The Education (Assisted Places) Regulations 1997

Transfer of assisted places

19.—(1) This regulation applies where a former participating school—

(a) merges with another independent school (including a school which was not also a former participating school);

(b) closes (whether wholly or in part), or

(c) notifies the Secretary of State that it no longer wishes to provide assisted places under section 2(1) of the 1997 Act.

(2) Where this regulation applies, the Secretary of State may authorise the new school or (as the case may be) any other former participating school to provide under section 2(1) of the 1997 Act any assisted places which the old school was authorised to provide.

(3) Where the Secretary of State decides to authorise a replacement school pursuant to paragraph (2), he shall give written notice of his decision to that school; and that notice shall specify in respect of every transferred assisted pupil—

(a) his name, address and date of birth;

(b) the period for which he may be provided with an assisted place by the replacement school (which shall correspond to the remainder of the period for which his assisted place at the old school would have been available); and

(c) the maximum annual amount of fees which may be charged for him by the replacement school.

(4) Where the Secretary of State has authorised a new school pursuant to paragraph (2), references in these Regulations to “school” shall, where the context permits, include that school.

(5) A transferred assisted pupil shall cease to hold an assisted place at the replacement school at the end of the period specified in the notice.

(6) Before making a decision under paragraph (3), the Secretary of State shall consult the replacement school as to the level of fees he proposes to specify in the notice.

(7) Without prejudice to regulations 5 and 6, the fees charged by a replacement school for a transferred assisted pupil shall not exceed the maximum annual amount specified in the notice.

(8) In this Regulation—

“new school” means a school formed by the merger of the old school and another school;

“notice” means a notice given by the Secretary of State to a replacement school under paragraph (3);

“old school” means a former participating school referred to in paragraph (1);

“replacement school” means a school authorised to provide assisted places under paragraph (2); and

“transferred assisted pupil” means a child who held an assisted place at the old school and for whom the replacement school is authorised to provide an assisted place under paragraph (2).