The St Mary’s Music School (Aided Places) Regulations 1989

Citation and commencement

1.  These Regulations may be cited as the St Mary’s Music School (Aided Places) Regulations 1989 and shall come into force on 1st August 1989.

Interpretation

2.—(1) In these Regulations, 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;

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

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

“allowance” means an allowance payable by the Secretary of State in terms of these Regulations;

“fees” means—

(a)

tuition and other fees the payment of which is a condition of attendance at the school; and

(b)

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

“Scheme” means the Scheme for Aided Places at St Mary’s Music School set out in Schedule 1;

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

(2) In these Regulations, unless the context otherwise requires, any reference to a regulation or Schedule is a reference to a regulation of, or a Schedule to, these Regulations and any reference in a regulation to a paragraph is a reference to a paragraph of that regulation.

Payment of allowances

3.—(1) The Secretary of State may pay to the school allowances in respect of persons attending the school as aided pupils.

(2) Subject to the following provisions of these Regulations, the allowances referred to in paragraph (1) shall be of an amount equal to any fees or charges remitted or grants made by the school in terms of the Scheme.

(3) Payment of the allowances referred to in paragraph (1) shall be subject to the school submitting claims in accordance with regulation 4 and complying with the conditions specified in regulation 5.

Claims for payment of allowances

4.—(1) The school may submit to the Secretary of State claims for payment of the allowances referred to in regulation 3 (hereinafter referred to as “reimbursement claims”) in respect of such periods, not being less than a term, as appear to it appropriate and, with his consent, claims may be submitted on the basis of an estimate of fees or charges remitted or grants made (“provisional claims”); but, where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.

(2) As soon as is reasonably practicable after he is satisfied as respects a reimbursement claim, the Secretary of State shall pay allowance to the school in pursuance of the claim in accordance with these Regulations, without prejudice, however, where he considers it expedient to do so, to his making earlier payments of allowance on account in pursuance of the reimbursement claim or in pursuance of a provisional c laim in respect of the same period.

Conditions of payment

5.  It shall be a condition of payment of an allowance that the Secretary of State is satisfied that—

(a) in respect of the period to which the reimbursement claim relates, the school has applied the Scheme;

(b) the school has remitted all fees and charges and made all grants, in respect of which the reimbursement claim is submitted, in terms of the Scheme;

(c) in respect of the period to which the reimbursement claim relates, the school has complied with the requirements specified in regulations 7 to 16; and

(d) the school has not, in respect of the school year relative to which, or part of which, the reimbursement claim is submitted, given aided places to—

(i) more pupils than the Secretary of State, after consultation with the school, has specified; or

(ii) more day or boarding pupils than the Secretary of State, after consultation with the school, may have specified.

Requirements following payment of allowances

6.  When allowances have been paid to the school by the Secretary of State under these Regulations or under regulation 28 of the St Mary’s Music School (Aided Places) Regulations 1986(1), the school shall comply with the requirements in regulations 7 to 16.

Publication of information

7.  The school shall publish annually in a Scottish national newspaper circulating at least weekly, information on the following matters:—

(a) that the school offers aided places in accordance with the Scheme;

(b) one or more addresses and telephone numbers at which information about aided places may be obtained;

(c) that, on written application being made by parents of children eligible for a place, information about the school will be supplied to them;

(d) that information about the school is available for inspection or reference purposes at the times and places stated.

Supply of information

8.  The school shall supply in writing to the parent of a pupil eligible for an aided place in the school, on a written request being made therefor, information of the kinds specified in Schedule 2.

Updating of information

9.  The school shall review yearly and revise as necessary its provision of information of the kinds specified in Schedule 2 and such provision shall at all times state the school year to which the information therein referred to relates or refers and shall contain a warning that, although the information given is believed to be correct in relation to that year at a date specified in the provision, it should not be assumed that there will be no change in or affecting the matters covered by the provision—

(a) before the commencement or during the course of the school year in question; or

(b) in relation to subsequent school years.

Information to Secretary of State

10.  The school shall furnish the Secretary of State with—

(a) information required to be supplied under regulation 8 revised as necessary in accordance with regulation 9 not later than the end of the school year in which revision is made;

(b) such periodic returns and other information as he may require relating to the school or pupils thereat, including in particular information relevant to an intended increase in fees for pupils at the school;

(c) such information as he may require relating to any reimbursement claim or provisional claim submitted in accordance with these Regulations.

Fees

11.—(1) The school shall obtain the approval of the Secretary of State to all tuition and other fees and charges payable in respect of aided pupils and such fees and charges shall not include any sum to be paid into a bursary or similar fund.

(2) The school shall not make it a condition of the attendance of an aided pupil at the school that any payment otherwise than in respect of fees be made to the school or into a fund specified by the school.

School accounts

12.—(1) The accounts of the school shall—

(a) if the Secretary of State so requires, be kept in a form specified by him;

(b) be audited by an independent auditor.

(2) At the request of the Secretary of State, the school shall furnish him with copies of its accounts for such periods as he may specify together with copies of the auditor’s certificate relating to them.

School governing body

13.—(1) If, after consultation with the school, the Secretary of State so directs, the school shall, as from a date specified by him, permit—

(a) one or two members appointed by him to be included on the governing body of the school; or

(b) one or two persons representing him to attend, and take part in any discussions at, meetings of the governing body, notwithstanding that they are not members thereof and have no say in any decision taken thereat.

(2) This regulation shall apply in relation to a committee or sub-committee of the governing body of the school and the meetings thereof as it applies in relation to the governing body and that body’s meetings.

(3) The school shall permit a member of Her Majesty’s Inspectorate of Schools, on prior arrangement with the school, to attend any audition arranged by the school for the selection of pupils to be admitted to the school.

Proposals relating to premises

14.—(1) The school shall notify to the Secretary of State any proposals it has to—

(a) acquire new premises, or

(b) make alterations to existing premises.

(2) If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Proposals relating to boarding arrangements

15.—(1) If the Secretary of State so requires, the school shall notify to him any proposals it has to—

(a) make arrangements for boarding pupils, or

(b) change existing arrangements for such pupils.

(2) If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Overpayments

16.  The school shall repay to the Secretary of State any overpayment of allowance which appears to him to have been made to the school and, in particular, but without prejudice to that generality, where the amount of any reimbursement claim under these Regulations is less than the amount paid to the school under a provisional claim, the school shall repay the amount overpaid to the Secretary of State.

Revocations

17.  The St Mary’s Music School (Aided Places) Regulations 1986(2), the St Mary’s Music School (Aided Places) Amendment Regulations 1987(3) and the St Mary’s Music School (Aided Places) Amendment Regulations 1988(4) are hereby revoked.

M B Forsyth

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

5th July 1989