Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

References to parents

4.—(1) Subject to paragraphs (2) and (3), any reference in these Regulations to the parents of a child or aided pupil is a reference to:

(a) the child’s father and mother where—

(i) they live together as husband and wife (whether or not they are married to each other), and

(ii) the child normally resides with them in the same household; or

(b) where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the child, with whom the child normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the child in the same household; or

(c) where neither sub-paragraph (a) nor (b) above applies, the child’s guardian appointed in accordance with section 5 of the Children Act 1989(1) and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the child in the same household; or

(d) where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the child resides in accordance with either:

(i) a subsisting residence order made under section 8 of the Children Act 1989; or

(ii) any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the child,

and the spouse (if any) of that person where the spouse normally resides with that person and the child in the same household; or

(e) where none of sub-paragraphs (a) to (d) above applies and where the child is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the child normally resides in accordance with any informal care or fostering arrangement, and that person’s spouse (if any) where the spouse normally resides with that person and the child in the same household.

(2) Where a child or aided pupil—

(a) either has no parents as defined in paragraph (1) or the school is satisfied that no such parents can be found, and

(b) is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,

he shall be treated as a child whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.

(3) References in this regulation to a person who normally resides with a child mean, in relation to a child who is a boarder at a school, a person with whom the child normally resides when he is not at school.

(4) Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph 1(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents and not his natural parents.

(1)

1989 c. 41.