Education (Grants etc.) (Dance and Drama) (England) Regulations 2001

JurisdictionUK Non-devolved
CitationSI 2001/2857

2001 No. 2857

EDUCATION, ENGLAND

The Education (Grants etc.) (Dance and Drama) (England) Regulations 2001

Made 3rd August 2001

Laid before Parliament 9th August 2001

Coming into force 1st September 2001

In exercise of the powers conferred on the Secretary of State by sections 485, 489 and 569(4) and (5) of the Education Act 19961and sections 53(1)(e) and 60(1)(d) of the Learning and Skills Act 20002, the Secretary of State for Education and Skills hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 and shall come into force on 1st September 2001.

S-2 Interpretation

Interpretation

2.—(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 an existing award student or a new award student;

“course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 19883;

“existing award student” means a student who became an award student by virtue of the Education (Grants) (Dance and Drama) (England) Regulations 19994or the Education (Grants) (Dance and Drama) (England) Regulations 20005;

“fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 19986;

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

“new award student” has the meaning given in regulation 3;

“Part 1 relevant institution” and “Part 2 relevant institution” mean the institutions specified in the first column of Part 1 and Part 2 respectively of the Table in Schedule 2;

“relevant course” mean a course starting on or after 1st September 2001 other than a course of higher education; and

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

S-3 Meaning of “new award student”

Meaning of “new award student”

3.—(1) In these Regulations “new award student” means a student who has been selected as such according to the appropriate criteria by a Part 1 relevant institution to follow a relevant course at that institution in respect of whom a period of award has been specified and who (unless the student is selected under regulation 5(1)) has, before the beginning of the course—

(a)

(a) reached the age of 16 in the case of a dance course, or

(b)

(b) reached the age of 18 in the case of a drama course.

(2) For the purposes of this regulation an institution selects students according to the appropriate criteria—

(a)

(a) if the institution selects students on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at an audition, and

(b)

(b) where—

(i) it appears to the institution that two or more students are of similar ability or aptitude, and

(ii) the maximum number of students who may be selected as new award students in accordance with regulation 4(1) is such that both or all such students cannot be selected,

if the institution selects the student or students the income for whom appears to be the lower.

(3) For the purpose of paragraph (2)(b) the income for a student is—

(a)

(a) unless sub-paragraph (b) applies, the income of the students' parents or, in cases where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution so determines, the income of one of the student’s parents, and

(b)

(b) where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution determines that the student is independent, the income of the student.

S-4 New award students—supplementary

New award students—supplementary

4.—(1) For the purposes of these Regulations the maximum number of students which may be selected by a Part 1 relevant institution as new 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) in Part 1 of the Table in Schedule 2.

(2) Where for any academic year the number of students selected by a Part 1 relevant institution as new 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 new 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 Part 1 relevant institution as new 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 new 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 Part 1 relevant institution as new 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 new 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) For the purposes of this regulation—

(a)

(a) an institution’s maximum for any particular period of award is the number specified in the second, third or fourth column in Part 1 of the Table in Schedule 2, as the case may be; and

(b)

(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.

(6) 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.

S-5 Existing and new award students—supplementary

Existing and new award students—supplementary

5.—(1) 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 (2) 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 provided that the substituted student—

(a)

(a) has reached the age of 16 in the case of a dance course, or

(b)

(b) has reached the age of 18 in the case of a drama course

at the date of the selection.

(2) Any selection of a substituted student under paragraph (1) 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.

(3) If, before an award student completes his course, a relevant institution is discontinued and an award student at that institution transfers to another relevant institution the Secretary of State may determine that for the purposes of regulations 7 to 9 the student in question should become an award student at the institution to which the student has transferred for the remainder of the period of award specified in respect of that student.

(4) 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)

(a) the student having been selected for one course (whether or not he has completed it) should attend another course which is more suitable to the continued development of the student; or

(b)

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

(5) The Secretary of State may only make a determination under paragraph (4) if an application is made in writing by the institution at which it is proposed that the student should attend the second course.

(6) Where (pursuant to a determination under paragraph (4)) a student becomes an award student at a second course the period of award to be specified in respect of the second course shall be such that the periods of award specified in respect of the first course and the period of award specified in respect of the second course taken together do not exceed four academic years.

S-6 Periods of award

Periods of award

6.—(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...

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