Paragraph 1 Interpretation

In this Scheme, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:—

• “the Act” means the Education (Scotland) Act 1980^f1;

• “aided place” means any place at the school, in respect of which place fees are to be remitted in accordance with this Scheme;

• “aided pupil” means any child who has been admitted or is about to be admitted to an aided place;

• “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, “child” 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 school;

• “chorister” means a child who attends the school wholly or mainly in connection with singing in St Mary’s Cathedral Choir;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992^f2 as adjusted by the Protocol thereto signed at Brussels on 17th March 1993^f3;

• “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 the school; and

  2. (b)

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

• “financial year” has the meaning assigned thereto by paragraph 9(1);

• “first aided year” has the meaning assigned thereto by paragraph 2(3);

• “income”, “relevant income” and “total income” have the meanings respectively assigned thereto by paragraph 10(1) and 10(2);

• “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^f4 as extended by the Protocol thereto which entered into force on 4th October 1967^f5; 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 aided pupil’s first aided year begins;

• “school” means St Mary’s Music School, Edinburgh and references to the school include references to the managers thereof and persons acting with their authority;

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

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

Except where the context otherwise requires, any reference in this Scheme to the parents of a child or aided pupil is a reference—

Where—

then, for the purposes of this Scheme, he shall be treated as a child or aided pupil whose parents have no income and subject thereto any reference in this Scheme 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 sub-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 this Scheme, unless the context otherwise requires—