Citation, commencement and application

1. —(1) These Regulations may be cited as the Charges for Music Tuition (England) Regulations 2007 and come into force on 1st September 2007.

(2) These Regulations apply only in relation to England.

Charges for music tuition

2. —(1) This regulation prescribes, for the purposes of section 451(3) of the Education Act 1996, the circumstances in which a charge may be made in relation to the provision of tuition in singing or in playing a musical instrument during school hours.

(2) Subject to regulation 3, a charge may be made in respect of tuition (whether provided individually or to a group of two or more pupils) if it is provided at the request of the pupil’s parent.

(3) For the purposes of this regulation, tuition is not “provided at the request of the pupil’s parent” if it is either—

(a) education provided in pursuance of a duty imposed by section 88 of the Education Act 2002( 2 ) (implementation of National Curriculum for England) , or

(b) education provided to a class of pupils in the second key stage( 3 ), pursuant to the Department for Education and Skills’ policy ‘Instrumental and Vocal Tuition at KS2’ ( 4 ) where the purpose of the education is to enable the pupils to decide whether they wish to receive further tuition in singing or playing any musical instrument (and if so which instrument).

3. No charge may be made in respect of a pupil who is looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989( 5 )).