1.—(1) The school shall select children to hold aided places thereat but a child shall only be eligible for such selection if all the conditions mentioned in this Part are, so far as relevant, satisfied in his case:
Provided that in relation to the Royal Ballet School or the Yehudi Menuhin School, the said conditions shall not apply in the case of a pupil at the school in question before 1st September 1981 in respect of whom fees were remitted in accordance with arrangements approved by the Secretary of State for the purposes of the Royal Ballet School and the Yehudi Menuhin School (Grants) Regulations 1973(1).
(2) Nothing in this paragraph shall prevent a child from being selected for an aided place in advance of its being ascertained that such a condition is satisfied if the selection is subject to the condition being satisfied.
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(2) as extended by the Protocol thereto which entered into force on 4th October 1967(3); 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.
3. It shall be a condition that the child shall have attained the age of eight years before he would take up an aided place at the school or that he will have attained that age before 1st August next following his taking up an aided place.
4. It shall be a condition that the parents of the child, when applying to the school for an aided place, shall have furnished the school with such information as is requisite for determining whether he is eligible for selection for such a place.
5. A school shall not select for an aided place a child the whole of whose fees for the school year in which he would take up his aided place if selected therefor are required to be paid in pursuance of an order of a court.
S.I. 1973/370.
Cmd. 9171.
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).