Education (Mandatory Awards) Regulations 1985
| Jurisdiction | UK Non-devolved |
1985 No. 1126
EDUCATION, ENGLAND AND WALES
The Education (Mandatory Awards) Regulations 198522ndJuly 1985
26thJuly 1985
1stSeptember 1985
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. Students provided with free board and lodging.
25. Method of payment.
26. Discretionary payments.
27. Withholding and reduction of payments.
SCHEDULES
Schedule 1. Fees.
Schedule 2. Requirements.
Schedule 3. Resources.
Schedule 4. Widows, widowers, divorced and separated persons.
Schedule 5. Sandwich courses.
The Secretary of State for Education and Science, 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), hereby makes the following Regulations:—
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Mandatory Awards) Regulations 1985 and shall come into operation on 1st September 1985.
Definitions
2. In these Regulations, unless the context otherwise requires—
"academic authority" means, in relation to an establishment, 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 an award bestowed under previous Awards Regulations;
"British Islands" means the United Kingdom, the Channel Islands and the Isle of Man;
"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;
"dependent" means wholly or mainly financially dependent;
(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.
"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;
"establishment" means a university or establishment of further education in the United Kingdom, and "establishment of further education" excludes a university;
"European Community" means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
"high-cost country" means Austria, Belgium, Denmark, Federal Republic of Germany, Finland, France, Japan, Netherlands, Norway, Sweden, Switzerland or the United States of America;
"independent student" has the meaning assigned to it by Regulation 3;
"maintenance grant" … . has the meaning assigned to it by Regulation 17;
"national of a member state of the European Community" means a person who is a national for the purposes of the Community Treaties of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time;
"period 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 the Regulations revoked by Regulation 6 and any Regulations made but revoked under section 1 of the Education Act 1962 before the coming into operation 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 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) or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty's government though not so recognised, and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the refugee is the mother or in whose case the refugee has admitted paternity or been adjudged the putative father;
"statutory award" means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award or grant 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
(a) Cmd. 9171.
(b) Cmd. 3906 (Out of print: photocopies are available, free of charge, from Schools 1 Branch Department of Education and Science, Room 3/65, Elizabeth House, York Road, London SE1 7PH.).
beginning on 1st January, 1st April or 1st September according as the academic year of the course in question begins in the spring, the summer or the autumn respectively; and references to the first year of a designated course shall be construed accordingly.
References to independent students
3.— (1) In these Regulations "independent student" means a student who either—
(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.
(2) For the purposes of paragraph (1) 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 Manpower Services Commission's Training Opportunities Programme, Youth Opportunities Programme, or Youth Training Scheme; or
(b) the student was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975(a); or
(c) before 24th November 1980 (when Schedule 2 to the Social Security Act 1980(b) came into force), the student was registered for employment; or
(d) on and after that date but before 18th October 1982, the student was registered and available for employment; or
(e) on and after 18th October 1982, the student was available for employment and, if under the age of 18 years, registered for employment; or
(f) the student held a State Studentship or comparable award; or
(g) the student received sickness benefit, invalidity pension, severe disablement allowance or maternity allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975 as originally enacted or as amended(c); or
(h) 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 to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976(d);
(a) 1975 c.14.
(b) 1980 c.30.
(c) Section 36 was substituted by section 11 of the Health and Social Security Act 1984 (c.48).
(d) 1976 c.71, amended by Schedule 2 to the Social Security Act 1980.
(b) any reference to an enactment contained in the Supplementary Benefits Act 1976 or the Social Security Act 1975 is a reference to that enactment as from time to time in force and includes, in relation to a period before the coming into force of the enactment in question, a reference to the corresponding enactment then in force.
References to courses
4.— (1) In these Regulations any reference to a designated course shall be construed as a reference to a course prescribed as such by or under Regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one prescribed under Regulation 10(1)(d)(ii) or (iii), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
(2) In these Regulations any reference to a first degree course, a Dip HE course, a course of initial training for teachers, a course comparable to a first degree course or an international course shall be construed in accordance with Regulation 10.
(3) In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
(4) In these Regulations any reference to a course of advanced further education is a reference to a course such as is listed in paragraph (2) of Schedule 2 to the Education (Schools and Further Education) Regulations 1981(a).
General construction and interpretation
5.— (1) In these Regulations references to payments made to a student include references to payments made to the academic authority in respect of the student by virtue of Regulation 25(2).
(2) In calculating a person's income for any year any reduction for income tax is to...
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