Education (Assisted Places) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2016 |
| Year | 1995 |
1995 No. 2016
EDUCATION, ENGLAND AND WALES
The Education (Assisted Places) Regulations 1995
Made 31th July 1995
Coming into force 25th August 1995
In exercise of the powers conferred on the Secretary of State by sections 17(6) and (7) and 35(4) of the Education Act 19801and after consulting, in accordance with section 17(8) of that Act, such bodies as appear to them to be appropriate and to be representative of schools eligible to participate in the assisted places scheme, 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, a draft of which has been laid before Parliament and has been approved by resolution of each House of Parliament:
PART I
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Assisted Places) Regulations 1995 and shall come into force on 25th August 1995.
(2) These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
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
“assisted pupil” means a child selected or put forward for selection for 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;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19922as adjusted by the Protocol signed at Brussels on 17th March 19933;
“EEA national” means a person who is a national of a State of which is a Contracting Party to the EEA Agreement (including the United Kingdom);
“European Economic Area” means the area comprised by the States which are Contracting Parties to the EEA Agreement;
“fees” means
(a) tuition and other fees the payment of which is a condition of attendance at a school but excludes sums to be paid into a bursary or similar fund, boarding fees and such other fees, if any, as may be excluded by the participation agreement, 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 thereto by regulation 10;
“first assisted year” has the meaning assigned thereto by regulation 3(5);
“income”, “relevant income” and “total income” have the meanings assigned thereto by regulation 11;
“refugee” means a person who:
(a) is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 19514as extended by the protocol thereto which entered into force on 4th October 19675, 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 assisted pupil’s first assisted year begins;
“remission questions” has the meaning assigned thereto by regulation 9;
“school” means a participating school within the meaning of section 17(2) of the Education Act 1980 and references to a school include references to the proprietors thereof and persons acting with the proprietors' authority.
(2) Subject to regulation 24(2) and to paragraphs (3) and (4) and except where the context otherwise requires, any reference in these Regulations to the parents of a child or assisted pupil is a reference to:
(a)
(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 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 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)
(c) where neither sub-paragraph (a) nor (b) above applies, the child’s guardian appointed in accordance with section 5 of the Children Act 19896(or any earlier enactment) 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)
(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)
(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.
(3) Where a child or assisted pupil
(a)
(a) either has no parents as defined in paragraph (2) 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 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.
(4) Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph (2)(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents of the child and not his natural parents.
(5) 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.
PART II
Eligibility for assisted places
General
3.—(1) A school may select a child for an assisted place if, and only if, the school is satisfied that all the conditions mentioned in this Part are, so far as relevant, fulfilled in his case.
(2) Nothing in this regulation shall prevent a child from being provisionally selected for an assisted 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 shall ascertain that any relevant condition specified in this Part is not satisfied in respect of a child provisionally selected for an assisted place, the school shall withdraw that assisted place forthwith, and the parents shall be liable to repay any remission of fees provisionally allowed by the school.
(4) It shall be a condition that parents seeking an assisted place for their child at a school shall have applied for an assisted place by the time and in the manner and form specified by the Secretary of State pursuant to regulation 16.
(5) In this Part “first assisted year” means the school year in which the child would take up an assisted place if selected therefor.
Conditions as to residence
4.—(1) Subject to paragraphs (3) and (4), it shall be a condition that the child shall—
(a)
(a) have been ordinarily resident in the British Islands throughout the period of two years preceding the relevant date, or
(b)
(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 paragraph (2) applies, or
(c)
(c) 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 paragraph (1)(b) is one who is, or whose parents are, entitled to equality of treatment as regards selection for an assisted place by virtue of Article 7(2) or (3) or Article 12 of Council Regulation (EEC) No. 1612/68on Freedom of Movement for Workers within the European Community7, as extended by the EEA Agreement.
(3) A child shall be treated for the purposes of 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 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...
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