Education (Mandatory Awards) (No. 2) Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2914 |
| Year | 1993 |
1993No. 2914
EDUCATION, ENGLAND AND WALES
The Education (Mandatory Awards) (No. 2) Regulations 1993
26thNovember1993
30thNovember1993
1stSeptember1994
ARRANGEMENT OF REGULATIONS
PART I
General
1. Citation and commencement
2. Definitions
3. References to independent students
4. References to courses
5. General construction and interpretation
6. Revocations and transitional provisions
PART II
Awards
7. Duty to bestow an award
8. Modification of provisions for determining ordinary residence
9. No area students
10. Designated courses
11. Conditions
12. Exceptions relating to attendance at previous courses
13. Other exceptions
14. Transfer of awards
15. Termination of awards
16. Supplementary provisions
PART III
Payments
17. Payments
18. Calculation of maintenance grant
19. Assessment of requirements and resources
20. Sandwich courses
21. Members of religious orders
22. Courses of teacher training
23. Assisted students
24. Method of payment
25. Discretionary payments
26. Withholding and reduction of payments
SCHEDULES
1. Fees
2. Requirements
3. Resources
4. Single students with dependants
5. Sandwich courses
The Secretary of State for Education, in exercise of the powers conferred by sections 1 and 4(2) of, and paragraphs 3 and 4 of Schedule 1 to, the Education Act 1962 ( a), section 3(1) and (3) of the Education Act 1973 ( b), and section 2(2) of the European Economic Area Act 1993 ( c), hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Mandatory Awards) (No. 2) Regulations 1993 and shall come into force on 1st September 1994.
Definitions
2. In these Regulations, unless the context otherwise requires-
"academic authority" means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
"authority" means a local education authority;
"award" includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations;
(a) 1962 c.12: the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c.20); section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c.11), section 4.
(b) 1973 c.16.
(c) 1993 c.51.
"British Islands" means the United Kingdom, the Channel Islands and the Isle ofMan;
"Certificate in Education" includes a Teacher's Certificate;
"course", "designated course", "sandwich course" and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
"degree" means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
"dependent" means wholly or mainly financially dependent;
"employment" means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and "employed" shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
"EEA Agreement" means the Agreement on the European Economic Areasigned at Oporto on 2nd May 1992 ( a) as adjusted by the Protocol signed at Brussels on 17th March 1993 ( b);
"European Community" means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
"European Economic Area" means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;
"European student" means a person who is a national of a member state of the European Community or the child of such a national and has been ordinarily resident within the relevant territory throughout the period of three years before the commencement of his course, but who is not entitled to a full award by virtue of regulation 7;
"fees only award" means an award bestowed only in respect of fees described in Schedule 1;
"full award" means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
"highest-cost country" means Denmark, Finland,Japan, Norway, Sweden, Switzerland and Taiwan;
"higher-cost country" means Austria, Belgium, Hong Kong, Iceland, France ,… the Federal Republic of Germany, and the Republic of Korea;
"high-cost country" means Australia, Canada, Indonesia, the Republic of Ireland, Israel, Italy, Luxembourg, the Netherlands, countries of the former Soviet Union, Spain and the United States of America;
"independent student" has the meaning assigned to it by regulation 3;
"institution" means a university, institution of higher education or institution of further education in the United Kingdom;
"maintenance grant" has the meaning assigned to it by regulation 17;
"overseas institution" means an educational institution in a country outside the United Kingdom providing further or higher education or both;
"periods of experience", "prescribed proportion" and "sandwich year", in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
"previous Awards Regulations" means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
"refugee" means a person who is recognised by Her Majesty's Government as a refugee within the meaning of the United Nations Convention relating to the Status
(a) Cmnd. 2073.
(b) Cmnd. 2183.
of Refugees done at Geneva on 28th July 1951 ( a) as extended by the Protocol thereto which entered into force on 4th October 1967 ( b) and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
"relevant territory" means the territory comprising theEuropean Economic Area and, as respects any period prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;
"statutory award" means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course which is paid out of moneys provided by Parliament;
"student" means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
"university" means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
"year", in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the firstor the final year of a designated course shall be construed accordingly.
References to independent students
3.-(1) In these Regulations "independent student" means a student who-
(a) has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
(b) has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
(c) has been married for at least two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
(d) has no parent living.
(2) For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which-
(a) the student was in receipt of training in pursuance of the Training Opportunities Programme, the Youth Opportunities Programme, the Youth Training Scheme of the manpower Services Commission or the Training Commission as the case may be or any scheme run by the Training and Enterprise Councils or the Local Enterprise Companies; or
(b) the student was in receipt of unemployment benefit under… section 25(1) of the Social Security Contributions and Benefits Act 1992 ( c); or
(c) the student was available for employment and, if under the age of 18 years, registered for employment; or
(d) the student held a State Studentship or comparable award; or
(e) the student received sickness benefit… under section 31(1), maternity allowance… under section 35(1), severe disablement allowance… under section 68(1), invalidity pension… under section 33(1)(b), 40(3) or 41(2), statutory sick pay… under Part XI, or statutory maternity pay… under Part XII, of the Social Security Contributions and Benefits Act 1992; or
(f) the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
(3) In this regulation-
(a) any reference to a person registered or available for employment is a reference reference
(a) Cmnd. 9171.
(b) Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Further and Higher Education Branch 3, Room 1A5, the Department for Education, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT).
(c) 1992 c.4.
to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976 ( a)… or section 124 of the Social Security Contributions and Benefits Act 1992; and
(b) "parent" shall have the same meaning as in Part II of Schedule 3 to these Regulations.
References to courses
4.-(1) In these Regulations any reference to a designated course shall be construed as a...
To continue reading
Request your trial