OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations prescribe arrangements for pupils who are eligible to continue to hold assisted places at independent schools in England and Wales by virtue of section 2 of the Education (Schools) Act 1997, notwithstanding the abolition of the assisted places scheme by section 1 of that Act.

Part II of the Regulations provides for—

(a)

the maximum level of fees that may be charged for existing assisted pupils, and the manner in which fees may be varied (regulations 4 to 6), and

(b)

conditions to be complied with by such schools with regard to the charging and payment of fees (regulation 7).

Part III deals with the extent to which, and conditions subject to which, fees are to be remitted in respect of an assisted pupil. In particular Part III provides—

(a)

that the extent of remission is to be determined by reference to “relevant income” (defined in regulation 10, and computed in accordance with Schedule 1);

(b)

for the periods in which parents of assisted pupils are entitled to remission of fees (regulation 11);

(c)

for restrictions on parents' entitlement to remission of fees where all or part of the fees are required to be paid under a court order or certain types of agreement, or where parents fail to provide the appropriate information to the school (regulation 12);

(d)

for counter-fraud measures (regulation 13);

(e)

for the manner in which remission questions are to be determined (regulations 14 and 15); and

(f)

the scales of fee remission—for example, where relevant income does not exceed £10,135 the entire fees are to be remitted (regulation 16 and Schedule 2).

Part IV prescribes the manner in which, and the conditions subject to which, the Secretary of State is to reimburse schools for fees remitted in accordance with the Regulations. In particular it provides that the Secretary of State is not liable to reimburse a school for fees remitted in respect of a pupil who was not eligible to be selected for an assisted place under the Regulations and participation agreement which applied immediately before the commencement of section 1 of the 1997 Act (regulation 18).

Part V contains miscellaneous provisions. In particular it provides for—

(a)

the Secretary of State to authorise a replacement school to provide an assisted place for a child whose existing school merges, closes or ceases to provide assisted places (regulation 19);

(b)

arrangements in relation to children provisionally selected for assisted places to be taken up in the 1997—98 school year (regulation 20);

(c)

administrative requirements to be complied with by schools providing assisted places and parents of assisted pupils, such as—

(i)

the time, manner and form in which parents are to make declarations of income (regulation 21), and

(ii)

the provision by schools of returns and accounts to the Secretary of State (regulations 22 and 23).