Education (Student Loans) (No.2) Regulations 1993
| Jurisdiction | UK Non-devolved |
1993No. 2915
EDUCATION, ENGLAND AND WALES
EDUCATION, SCOTLAND
The Education (Student Loans) (No.2) Regulations 1993
29thNovember1993
30thNovember1993
1stAugust1994
In exercise of the powers conferred by section 1(2) and (7) of and paragraphs 1, 2 and 3 of Schedule 2 to the Education (Student Loans) Act 1990 ( a), and by section 2(2) of the European Economic Area Act 1993 ( b), the Secretary of State for Education, as respects England and Wales, and the Secretary of State for Scotland, as respects Scotland, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Education (Student Loans) (No.2) Regulations 1993 and shall come into force on 1st August 1994.
Revocation
2. The Education (Student Loans) Regulations 1993 ( c) and the Education (Student Loans) (Amendment) Regulations 1993 ( d) are hereby revoked.
Interpretation
3.-(1) In these Regulations, except where the context otherwise requires-
"accelerated course" means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration or a course for the degree of BA(Hons.) with Qualified Teacher Status awarded by St Martin's College, Lancaster;
"the Act" means the Education (Student Loans) Act 1990;
"borrower" means a person to whom a loan has been made;
"eligible" means eligible for the purposes of section 1 of the Act read with regulation 4 and the Schedule to these Regulations;
"full-time course" means a sandwich course or a course-
(a) which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere)-
(a) 1990 c. 6; section 1(3)(a) was amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67; section 1(3)(b) and paragaph 2 of Schedule 2 were amended by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3) respectively.
(b) 1993 c. 51.
(c) S.I. 1993/1214.
(d) S.I. 1993/1620.
(i) in the case of a course of one academic year's duration, for a period of at least 24 weeks; and
(ii) in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
(b) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
"loan" means a loan (whether made before or after the coming into force of these Regulations) towards a student's maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
"loans administrator" means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
"periods of work experience" means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
"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) 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; and
"sandwich course" means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
(2) For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
(3) In these Regulations any reference to a reg ulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Conditions of eligibility
4.-(1) A student attending a course of higher education of at least one academic year's duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1994 if-
(a) his course of study during that academic year forms part or all of-
(i) a full-time course; or
(ii) a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ( a); and
(a) Cmnd. 9171.
(b) Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Further and Higher Education Branch 3, Awards, Department for Education, Corporation House, c/o Mowden Hall, Staindrop Road, Darlington DL3 9BG or Awards Branch, Scottish Office Education Department, Gyleview House, 3 Redheughs Rigg, South Gyle, Edinburgh EH12 9HH).
(c) 1962 c. 12; the Regulations in force at the date these Regulations are made are the Education (Mandatory Awards) Regulations 1993 (S.I. 1993/1850).
(b) (i) he satisfies the conditions prescribed in the Schedule to these Regulations; or
(ii) in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students' Allowances (Scotland) Regulations 1991 ( a); or
(iii) before the commencement of or at any time during that academic year he has been recognised as a refugee and from that time he has been ordinarily resident in the British Islands, or is the spouse or child of such a person; and
(c) the loans administrator has received the certified eligibility form referred to in regulation 13(2)(g)or (3)(d) in connection with his application for the loan; and
(d) he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course-
(i) because he has completed it on a date earlier than that specified by him in the eligibility form referred to in regulation 13(2)(d)and (3)(a); or
(ii) otherwise than because he has completed it; and
(e) he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the administrator in respect of repayments of the loan from that account; and
(f) he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
(g) he is not a person to whom paragraph (2) applies.
(2) This paragraph applies to a person who-
(a) before the date on which the course begins has attained the age of fifty years; or
(b) is attending a course leading to registration in Part 12, 13, 14 or 15 of the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 ( b) and is eligible to receive payment of a bursary or salary out of funds paid by the Secretary of State under section 97 of the National Health Service Act 1977 ( c) or section 85(1) of the National Health Service (Scotland) Act 1978 ( d); or
(c) in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ( e); or
(d) is studying for the Postgraduate Certificate in Education as a participant in arrangements made by a local education authority for the training of teachers known as the "Articled Teachers Scheme"; or
(e) is in breach of any obligation contained in any agreement for a loan; or
(f) subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.
(3) In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (f) of paragraph (2) shall apply only if-
(a) the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and
(b) that agreement was made-
(i) with the concurrence of the borrower's curator; or
(ii) at a time when the borrower had no curator.
(4) A student shall not be eligible for a loan in relation to more than one academic year or more than one course beginning in any period of twelve months beginning on 1st August in any year.
(a) S.I. 1991/1522.
(b) 1979 c. 36.
(c) 1977 c. 49; section 97 was substituted by section 6(1) of the Health Services Act 1980 (c. 53) and amended by section 6(1) of, and paragraph 9 of Schedule 3 to, the Health and Social Security Act 1984 (c. 48), section 16(1) of the Health and Medicines Act 1988 (c. 49) and section 19 of the National Health Service and Community Care Act 1990 (c. 19).
(d) 1978 c. 29; section 85(1) was substituted by section 6 of the Health Services Act 1980 (c. 53).
(e) S.I. 1992/580.
Designation of courses by Secretary of State
5. For the purposes of section 1 of the Act the...
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