Explanatory note

These Regulations, which come into force on 1st September 2007, prescribe the circumstances in which a charge may be made for tuition in singing or in playing a musical instrument given during school hours.

They are made under section 451(3) of the Education Act 1996 (substituted by the Education and Inspections Act 2006) which provides that Regulations may prescribe circumstances in which the general prohibition on charging for education provided to a registered pupil at a maintained school during school hours does not apply.

Regulation 2 provides that a charge may be made where the tuition is provided at the request of the pupil’s parent, and is provided to individual pupils or to groups of pupils. This excludes tuition provided as part of the National Curriculum, or as part of the initial period of tuition provided to a whole class of pupils pursuant to the Department for Education and Skills’ policy ‘Instrumental and Vocal Tuition at KS2’ (DfES Ref. no. 0184-2006DOC-EN), copies of which are available on www.teachernet.gov.uk/publications.

Regulation 3 provides that no charge may be made in respect of looked after children (within the meaning of section 22(1) of the Children Act 1989).