which it is intended the direction should apply.
(4) Before giving a direction to an individual school under paragraph (1)(b), the Secretary of State shall consult that school.
(5) Where the Secretary of State has given a direction to a school under this regulation, the fees charged by the school for an assisted pupil in any school year shall not, for so long as that direction remain in force, exceed the figure specified in the direction as the maximum level of fees applying to that pupil or, as the case may be, pupils in the age group in which he falls.
Payment of fees
7.—(1) The fees for an assisted pupil for any school year (other than in respect of entrance fees for public examinations) shall be payable in respect of each term and, subject to any variation in fees in the course of the school year, the fees payable in respect of each term shall be a third of those payable for the whole of that year.
(2) Subject to paragraphs (3) and (4), a school shall not make it a condition of the attendance of any assisted pupil that any payment be made to the school otherwise than in respect of fees, or into a fund (including a bursary or similar fund) specified by the school.
(3) Where—
(a)
(a) an offer of assistance with boarding fees was made by the school (or in pursuance of arrangements to which the school is a party) in respect of an assisted pupil at the time when he was offered an assisted place at the school for the purposes of the assisted places scheme, and
(b)
(b) that offer was conditional on his taking up a boarding place,
the school may make it a condition of his attendance that boarding fees be paid.
(4) Where paragraph (3) does not apply, the school may at any time offer a boarding place in respect of an assisted pupil, and if the offer is accepted and, for as long as the pupil remains a boarder at the school, make it a condition of his attendance that boarding fees be paid.
PART III
Remission of fees
References to remission questions
8. For the purposes of these Regulations “remission questions” means questions as to whether or not the...
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