Regulation 2 Interpretation

In these Regulations, except where the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:—

• “the Act” means the Education (Scotland) Act 1980;

• “assisted place” means any place at a participating school, in respect of which place fees are to be remitted in accordance with these Regulations;

• “assisted pupil”, subject to regulation 13(1), means any pupil in attendance at a participating school who has been admitted to an assisted place at that school;

• “British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;

• “child” includes a step-child and a child adopted in pursuance of adoption proceedings (and “father” and “mother” shall be construed accordingly) and, notwithstanding the definition in section 135(1) of the Act, includes a person who is over school age but has not attained the age of 20 years at the commencement of any school year of the participating school which he attends or proposes to attend in that year;

• “determination” in relation to a school means a determination made under section 75A(2) of the Act;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992^f1 as adjusted by the Protocol thereto signed at Brussels on 17th March 1993^f2;

• “EEA State” means a State which is a Contracting Party to the EEA Agreement;

• “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;

• “European Economic Area” means the area of the EEA States and includes those States at any time before the EEA Agreement came into force in relation to them;

• “fees” means—

  1. (a)

     tuition and other fees the payment of which is a condition of attendance at a participating school excluding—

     1. (i)

        boarding fees;

     2. (ii)

        such other charges if any as may be excluded in the determination relating to the school; and

  2. (b)

     fees for public examinations paid by a participating school in respect of candidates from the school;

• “financial year” has the meaning assigned thereto by regulation 8(1);

• “first assisted year” means the school year in which a child would first take up an assisted place if admitted thereto;

• “income”, “relevant income” and “total income” have the meanings respectively assigned thereto by regulation 9(1) and (2);

• “participating school” means a school determined under section 75A(2) of the Act to be a participating school for the purposes of the scheme mentioned in section 75A(1) of the Act, and references to a school include references to the proprietors and managers thereof;

• “refugee” means a person who—

  1. (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 1951^f3 as extended by the Protocol thereto which entered into force on 4th October 1967^f4; or

  2. (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;

• “scheme” means the scheme for the time being in force established and operated by the Secretary of State under section 75A(1) of the Act;

• “school day” means any day during which the school is open for the attendance of pupils;

• “school year” means a period of 12 months commencing on 1st August of any year.

Except where the context otherwise requires, any reference in these Regulations to the parents of a child or assisted pupil is a reference—

Where—

then, for the purposes of these Regulations, he shall be treated as a child or assisted pupil whose parents have no income and, subject thereto, any reference in these Regulations to his parents shall be construed as a reference to the authority or organisation in whose care or under whose supervision he is.

The circumstances referred to in paragraph (2)(c) are that the parents are separated under an order of a court of competent jurisdiction or by a deed of separation or, where they are not separated as aforesaid, that either it is not reasonably practicable to find one of the parents or that in pursuance of an order of a court—

In these Regulations, any reference to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, these Regulations bearing that number and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule, as the case may be, bearing that number.