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

Regulation 6

SCHEDULE 2 CONDITIONS OF PAYMENT OF GRANT

Total number of aided places

1.—(1) This paragraph shall apply if the Secretary of State, for the purposes hereof, specifies the total number of pupils who may hold aided places at a particular school and different total numbers may be specified for boarding pupils and for day pupils; and in this paragraph “the specified number” means a number for the time being so specified by him.

(2) If and so long as the total number of pupils holding aided places at the school or, as the case may be, the total number of boarding pupils or of day pupils holding such places, is not less than the specified number then no further aided places or, as the case may require, no further boarding or day aided places, shall be granted at the school.

Number of aided places granted each year

2.  If the Secretary of State, for the purposes hereof, specifies the number of aided places which may be granted at a particular school to be taken up in a particular school year then that school shall not so grant a greater number of such places.

Selection of aided pupils

3.—(1) Aided places shall only be granted in the case of children who will be provided–

(a) at a school other than the Royal Ballet School, with education in music (otherwise than wholly or mainly in connection with singing in a choir);

(b) at the Royal Ballet School, with education in ballet dancing.

(2) An aided place shall not be granted by a school to a child who was a pupil thereat before 1st September 1981:

• Provided that this condition shall not apply in relation to the grant of an aided place by the Royal Ballet School or the Yehudi Menuhin School to a pupil in respect of whom fees were remitted before the said date in accordance with arrangements approved by the Secretary of State for the purposes of the Royal Ballet School and Yehudi Menuhin School (Grants) Regulation 1973(1).

(3) An aided place to be first taken up in the Upper Division at the Royal Ballet School shall only be granted–

(a) to a child in the Lower Division about to transfer to the Upper Division thereof, or

(b) to a child in the Upper Division who transferred thereto from the Lower Division thereof on or after 1st September 1983.

Fees

4.—(1) Subject to sub-paragraph (2) the tuition fees and other fees and charges payable in respect of pupils attending a particular school shall be such as are for the time being approved by the Secretary of State.

(2) The Secretary of State may waive the condition in sub-paragraph (1) in the case of a school either generally or in relation to particular fees or charges but any such waiver shall be subject to revocation by him and may be subject to the school fulfilling such other conditions relating to fees and charges as may for the time being be specified by him including, in particular, conditions requiring that he be given notice of proposals to increase fees or charges.

(3) No fee or other charge shall be designated for remission in accordance with paragraph 13 or 14 of the Scheme without the approval of the Secretary of State.

Publication of information

5.—(1) A school shall publish–

(a) particulars of the Scheme;

(b) annual particulars of the number of aided places likely to be offered in the year in question together with information as to the making of applications therefor and as to arrangements for selection, admission and the remission of fees and charges, and

(c) such other information as may be specifed for the purposes hereof by the Secretary of State.

(2) Subject to any directions given by the Secretary of State for the purposes hereof, either in the case of a named school or all the schools, anything required to be published under sub-paragraph (1) shall be published in such manner, and at such time or times, as appears to the school appropriate for the purpose of bringing the particulars or information to the attention of parents likely to be interested therein.

Returns etc. required by the Secretary of State

6.  A school shall furnish the Secretary of State with such periodic returns and information as he may require relating to the school or aided pupils thereat including, in particular, information relevant to an intended increase in fees or charges for aided pupils.

School Accounts

7.—(1) The accounts of a school shall–

(a) if the Secretary of State so requires, be kept in a form specified by him;

(b) be audited by an independent auditor.

(2) At the request of the Secretary of State, a school shall furnish him with copies of their accounts for such periods as he may specify together with copies of the auditor’s certificate relating thereto.

Teachers

8.  No person who is barred from employment as a teacher at a school maintained by a local education authority by directions, given and not withdrawn, of the Secretary of State under regulations(2) for the time being in force under section 27(3) of the Education Act 1980(3) shall be employed as a teacher at a school.

School governing body

9.—(1) If, after consultation with a particular school, the Secretary of State so directs, as from a date specified by him whichever of the following conditions as is specified in his direction shall apply in the case of that school, namely–

(a) the governing body shall include one or two members, as he may specify, appointed by him, or

(b) one or two persons representing him, as he may specify, shall be entitled to attend, and take part in any discussions at, meetings of the governing body notwithstanding that they are not members thereof and have no say in any decision taken.

(2) This paragraph shall apply in relation to a committee or sub-committee of the governing body of a school and the meetings thereof as it applies in relation to the governing body and that body’s meetings.

Proposals relating to premises

10.—(1) Any proposals by a school–

(a) to acquire new premises, or

(b) to make alterations to existing premises,

shall be notified to the Secretary of State.

(2) If in the case of any such proposals he so requires, the proposals shall not be implemented without his approval which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Proposals relating to boarding arrangments

11.—(1) Any proposals by a school–

(a) to make arrangements for boarding pupils, or

(b) to change existing arrangements for such pupils,

shall, if the Secretary of State so requires, be notified to him.

(2) If in the case of any such proposals he so requires, the proposals shall not be implemented without his approval which may be given either unconditionally or subject to conditions specified by him being fulfilled.

Corporal Punishment

12.  No person shall be debarred from receiving education under the Scheme (whether by refusing to select him, suspending his attendance or otherwise) by reason of the fact that section 47 of the Education (No. 2) Act 1986(4) applies in relation to him, or if he were selected might so apply.

(1)

1986 c. 50.

(2)

The Regulations in force at the date when these Regulations were made were the Education (Teachers) Regulations 1982 (S.I. 1982/106), amended by S.I. 1988/542 and 1989/329.

(3)

1980 c. 20.

(4)

1986 c. 61; section 47 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, Part I, paragraph 35 and Schedule 13, Part II.