The Education (Grants) (Music and Ballet Schools) Regulations 1989

References to parents

4.—(1) Subject t

(1) Subject to paragraphs (2) and (3), and except where the context otherwise requires, any reference in these Regulations 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 sub-paragraph (a), are divorced or, in any of the circumstances mentioned in 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 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.

(2) Where a custodianship order made under section 33 of the Children Act 1975(1) 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 purposes of these Regulations.

(3) Where–

(a) a child or aided pupil either has no parents defined as in paragraph (1)(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.

(4) The circumstances referred to in paragraph (1)(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.

(1)

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.