The Education (Grants for Further Training of Teachers and Educational Psychologists Etc.) (Scotland) Regulations 1993

Made: 31st March 1993

Laid before Parliament: 8th April 1993

Coming into force: 29th April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 73(a), (c) and (d), 74(1) and 75 of the Education (Scotland) Act 1980([^f00001]), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Education (Grants for Further Training of Teachers and Educational Psychologists Etc.) (Scotland) Regulations 1993 and shall come into force on 29th April 1993.

• (2) In these Regulations–

• “assessors” means persons whose duties are– the provision of advice to the Secretary of State as to the suitability of projects prepared or engaged in by educational psychologists undergoing further training; and assistance in the conduct of further training of educational pychologists;

• “grant-aided special school” means a school in respect of which annual maintenance grants are paid in terms of regulation 3 of the Special Schools (Scotland) Grant Regulations 1990([^f00002]);

• “schools support staff” means persons who, not being teachers or educational psychologists, assist in the education of pupils with special educational needs or are concerned with the care and support of such pupils while at school.

Grants by the Secretary of State

2

The Secretary of State may, subject to the provisions of these Regulations, pay to–

• (a) education authorities and managers of grant-aided special schools grants of such amounts as he thinks necessary or expedient in respect of teachers, educational psychologists and schools support staff in their employment undergoing further training; and

• (b) assessors grants of such amounts as he thinks necessary or expedient in respect of performance of, and expenses incurred in connection with, their duties.

Training in respect of which grants may be paid

3

A grant described in regulation 2(a) above may be paid in respect of–

• (a) teachers, educational psychologists and schools support staff in respect of full-time or part-time training consisting of attendance at a course approved by the Secretary of State–

• (i) as suitable, or

• (ii) as part of the requirements for the award of a qualification aproved by the Secretary of State as suitable,

for the purpose of working with pupils who have special educational needs;

• (b) educational psychologists in respect of full-time or part-time training consisting of either–

• (i) the preparation of, or engagement in, a project approved as suitable by the Secretary of State, on the advice of an assessor, or

• (ii) attendance at a course which leads to, or is part of the requirements for, the award of a post-graduate degree in educational psychology.

Application for, payment of, and conditions of, grants

4

• (1) Applications for grants described in regulation 2(a) above shall be made in writing to the Secretary of State by education authorities or managers of grant-aided special schools.

• (2) Where an application for grant described in regulation 2(a) above is made in respect of a person attending a course which is part only of the requirements for the award of a qualification, any subsequent course attended by that person as part of those requirements shall be the subject of a separate application.

• (3) Payment of grants described in regulation 2(a) above shall be made to education authorities or managers of grant-aided special schools by instalments paid half-yearly in arrears.

• (4) It shall be a requirement where payment of a grant described in regulation 2(a) above has been made that if the person in respect of whom the grant is made fails to complete the course the education authority or managers of a grant-aided special school shall at the request of the Secretary of State repay to the Secretary of State the whole, or such part as the Secretary of State considers appropriate, of the grant.

• (5) Applications for grants described in regulation 2(b) above shall be made in writing to the Secretary of State by assessors within 6 months of the completion of the duties to which the applications relate and shall consist of a statement of the duties performed, the remuneration claimed in respect of those duties and the expenses of travel and subsistence incurred in connection with those duties.

• (6) It shall be a requirement where payment of a grant described in regulation 2(b) above has been made that if the assessor has not performed any duty, or has not incurred or has incorrectly stated the amount of any expense in respect of which a grant is made, the assessor shall at the request of the Secretary of State repay to the Secretary of State the whole, or such part as the Secretary of State considers appropriate, of the grant.

• (7) Assessors shall not be required to keep accounts of income and expenditure and the condition specified in section 75 (examination of accounts) of the Education (Scotland) Act 1980 shall not apply to them.

Revocations

5

The Education (Grants for Further Training of Teachers and Educational Psychologists) (Scotland) (No.2) Regulations 1987([^f00003]) and the Education (Grants for Further Training of Teachers and Educational Psychologists) (Scotland) Amendment Regulations 1987([^f00004]) are hereby revoked.

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 31st March 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for payment to education authorities and managers of grant-aided special schools of grants in respect of–

• (a) teachers, educational psychologists and schools support staff employed by them undergoing further training relevant to working with pupils who have special educational needs, and

• (b) educational psychologists employed by them undergoing further training.

Provision is made for repayment of grant in the event of failure to complete a course.

The Regulations also provide for payment of grants in respect of performance of their duties and relevant expenses to persons who act as assessors in the further training of educational psychologists and regulate the procedure for applying for such grants. Provision is made for repayment of grant where grant was improperly claimed. Assessors are not required to keep accounts of income and expenditure.

These Regulations replace the Education (Grants for Further Training of Teachers and Educational Psychologists) (Scotland) (No.2) Regulations 1987 and the Education (Grants for Further Training of Teachers and Educational Psychologists) (Scotland) Amendment Regulations 1987.

Footnotes

[^f00001]: 1980 c. 44; section 74 was amended by paragraph 17 of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).

[^f00002]: S.I. 1990/2551.

[^f00003]: S.I. 1987/644.

[^f00004]: S.I. 1987/1801.