These Regulations may be cited as the Education (Assisted Places) (Amendment) (No. 2) Regulations 1998, and shall come into force on 2nd September 1998.
2Amendments to the Education (Assisted Places) Regulations 1997#
The Education (Assisted Places) Regulations 1997 shall be amended in accordance with regulations 3 to 8 below.
3Amendments to the Education (Assisted Places) Regulations 1997#
In regulation 4 (as amended by the Education (Assisted Places) (Amendment) Regulations 1998, for “19(7)” there shall be substituted “19B(5)”.
4Amendments to the Education (Assisted Places) Regulations 1997#
In regulation 6(1) (as amended by the Education (Assisted Places) (Amendment) Regulations 1998), for “19(7)” there shall be substituted “19B(5)”.
5Amendments to the Education (Assisted Places) Regulations 1997#
For the cross-heading “Transfer of assisted places” preceding regulation 19, there shall be substituted—“”
6Amendments to the Education (Assisted Places) Regulations 1997#
(1)Regulation 19 shall be amended as follows.
(2)Paragraph (3) shall be omitted.
(3)For paragraph (5) there shall be substituted—“5 In this Regulation, “new school” means any school formed by the merger of a former participating school and another school referred to in paragraph (1)(a).”
(4)Paragraphs (6) to (8) shall be omitted.
7Amendments to the Education (Assisted Places) Regulations 1997#
After regulation 19, there shall be inserted the following new regulation—“19A In any case where the Secretary of State is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1) of the 1997 Act, he may authorise—a another former participating school, orb a new school authorised to provide any assisted places by virtue of regulation 19,to provide for the pupil under section 2(1) of the 1997 Act the assisted place which the first-mentioned school was authorised to provide.”
8Amendments to the Education (Assisted Places) Regulations 1997#
After the new regulation 19A so inserted, there shall be inserted the following new regulation—“19B 1 This regulation applies where the Secretary of State decides to authorise a school pursuant to regulation 19 or 19A.2 Where this regulation applies, the Secretary of State shall give written notice of his decision to the replacement 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); andc the maximum annual amount of fees which may be charged for him by the replacement school.3 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.4 Before giving a notice in the case of any pupil, the Secretary of State shall consult the replacement school as to the level of fees he proposes to specify in the notice in relation to that pupil.5 Subject to regulation 6, the fees charged by a replacement school for a transferred assisted pupil shall not exceed the maximum annual amount specified in the notice.6 In this Regulation—• “notice” (except in paragraph (2)) means a notice given by the Secretary of State to a replacement school under paragraph (2);• “old school”, in relation to a transferred assisted pupil, means the school at which he was last provided with an assisted place before the Secretary of State made the decision referred to in paragraph (1);• “replacement school”, in relation to a transferred assisted pupil, means the school authorised to provide an assisted place for that pupil under regulation 19 or (as the case may be) 19A;• “transferred assisted pupil”, in relation to a replacement school, means a child who held an assisted place at an old school and for whom the replacement school is authorised to provide an assisted place under regulation 19 or (as the case may be) 19A.”
9Amendment to the Education (Assisted Places) (Amendment) Regulations 1998#
Regulation 9 of the Education (Assisted Places) (Amendment) Regulations 1998 is hereby revoked.
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