Statutory Instruments
1996 No. 1783 (S.147)

EDUCATION, SCOTLAND
The Grants for Pre-school Education (Scotland) Regulations 1996

Made
5th July 1996

Laid before Parliament
9th July 1996

Coming into force
1st August 1996

The Secretary of State, in exercise of the powers conferred on him by sections 73(a), (c) and (d) and 74(1) of the Education (Scotland) Act 1980(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Grants for Pre-school Education (Scotland) Regulations 1996 and shall come into force on 1st August 1996.

Definition of pre-school education

2.—(1) In these Regulations, “pre-school education” means education which is provided for a child at any time–

(a)on and after the date of commencement of the school year immediately before that in which the child would first become eligible to commence attendance at a public primary school under section 32 of the Education (Scotland) Act 1980; and

(b)before the earliest of these dates:–

(i)the date when the child attains school age;

(ii)the date when the child commences attendance at a public primary school by virtue of section 32(4) to (7) of that Act;

(iii)the date when the child commences attendance at a school in any other circumstances, other than for the purpose only of activities of the kind described in section 1(5)(a)(i) of that Act (activities in nursery schools and nursery classes).

(2) For the purpose of this regulation “school year” means a period of 12 months commencing on 1st August of any year.

Grants for pre-school education

3.—(1) The Secretary of State may pay grants to–

(a)North Ayrshire, East Renfrewshire, Argyll and Bute and Highland Councils, as education authorities responsible for the areas specified in paragraph (2); and

(b)such managers of schools and other persons as are approved by him,

in respect of expenditure approved by him, incurred or to be incurred by them during the period of 12 months beginning with 1st August 1996 in providing pre-school education or for the purposes of or in connection with the provision of pre-school education.

(2) Subject to paragraph (3), grants under paragraph (1) may be paid only in respect of pre-school education provided in, and for a child whose parent is ordinarily resident, in any of the following areas:–

(a)the local government area of North Ayrshire;

(b)the local government area of East Renfrewshire;

(c)in the local government area of Argyll and Bute–

(i)the islands of Bute, Islay and Tiree;

(ii)two areas comprising, firstly, Oban and Lorn, Lochgilphead and Ardrishaig and, secondly, South Kintyre, being the areas delineated in red on the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Grants for Pre-school Education (Scotland) Regulations 1996”, one such copy of which is deposited in the principal office of the Scottish Office Education and Industry Department at Victoria Quay, Edinburgh and the other such copy of which is deposited at the office of the Chief Executive of Argyll and Bute Council, Kilmory Castle, Lochgilphead, Argyll;

(d)in the local government area of Highland, the areas of the former Badenoch and Strathspey and Caithness Districts (as those existed immediately before 1st April 1996).

(3) Grants under paragraph (1) may be paid also in respect of pre-school education provided in a special school outwith any of the areas specified in paragraph (2) for a child whose parent is ordinarily resident in one of those areas.

Determination and payment of grants

4.—(1) Grants under these Regulations shall be of such amounts and paid at such rates and in respect of such periods as the Secretary of State may determine.

(2) Grants under these Regulations may be paid as single payments or by instalments of such amounts and at such times as the Secretary of State may determine.

Requirements relating to grants

5.—(1) Any education authorities, managers of schools or other persons to whom grants under these Regulations have been paid shall–

(a)keep such records and accounts and furnish to the Secretary of State or any person authorised by the Secretary of State for the purpose such information, documents, returns and accounts as the Secretary of State may from time to time require;

(b)open to the inspection of the Comptroller and Auditor General or any person authorised by the Secretary of State for the purpose the records and accounts kept pursuant to the requirement imposed under sub-paragraph (a) above;

(c)where grant has been paid in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof;

(d)open or cause to be opened to inspection by a person appointed by the Secretary of State for the purpose any premises managed by them at which pre-school education in respect of which the payments of grant are made is provided and afford to that person all the facilities he requires for making his inspection;

(e)make available to any person requiring it such information relating to pre-school education in respect of which the payments of grant are made as the Secretary of State may from time to time require; and

(f)secure that no child for whom pre-school education is provided in respect of which the payments of grant are made is given corporal punishment by any person employed in, or in connection with, the provision of such education.

(2) Any education authorities, managers of schools and other persons to whom grants under these Regulations have been paid shall comply with such additional requirements (including requirements as to repayment of grant) as may be determined by the Secretary of State in the case in question.

(3) Subject to paragraph (4), the reference in paragraph (1)(f) to giving corporal punishment is a reference to doing anything for the purposes of punishing the child concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute physical assault upon the person.

(4) A person is not to be taken for the purposes of paragraph (1)(f) as giving corporal punishment by virtue of anything done for reasons which include averting an immediate danger of personal injury to, or an immediate danger to property of, any person (including the child concerned).

Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th July 1996

Explanatory Note

(This note is not part of the Regulations)
These Regulations enable the Secretary of State to pay grants in respect of the provision of pre-school education in the school year 1996/97 in certain areas of Scotland, namely North Ayrshire, East Renfrewshire and parts of Argyll and Bute and Highland local government areas. Grants can be paid to the relevant education authorities or to managers of schools or other persons approved by the Secretary of State. The areas concerned are ones in respect of which the education authorities have chosen to participate in a trial of funding arrangements relating to pre-school education which do not apply in other areas, and which appear to the Secretary of State suitable for such a trial. Grants can also be paid in respect of pre-school education provided at special schools outwith these areas for children whose parent is ordinarily resident in one of these areas.

(1)
1980 c. 44; section 73(d) was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), section 73; section 74 was amended by that Act, Schedule 10, paragraph 8(17).