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

Conditions as to residence

2.—(1) It shall be a condition that the child shall either–

(a) have been ordinarily resident in the British Islands throughout the period of two years preceding 1st January in the calendar year in which he would take up an aided place at the school (“the relevant date”), or

(b) in the case of such a child as is mentioned in sub-paragraph (2), have been so ordinarily resident in the European Community as constituted during the relevant two year period, or

(c) in the case of such a child who is a refugee as is mentioned in sub-paragraph (3), have not been ordinarily resident outside the British Islands since he or, in the case mentioned in sub-paragraph (3)(d), his parent, was recognised as a refugee or granted asylum or granted leave to enter or remain, as the case may be.

(2) The child referred to in sub-paragraph (1)(b) is one who is resident in the British Islands on the relevant date and is the child of a national of a member state of the European Community who–

(a) where he is employed on the relevant date, is then in employment in the British Islands, or

(b) where he is not employed on that date (by reason of retirement or otherwise), was last employed in such employment.

(3) The child who is a refugee referred to in sub-paragraph (1)(c) is–

(a) a child recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the status of Refugees done at Geneva on 28th July 1951(1) as extended by the Protocol thereto which entered into force on 4th October 1967(2); or

(b) a child who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised; or

(c) a child who has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for asylum or for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly; or

(d) a child who is the child of a person who is so recognised or has been granted such asylum or leave to enter or remain in such circumstances.

(1)

Cmd. 9171.

(2)

Cmnd. 3906 (Out of print: photocopies of the English text are available, free of charge, from Schools 4 Branch, Department of Education and Science, Room 5/76, Elizabeth House, York Road, London SE1 7PH).