The Education (Assisted Places) Regulations 1989

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “child” includes a step-child and a child adopted in pursuance of adoption proceedings and “father” and “mother” shall be construed accordingly; and it is hereby declared that notwithstanding the definition in section 114(1) of the Education Act 1944(1)“child” includes a child who is over compulsory school age;

• “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 a school but excludes boarding fees and such other fees, if any, as may be excluded by the participation agreement, and

  (b)

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

• “financial year” has the meaning assigned thereto by Regulation 10;

• “first assisted year” has the meaning assigned thereto by Regulation 3(3);

• “income” and “relevant income” have the meanings assigned thereto by Regulation 11;

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

• “remission questions” has the meaning assigned thereto by Regulation 9;

• “school” means a participating school within the meaning of section 17(2) of the Education Act 1980 and references to a school include references to the proprietors thereof and persons acting with their authority.

(2) Subject to paragraphs (3) and (4), and except where the context otherwise requires, any reference in these Regulations to the parents of a child or assisted 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 sub-paragraph (a), are divorced or, in any of the circumstances mentioned in paragraph (5), 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 pupil and, should that person being divorced remarry, his spouse;

(d) where he has no parents defined as in sub-paragraphs (a), (b) and (c), to his guardian or guardians, if any;

(e) where he has no parents so defined and no guardian, to the person or persons who have actual custody of the child or pupil.

(3) Where a custodianship order made under section 33 of the Children Act 1975(2) is in force in respect of a child or pupil, his custodian and the spouse of the custodian (if any) shall be treated as the parents of the child or pupil for the purpose of these Regulations.

(4) Where—

(a) a child or assisted pupil either has no parents defined as in paragraph (2)(a), (b), (c) or (d) or he has such parents but the school are satisfied that they cannot be found, and

(b) he is either in the care of a local authority or in the care of a voluntary organisation within the meaning of section 88 of the Children Act 1975,

then, for the purposes of these Regulations, he shall be treated as a child whose parents have no income but, subject as aforesaid, any reference to his parents shall be construed as a reference to the authority or organisation in whose care he is.

(5) The circumstances referred to in paragraph (2)(c) are that the parents are separated under an order of a court of competent jurisdiction, or by 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.

(6) In these Regulations any reference to a Regulation is a reference to a Regulation of these Regulations and any reference in a Regulation to a paragraph is a reference to a paragraph of that Regulation.

(1)

1944 c. 31

(2)

1975 c. 72; section 33 was amended by the Family Law Act 1986 (c. 55), Schedule 1, paragraph 19, and Schedule 2; and by the Family Law Reform Act 1987 (c. 42), Schedule 2, paragraph 60.