The Education (Assisted Places) (Scotland) Regulations 1989

Regulation 9

SCHEDULE 1 COMPUTATION OF INCOME

1.—(1) This Schedule shall have effect for the purposes of determining a person’s income for the purposes of these Regulations by reference to his total income.

(2) In this Schedule any reference to the Act of 1988 is a reference to the Income and Corporation Taxes Act 1988(1).

2.  Where any income of a person is not part of his total income by reason only that—

(a) he is not resident, ordinarily resident or domiciled in the United Kingdom, or

(b) the income does not arise in the United Kingdom, or

(c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any enactment,

his income for the purposes of these Regulations shall be computed as though the income first mentioned in this paragraph were part of his total income.

3.  In so far as in ascertaining a person’s total income any deductions fall to be made—

(a) by way of personal reliefs provided for in Chapter I of Part VII of the Act of 1988, other than in section 265 thereof (relief for blind persons);

(b) in pursuance of Chapters I, II, III and V of Part XIV of the Act of 1988 so far as applicable in respect of superannuation or other payments made by a person, or in respect of deductions made from his salary, for the purpose of securing the payment to or in respect of him of pensions, annuities or other future benefits;

(c) in pursuance of section 639(1) of the Act of 1988 (relief for contributions to personal pension schemes);

(d) in respect of payments by way of relevant loan interest within the meaning of section 370 of the Act of 1988;

(e) in pursuance of section 353(1) and (3) of the Act of 1988, in respect of interest payments eligible for relief under that section by virtue of sections 354(1) to (4) and (7), 355(5) and 367(1) and (2) of that Act and sections 355(1) to (3) and 356 of that Act (loan for purchase or improvement of land) or by virtue of section 365 of that Act (loan to buy life annuity);

(f) in respect of any sums paid under a deed of covenant otherwise than to a child of the person concerned who is wholly or mainly dependent upon him;

(g) in pursuance of section 193(1) of the Act of 1988 in respect of earnings from work done abroad;

(h) in pursuance of section 617(5) of the Act of 1988 (relief for Class 4 contributions);

(i) in pursuance of sections 574, 575 and 576 of the Act of 1988 (relief for losses on unquoted shares in trading companies);

(j) in pursuance of Chapter III of Part VII of the Act of 1988 (relief for investment in corporate trades);

(k) in pursuance of section 202(1) to (7) and (11) of the Act of 1988 (relief for donations under payroll deduction scheme); or

(l) in pursuance of regulations made under section 333 of the Act of 1988 (relief for investments under personal equity plans);

his income for the purposes of these Regulations shall be computed as though those deductions did not fall to be made.

4.  There shall be left out of account, in computing a person’s total income for the purposes of these Regulations, any allowance paid to him by an adoption agency pursuant to a scheme approved by the Secretary of State under section 51(5) of the Adoption (Scotland) Act 1978(2) and any contribution paid to him by a local authority pursuant to section 50 of the Children Act 1975(3).

5.—(1) Where any income of a person includes a maintenance payment, his income for the purposes of these Regulations shall be computed as though such payment were part of his total income, whether or not such payment or any part of it would be included in his total income for tax purposes.

(2) Where any person makes a maintenance payment, his income for the purposes of these Regulations shall be computed as though such payment were not part of his total income, whether or not such payment or any part of it would be deductible for tax purposes.

(3) For the purposes of sub-paragraphs (1) and (2) of this paragraph, “maintenance payment” means a periodical payment (not including an instalment of a lump sum) which—

(a) is made under an order made by a court (whether in the United Kingdom or elsewhere) or under a written agreement; and

(b) is made by one of the parties to a marriage (including a marriage which has been dissolved or annulled) either—

(i) to or for the benefit of the other party and for the maintenance of the other party; or

(ii) to the other party for the maintenance by the other party of any child of the said parties; or

(iii) to a child of the said parties for his own maintenance, benefit or education; and

(c) is due at a time when the said parties are not a married couple living together, and in that connection a married woman shall be treated as living with her husband unless they are separated under an order of a court of competent jurisdiction, or by deed of separation.

Regulation 13

SCHEDULE 2 SCALES OF REMISSION

(1)	(2)
Part of relevant income to which the specified percentage applies	Parental contribution percentage
That part (if any) which exceeds £7,418 but does not exceed £8,066	9%
That part (if any) which exceeds £8,066 but does not exceed £8,725	12%
That part (if any) which exceeds £8,725 but does not exceed £10,032	15%
That part (if any) which exceeds £10,032 but does not exceed £12,043	21%
That part (if any) which exceeds £12,043 but does not exceed £14,668	24%
That part (if any) which exceeds £14,668	33%

Regulation 25

SCHEDULE 3 INFORMATION TO BE SUPPLIED BY A PARTICIPATING SCHOOL

1.  Arrangements of the school for the admission of pupils.

2.  Any entrance requirements to be satisfied and any special categories of pupils considered in this respect.

3.  The name, address and telephone number of the school, the present roll, the stages covered, denominational affiliation, if any, and, if the school takes pupils of one sex only, the sex admitted.

4.  The headteacher’s name and the number of other teaching staff.

5.  Arrangements for parents offered or applying for a place in the school to visit the school.

6.  A statement of the school’s educational aims.

7.  The range and level of curriculum provided for pupils of different ages; provision for religious education and arrangements for parents who wish to withdraw their child from the religious education provided; policy or practice on homework; subject options and choices available and arrangements for parents to be consulted about such choices and provision for curricular, personal and careers guidance.

8.  Arrangements for assessing pupils' progress and reporting this to parents.

9.  Any arrangements made at or in connection with the school for pupils with special educational needs.

10.  Extra-curricular activities.

11.  Facilities available for sports and outdoor activities.

12.  Policy or practice on clothing or uniform; approximate cost of each item of required uniform; and any assistance given with costs.

13.  Policy or practice on discipline, including corporal punishment; school rules; action to be taken by parents and schools respectively in the event of pupil’s absence.

14.  Arrangements for health care.

15.  Organisation of school day; times of arrival and dismissal; school term dates and holidays for the forthcoming session.

16.  Policy or practice with regard to mixed ability classes, streaming or setting.

17.  Policy or practice with regard to entering pupils for public examinations and the following information for the most recent school year for which the information was available at the date of supplying the information:—

(i) the number of pupils who attained each band of awards in each such public examination, shown separately for each subject and for each stage of secondary education;

(ii) the number of pupils in each of the school stages concerned, shown separately for each stage, as recorded in the first term of the school year to which the examination results relate.

18.  Arrangements for meals/snacks taken at school and any assistance given with costs; facilities for the consumption of packed lunches.

19.  Any arrangements for the transport of pupils to and from school and any assistance given with costs.

20.  Any other financial assistance available under schemes administered by the school.

(1)

1988 c. 1

(2)

1978 c. 28

(3)

1975 c. 72