Regulation 19 Proportion of pupils from publicly maintained schools

Subject to paragraph (4), in selecting pupils to take up assisted places in any school year, a school shall ensure that at least 60 per cent of the total number of assisted pupils at the school in that school year will be pupils from publicly maintained schools.

For the purposes of paragraph (1), a pupil is from a publicly maintained school if, at the time of his selection (or consideration for selection) for a place (whether assisted or not) at the participating school, he is attending a publicly maintained school as defined in paragraph (3) and has attended a publicly maintained school for a continuous period including at least the whole of the previous school year, provided that a child who has so attended a school of the type maintained in paragraph (3)(e) is not to be regarded as a pupil from a publicly maintained school if fees were payable in respect of his attendance there.

A “publicly maintained school” for the purposes of paragraph (2) means—

On application made by a school, the Secretary of State may modify or dispense with the requirement in paragraph (1) as respects a year specified by her but she may attach such conditions as she thinks fit to any such modification or dispensation.