EDUCATION, ENGLAND Citation and commencement 1 These Regulations may be cited as the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 and shall come into force on 1st September 2001. Interpretation 2 1 In these Regulations— “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 ; “existing award student” means a student who became an award student by virtue of the Education (Grants) (Dance and Drama) (England) Regulations 1999 or the Education (Grants) (Dance and Drama) (England) Regulations 2000 ; “fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 1998 ; “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” has the meaning given in regulation 3; “Part 1 relevant institution” and “Part 2 relevant institution” mean the institutions specified in the first column of Part 1 and Part 2 respectively of the Table in Schedule 2; “relevant course” mean a course starting on or after 1st September 2001 other than a course of higher education; and “relevant institution” means an institution specified in the first column of the Table in Schedule 2. Meaning of “new award student” 3 1 In these Regulations “new award student” means a student who has been selected as such according to the appropriate criteria by a Part 1 relevant institution to follow a relevant course at that institution in respect of whom a period of award has been specified and who (unless the student is selected under regulation 5(1)) has, before the beginning of the course— a reached the age of 16 in the case of a dance course, or b reached the age of 18 in the case of a drama course. 2 For the purposes of this regulation an institution selects students according to the appropriate criteria— a if the institution selects students on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at an audition, and b where— i it appears to the institution that two or more students are of similar ability or aptitude, and ii the maximum number of students who may be selected as new award students in accordance with regulation 4(1) is such that both or all such students cannot be selected, if the institution selects the student or students the income for whom appears to be the lower. 3 For the purpose of paragraph (2)(b) the income for a student is— a unless sub-paragraph (b) applies, the income of the students' parents or, in cases where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution so determines, the income of one of the student’s parents, and b where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution determines that the student is independent, the income of the student. New award students—supplementary 4 1 For the purposes of these Regulations the maximum number of students which may be selected by a Part 1 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) in Part 1 of the Table in Schedule 2. 2 Where for any academic year the number of students selected by a Part 1 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 Part 1 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 Part 1 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 in Part 1 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. Existing and new award students—supplementary 5 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 (1) 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 7 to 9 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. 6 Where (pursuant to a determination under paragraph (4)) a student becomes an award student at a second course the period of award to be specified in respect of the second course shall be such that the periods of award specified in respect of the first course and the period of award specified in respect of the second course taken together do not exceed four academic years. Periods of award 6 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. Grants to relevant institutions 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. 2 Subject to paragraphs (3) and (4) grant paid under this regulation shall— a in the case of a Part 1 relevant institution, be the amount specified in the fifth column of Part 1 of the Table in Schedule 2 in relation to the institution; and b in the case of a Part 2 relevant institution, be the amount specified in the second column of Part 2 of the Table in Schedule 2 in relation to the institution, in each case 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 5(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 £1,075; 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). Further grants to relevant institutions—fees 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 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 7(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. Further grants to relevant institutions—maintenance 9 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. Additional grants to relevant institutions 10 1 The Secretary of State may pay a grant under this regulation to the governing body of a relevant institution in respect of expenditure incurred or to be incurred for the purpose of or in connection with the education or training in dance or drama of persons who are not award students with a view to such persons becoming award students (whether at the institution in question or at another institution). 2 Grant paid under this regulation shall be such amount as the Secretary of State may determine. Grant claims 11 The payment of grant under regulations 7, 8, 9 or 10 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. Requirements to be complied with 12 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 the Secretary of State or, if he so directs, to the Learning and Skills Council for England, 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 Learning and Skills Council for England 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. Consents and determination 13 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. Remit of inspectorates 14 1 Education or training in dance or drama which is— a provided by a relevant institution to award students; and b suitable to the requirements of persons aged 19 or over is hereby prescribed for the purposes of section 53(1)(e) of the Learning and Skills Act 2000 (which provides that the Adult Learning Inspectorate’s remit includes such other education or training as may be prescribed). 2 Education or training in dance or drama which is— a provided by a relevant institution to award students; and b suitable to the requirements of persons aged under 19 is hereby prescribed for the purposes of section 60(1)(d) of the Learning and Skills Act 2000 (which provides that such other education and training as may be prescribed is brought within the extended remit of Her Majesty’s Chief Inspector of Schools in England). Revocation 15 The Education (Grants) (Dance and Drama) (England) Regulations 2000 and the Education (Grants) (Dance and Drama) (England) (Amendment) Regulation 2000 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 2000 and ending on 31st August 2001, or affect any requirement imposed by or under those regulations. Ivan Lewis Parliamentary Under Secretary of State, Department for Education and Skills 3rd August 2001