Statutory Instruments
EDUCATION, ENGLAND
Made
4th August 2000
Laid before Parliament
8th August 2000
Coming into force
1st September 2000
In exercise of the powers conferred on the Secretary of State by sections 485, 489 and 569(4) and (5) of the Education Act 1996(1), the Secretary of State for Education and Employment hereby makes the following Regulations:
1. These Regulations may be cited as the Education (Grants) (Dance and Drama) (England) Regulations 2000 and shall come into force on 1st September 2000.
2.—(1) In these Regulations—
“the 1999 Regulations” means the Education (Grants) (Dance and Drama) (England) Regulations 1999(2);
“academic year” means the period from 1st September in one year to 31st August in the following year;
“award student” means an existing award student or a new award student;
“course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988(3);
“existing award student” means a student who became an award student by virtue of the 1999 Regulations;
“fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 1998(4);
“governing body” in relation to a relevant institution includes any person or body of persons responsible for the management of the institution;
“new award student” means, subject to regulations 3 to 5, a student of a description mentioned in Part II of Schedule 1 who has been selected as such by a relevant institution to follow a relevant course at that institution on the basis of high ability in, or aptitude for, dance or drama as the case may be, as demonstrated at an audition, in respect of whom a period of award has been specified and who (unless the student is selected under regulation 4(1)) has, before the beginning of the course—
reached the age of 16 in the case of a dance course; or
reached the age of 18 in the case of any other relevant course;
“the prescribed amount” means the amount prescribed for the time being by regulations made under section 22(2)(b) of the Teaching and Higher Education Act 1998 as the maximum amount of grant at the highest level available for an academic year in respect of fees payable in connection with attendance at a course of higher education at an institution which is maintained or assisted by recurrent grants out of public funds(5);
“relevant course” mean a course starting on or after 1st September 2000 other than a course of higher education; and
“relevant institution” means an institution specified in the first column of the Table in Schedule 2(6).
3.—(1) For the purposes of these Regulations the maximum number of students which may be selected by a relevant institution as new award students for any academic year with a period of award of one, two or three academic years shall, subject to paragraphs (2) to (5), not exceed the number specified in relation to that institution in the second, third or fourth column (as the case may be) of the Table in Schedule 2.
(2) Where for any academic year the number of students selected by a relevant institution as new award students with a period of award of three years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more new award students with periods of award of one or two years than their maximum, provided that the difference between the aggregate numbers of students selected with periods of award of one or two years and the aggregate of the institution’s maxima for those periods of award does not exceed the amount by which the number of pupils selected with a period of award of three years falls short of the institution’s maximum for that period of award.
(3) Where for any academic year the number of students selected by a relevant institution as new award students with a period of award of two years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more new award students with a period of award of one year than their maximum, provided that the difference between the number of students selected with a period of award of one year and the institution’s maximum for that period of award does not exceed the amount by which the number of pupils selected with a period of award of two years falls short of the institution’s maximum for that period of award.
(4) Where for any academic year the number of students selected by a relevant institution as new award students with a period of award of one, two or three academic years is less than the institution’s maximum for that period of award the Secretary of State may determine that another institution may select more than their maximum for that period of award such that the total number of new award students who can be selected in that academic year with a particular period of award does not exceed the total of all the relevant institutions' maxima for that period of award.
(5) For the purposes of this regulation—
(a)an institution’s maximum for any particular period of award is the number specified in the second, third or fourth column of the Table in Schedule 2, as the case may be, and
(b)a student is selected “for” a particular academic year if he is selected for a course the first academic year of which is the academic year in question.
(6) In this regulation references to a student “with” a particular period of award are references to a student in respect of whom that period of award has been specified.
4.—(1) Where an award student (“the original student”) ceases to attend an institution before the end of the period of award specified in relation to that student the relevant institution may in accordance with paragraph (2) select another student (“the substituted student”) as an award student in substitution for the original student and for the purposes of these regulations the original student and the substituted student shall be treated as the same person provided that the substituted student—
(a)has reached the age of 16 in the case of a dance course, or
(b)has reached the age of 18 in the case of a drama course
at the date of the selection.
(2) Any selection of a substituted student under paragraph (5) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at the same group of auditions as that at which the original student’s ability or aptitude was demonstrated.
(3) If, before an award student completes his course, a relevant institution is discontinued and an award student at that institution transfers to another relevant institution the Secretary of State may determine that for the purposes of regulations 6 to 8 the student in question should become an award student at the institution to which the student has transferred for the remainder of the period of award specified in respect of that student.
(4) A student cannot be an award student if he has previously been an award student in respect of another course unless the Secretary of State otherwise determines, by reason of his being of the opinion that—
(a)the student having been selected for one course (whether or not he has completed it) should attend another course which is more suitable to the continued development of the student; or
(b)the student was prevented from completing the course for which he was selected due to circumstances outside his control.
(5) The Secretary of State may only make a determination under paragraph (4) if an application is made in writing by the institution at which it is proposed that the student should attend the second course.
5.—(1) Unless paragraph (2) applies a student is not an award student after the end of the period of award specified in respect of that student.
(2) Where an award student has been unable to attend a course throughout the whole of the period of award through circumstances outside the control of the student, the Secretary of State may determine that the student be an award student for a further period not exceeding a period which would result in the student being an award student for four academic years.
6.—(1) The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution.
(2) Grant paid under this regulation shall, subject to paragraphs (3) and (4), be the amount specified in the fifth column of the Table in Schedule 2 in relation to the institution multiplied by the number of award students attending the institution during the academic year in question.
(3) Where an award student attends a relevant institution during part only of an academic year grant paid to the governing body of a relevant institution under this regulation shall (unless a substituted student is selected under regulation 4(1)) be reduced by such amount as the Secretary of State considers appropriate having regard to the length of time during the academic year during which the student attended the institution.
(4) The governing body of any relevant institution to whom grant is paid under this regulation shall—
(a)remit the fees payable in respect of each award student’s attendance on the course to the extent necessary to secure that the amount payable in respect of each academic year by way of such fees is no more than the prescribed amount; and
(b)secure that the fees paid in respect of the audition at which any new award student was selected do not exceed £30 (and accordingly where a fee in excess of that amount was paid repay the difference between the fee paid and £30).
7.—(1) The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of any award student who attends that institution during the academic year in question.
(2) Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents, and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
(3) The governing body of the institution to whom grant is paid under this regulation shall, in addition to the remission of fees which they are required to make by virtue of regulation 6(4)(a), further remit the fees payable in respect of the award student’s attendance on the course by an amount equivalent to the amount of the grant.
8.—(1) The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of an award student other than a person mentioned in paragraph 9 of Schedule 1 and not in any other paragraph of that Schedule, who attends the institution during the academic year in question.
(2) Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
(3) The governing body of an institution to whom grant is paid under this regulation shall, at such times and in such instalments as may be specified by the Secretary of State, make payments to the award student in respect of his maintenance of an amount equivalent to the amount of the grant.
9. The payment of grant under regulations 6, 7 or 8 shall be subject to the governing body of the institution submitting grant claims to the Secretary of State or to any person he may specify at such times and in such manner and form, and furnishing such declarations (including declarations by the award student or his parent) and other information, as the Secretary of State may require.
10.—(1) The governing body of a relevant institution shall comply with such requirements (including requirements as to the repayment of grant) as may be specified by the Secretary of State.
(2) Without prejudice to the generality of paragraph (1)—
(a)the governing body of a relevant institution shall keep such records and accounts and furnish to the Secretary of State or, if the institution provides further education and he so directs, to the relevant council, such information, documents returns and accounts as the Secretary of State may from time to time require;
(b)where a relevant institution provides further education, the governing body of the institution shall permit any person authorised by the relevant council to inspect the institution and afford to such person all the facilities he may reasonably require for making such an inspection; and
(c)where a relevant institution is a school, the governing body of the institution shall permit any person authorised by the Secretary of State to inspect the school and afford to such person all the facilities he may reasonably require for making such an inspection.
(3) In this regulation “the relevant council” means—
(a)before section 89 of the Learning and Skills Act 2000(7) is in force, the Further Education Funding Council for England, and
(b)when that section is in force, the Learning and Skills Council for England.
11. Any consent or determination given or made by the Secretary of State for the purposes of these Regulations shall be given or made in writing.
12. The 1999 Regulations are hereby revoked, but the revocation of those regulations shall not prevent the Secretary of State from making payments of grant authorised by those regulations in respect of the academic year starting on 1st September 1999 and ending on 31st August 2000, or affect any requirement imposed by or under those regulations.
Tessa Blackstone
Minister of State,
Department for Education and Employment
4th August 2000
Regulation 2
1. In this Schedule—
“the Council Regulation” means Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community as extended by the EEA Agreement(8);
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(9) as adjusted by the Protocol signed at Brussels on 17th March 1993(10);
“European Community” means the territory comprised in the members States of the European Community as constituted from time to time; and
“European Economic Area” means the European Community and, subject to conditions laid down in the EEA Agreement, the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Leichenstein.
2. In this Schedule a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom—
(a)under the Council Regulation; or
(b)in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of the Council Regulation.
3. A person who on the first day of the first academic year of the course—
(a)is settled in the United Kingdom within the meaning of the Immigration Act 1971(11); and
(b)meets the residence conditions referred to in paragraph 10.
4. A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child or stepchild of such a refugee, in each case who meets the residence condition in paragraph 10(a).
5. A person who—
(a)(i)has been informed 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 recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom; or
(ii)before 1st July 1993 applied to the Secretary of State for the Home Department for recognition as a refugee and who has been informed by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow him to enter or remain in the United Kingdom,
(b)has been granted leave to enter or to remain accordingly; and
(c)has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;
or who is the spouse, child or stepchild of such a person, where the person, or as the case may be the spouse, child or stepchild meets the residence conditions referred to in paragraph 10.
6. A person who is an EEA migrant worker who—
(a)is entitled to support by virtue of Article 7(2) or (3) of the Council Regulation or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3) of the Council Regulations; and
(b)meets the residence conditions referred to in paragraph 10.
7. A person who is the spouse of an EEA migrant worker and who—
(a)is installed in the United Kingdom with his spouse; and
(b)meets the residence conditions referred to in paragraph 10.
8.—(1) A person who is the child of an EEA migrant worker and who—
(a)is entitled to support by virtue of Article 12 of the Council Regulation, or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12 of the Council Regulation; and
(b)meets the residence conditions referred to in paragraph 10.
(2) For the purpose of this paragraph “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.
9. A person who is a national of a member State of the European Community who meets the residence conditions referred to in paragraph 10(b) and (c).
10. The residence conditions referred to above are that—
(a)the person is ordinarily resident in England and Wales on the first day of the first academic year of the course;
(b)the person has been ordinarily resident throughout the three year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 3 or 5, in the United Kingdom and Islands, or, in the case of a person mentioned in paragraphs 6, 7, 8 or 9 in the European Economic Area; and
(c)his residence in the United Kingdom and Islands, or in the European Economic Area, as the case may be, has not during any part of the period referrerd to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.
Regulations 2 and 3
(1) | (2) | (3) | (4) | (5) |
---|---|---|---|---|
Name of Institution | No. of new award students with a period of award of one year | No. of new award students with a period of award of two years | No. of new award students with a period of award of three years | Grant under regulation 6 per award student p.a. |
Academy of Live and Recorded Arts | 0 | 7 | 23 | £6,650 |
Arts Educational School (London) | 8 | 4 | 42 | £6,682 |
Arts Educational School (Tring) | 0 | 8 | 0 | £6,961 |
Central School of Ballet | 1 | 6 | 12 | £7,307 |
Doreen Bird College of Performing Arts | 1 | 5 | 17 | £5,698 |
Elmhurst, The School for Dance and the Performing Arts | 0 | 0 | 16 | £5,470 |
English National Ballet School | 2 | 10 | 0 | £7,917 |
Hammond School | 0 | 4 | 6 | £7,423 |
Italia Conti Academy of Theatre Arts | 1 | 7 | 23 | £6,709 |
Laine Theatre Arts | 3 | 2 | 37 | £5,813 |
London Academy of Music and Dramatic Art | 1 | 10 | 17 | £5,913 |
Merseyside Dance and Drama Centre | 0 | 0 | 21 | £3,561 |
Midlands Academy of Dance and Drama | 0 | 4 | 9 | £3,853 |
Northern Ballet School | 2 | 6 | 21 | £6,569 |
Oxford School of Drama | 5 | 0 | 12 | £4,929 |
Performers College | 0 | 4 | 23 | £5,025 |
Royal Academy of Dramatic Art | 2 | 11 | 21 | £5,776 |
Stella Mann College | 1 | 4 | 13 | £5,623 |
Studios La Pointe | 4 | 3 | 12 | £5,911 |
Urdang Academy | 1 | 5 | 22 | £6,245 |
Webber Douglas Academy of Dramatic Art | 0 | 0 | 13 | £6,896 |
(This note is not part of the Regulations)
These Regulations makes provision for grant to be paid by the Secretary of State to the institutions listed in the first column of Schedule 2 (defined in the regulations as “relevant institutions”), in respect of dance and drama students selected by the institutions (referred to in the regulations as award students). They replace the Education (Dance and Drama) (England) Regulations 1999 which are revoked by regulation 12.
Regulation 3 makes provision for the maximum number of students who can be selected as new award students for a course starting on or after 1st September 2000.
Regulations 4 and 5 make further provision about award students and the period for which an award lasts at each relevant institution.
Regulation 6 provides for grant to be paid to the governing body of each relevant institution. The amount of grant is, in general, the amount specified for that institution in Schedule 2 multiplied by the number of award students attending the institution during the academic year in question. Regulation 6 also imposes a requirement of remit fees for award students and to secure that any fee for an audition does not exceed £30.
Regulations 7 and 8 provide further grant to relevant institutions in respect of award students. The amount of such grant is determined by the Secretary of State having regard to the income of the student in question and his parent. Regulations 7 and 8 impose a requirement to remit fees (in the case of grant paid under regulation 7) or make a payment to the student (in the case of grant paid under regulation 8).
Regulations 9 to 11 deal with grant claims, further requirements to be complied with by institutions receiving grant and provide that determinations and consents should be in writing.
1996 c. 56. By virtue of S.I. 1999/672 the powers conferred by sections 485 and 489 are exerciseable by the Secretary of State only in relation to England.
S.I. 1999/2264
The amount is currently £1,050; see regulation 11 of S.I. 2000/1121.
All the relevant institutions are in England.
OJ No. L257, 19.10.98, P. 2 (OJSE 1968) (II) p. 475).
Cmnd 2073.
Cmnd 2183.
1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4; by the Immigration Act 1998 (c. 14), sections 1, 2, 3, 4, 6 and 10 and the Schedule, any by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.