18.—(1) Each school shall publish—
(a)particulars of the assisted places scheme;
(b)for each school year the number of assisted places likely to be offered in that year, information concerning the procedure for the making of applications for assisted places, and details of the arrangements for selection, admission and fee remission;
(c)the information as to the public examinations for which pupils at the school are entered and as to the results obtained by such pupils which the school would be required to publish pursuant to section 8(5) of the Education Act 1980(1) and regulations from time to time in force thereunder(2) if it were a school maintained by a local education authority; and
(d)such other information as may be specified for the purposes of this regulation by the Secretary of State.
(2) Subject to any directions given by the Secretary of State for the purposes of this regulation, either generally or in the case of a particular school, anything required to be published under 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 matter to the attention of parents likely to be interested therein.
19.—(1) Subject to paragraph (4), in selecting pupils to take up assisted places in any school year, a school shall ensure that at least 60 per cent of the total number of assisted pupils at the school in that school year will be pupils from publicly maintained schools.
(2) For the purposes of paragraph (1), a pupil is from a publicly maintained school if, at the time of his selection (or consideration for selection) for a place (whether assisted or not) at the participating school, he is attending a publicly maintained school as defined in paragraph (3) and has attended a publicly maintained school for a continuous period including at least the whole of the previous school year, provided that a child who has so attended a school of the type maintained in paragraph (3)(e) is not to be regarded as a pupil from a publicly maintained school if fees were payable in respect of his attendance there.
(3) A “publicly maintained school” for the purposes of paragraph (2) means—
(a)a school maintained by a local education authority,
(b)a grant-maintained, or a grant-maintained special, school,
(c)a school under the management of an education authority in Scotland,
(d)a self-governing school in Scotland within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989(3),
(e)a grant-aided school in Northern Ireland within the meaning of the Education and Libraries (Northern Ireland) Order 1986(4), or
(f)a school maintained by the Secretary of State for Defence.
(4) On application made by a school, the Secretary of State may modify or dispense with the requirement in paragraph (1) as respects a year specified by her but she may attach such conditions as she thinks fit to any such modification or dispensation.
20.—(1) In the case of an assisted pupil the school shall not make it a condition of his attendance that any payment otherwise than in respect of fees be made to the school, or into a fund (including a bursary or similar fund) specified by the school.
(2) The fees for assisted pupils for any school year (other than entrance fees for public examinations) shall be payable in respect of each term and, subject to any increase in fees in the course of the school year, the fees payable in respect of each term shall be a third of those payable for the whole of that year.
(3) This regulation shall have effect subject to any provisions relating to fees in the participation agreement.
21. A school shall not increase the fees for an assisted pupil unless the school have given the Secretary of State at least one month’s written notice of their intention so to do and, if within fourteen days of receiving such notice the Secretary of State so directs, a school shall refrain from making the increase or shall postpone or restrict the amount of the increase as she may then or subsequently require.
22. A school shall furnish the Secretary of State with such periodic returns and information as she may require relating to the school or assisted pupils attending there including, in particular, information relevant to an intended increase in fees for assisted pupils.
23.—(1) The accounts of a school shall
(a)if the Secretary of State so requires, be kept in a form specified by her;
(b)be audited by an independent person who is eligible under section 25 of the Companies Act 1989(5) for appointment as a company auditor.
(2) At the request of the Secretary of State, a school shall furnish her with copies of their accounts for such periods as she may specify together with copies of the auditor’s certificate relating thereto.
Subsection (5) was substituted by section 21(7) and Schedule 4, paragraph 4 of the Education (Schools) Act 1992 (c. 38).
The Regulations in force at the date on which these Regulations are made are, as regards England, the Education (School Information) (England) Regulations 1994 (S.I. 1994/1421) (as amended by S.I. 1994/2103 and S.I. 1994/2387) and, as regards Wales, the Education (School Information) (Wales) Regulations 1994 (S.I. 1994/2330).
S.I. 1986/594 (N.I. 3).