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

PART I INTRODUCTORY

Interpretation

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

“the Act” means the Education (Scotland) Act 1980(1);

“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;

“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;

“employment” includes the holding of any office and any occupation for gain; and

“employed” shall be construed accordingly;

“European Community” means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;

“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;

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

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

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

“national of a member state of the European Community” means any person who is a national of any member state of the European Community (including the United Kingdom) as constituted from time to time;

“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.

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

(a) in the ordinary case, to his father and mother or, where one is dead, to the survivor and, should he remarry, his spouse;

(b) where his father or mother, having actual custody of him, has married a person who is not his parent, to that parent and his spouse;

(c) where his parents, defined as in head (a) are divorced or, in any of the circumstances mentioned in sub-paragraph (4), separated, to that one of them who has, or in pursuance of an order of a court is entitled to, actual custody of the child or aided pupil and, should that person being divorced remarry, his spouse;

(d) where he has no parents defined as in heads (a), (b) and (c), to his guardian or guardians (if any) or to any person or persons who have been granted custody in pursuance of an order of a court (including any order made in terms of section 47 of the Children Act 1975(2);

(e) where he has no parents so defined and no guardian, or where there is no order of a court granting custody, to the person or persons who have actual custody of the child or aided pupil.

(3) Where—

(a) a child or aided pupil either has no parents defined as in sub-paragraph (2)(a), (b), (c) or (d) or he has such parents whose whereabouts are unknown; and

(b) he is in the care of a local authority or a voluntary organisation under any enactment or is subject to a supervision requirement imposed by a children’s hearing under section 44 of the Social Work (Scotland) Act 1968(3), 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.

(4) 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—

(a) one parent is liable to make periodic payments to or for the benefit of the other or one or more of their children; or

(b) one parent has been given custody of, or access to, one or more of their children; or

(c) one parent is prohibited from entering the matrimonial home.

(5) In this Scheme, unless the context otherwise requires—

(a) any reference to a paragraph is a reference to a paragraph of this Scheme;

(b) any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph;

(c) any reference in a sub-paragraph to a head is a reference to a head of that sub-paragraph.

(1)

1980 c. 44

(2)

1975 c. 72; section 47 was amended by paragraph 16 of Schedule 3 to the Adoption (Scotland) Act 1978 (c. 28), and by paragraph 14 of Schedule 1 and by Schedule 2 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9)

(3)

1968 c. 49