Regulation 3

After regulation 6 there shall be inserted the following regulation:—

“Independent Schools

6A

(1)

Subject to paragraph (2) the Secretary of State may pay grants to proprietors of—

(a)

independent schools to whom the Secretary of State has given notice of final registration of the school under section 465(3) of the Education Act 1996; and

(b)

independent schools the registration of which is provisional, being schools providing education for children with statements of special educational needs with the consent of the Secretary of State under section 347(5)(b) of that Act or with the approval of the local education authority by which the statements are maintained,

in respect of approved expenditure incurred or to be incurred by them for the purposes of or in connection with the provision of education for relevant five year old children during the relevant term.

(2)

No grant shall be paid under this regulation to the proprietor of any school in Wales unless it is paid in respect of expenditure incurred or to be incurred for the purposes of or in connection with the provision of education for a child who is for the time being resident in England.

(3)

For the purposes of this regulation—

(a)

a child is a “relevant five year old child” if his fifth birthday falls before the start of the relevant term;

(b)

the “relevant term” in relation to any child is the first school term at the school which the child attends, starting after the date which is the relevant date in relation to that child;

(c)

the “relevant date” in relation to any child is the most recent applicable day before the child’s fifth birthday; and

(d)

the applicable days are 31st March, 31st August and 31st December in any year.”.