Education (Teacher Student Loans) (Repayment etc.) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/1917

2003 No. 1917

EDUCATION, ENGLAND AND WALES

Education (Teacher Student Loans) (Repayment etc.) Regulations 2003

Made 21th July 2003

Laid before Parliament 29th July 2003

Coming into force 1st September 2003

In exercise of the powers conferred on the Secretary of State by sections 186 and 210 of the Education Act 20021, the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and application
S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Teacher Student Loans)(Repayment etc.) Regulations 2003 and shall come into force on 1st September 2003.

(2) These Regulations shall apply to England and Wales.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations:

“1990 Act” means the Education (Student Loans) Act 19902;

“1998 Act” means the Teaching and Higher Education Act 19983;

“basic skills” means literacy, numeracy and English as a second language;

“commencement date” means the date that an eligible teacher becomes eligible for repayment or reduction of amounts in respect of loans in accordance with these Regulations for the first time, or 1st September 2002, whichever is the later;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19924as adjusted by the Protocol signed at Brussels on 17th March 1993 and amended by the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 20025;

“eligible employment” has the meaning given by regulation 4;

“eligible teacher” means a person whom the Secretary of State has determined is eligible for repayment or reduction of amounts in respect of loans in accordance with these Regulations;

“employment” means employment under a contract of service and related words shall be construed accordingly;

“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 Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confederation;

“FE teaching qualification” means a qualification a teacher is required to hold under the Further Education Teachers' Qualifications (England) Regulations 20016or the Further Education Teachers' Qualifications (Wales) Regulations 20027;

“FE teaching qualification course” has the same meaning as “relevant course” in regulation 4 of the Further Education Teachers' Qualifications (England) Regulations 2001 and the Further Education Teachers' Qualifications (Wales) Regulations 2002;

“full-time” employment is full-time if the contract of employment so provides;

“further education” has the meaning given by section 2 of the Education Act 19968;

“income contingent loan” has the meaning given by regulation 7;

“institution within the further education sector” has the same meaning as in section 91 of the Further and Higher Education Act 19929;

“institution within the higher education sector” has the same meaning as in section 91 of the Further and Higher Education Act 1992;

“management position” means—

(a) in relation to a teacher at a school, the position of head teacher, deputy head teacher or assistant head teacher; and

(b) in relation to a teacher at any other relevant institution, an equivalent position;

“mortgage style loan” has the meaning given by regulation 7;

“non-maintained special school” means a special school which is not maintained by a local education authority;

“outstanding” means outstanding on the commencement date;

“parental responsibility” has the same meaning as in section 3 of the Children Act 198910;

“part-time” employment is part-time if the contract of employment requires the employee to work for less than the whole of the working week;

“primary school” has the same meaning as in section 5 of the Education Act 199611;

“primary specialist” means a teacher at a primary school who is employed to teach one or more shortage subjects to classes or groups other than his own;

“relevant institution” means an institution mentioned in regulation 4(1)(a);

“school” means a school maintained by a local education authority, a non-maintained special school or a school established and maintained under an agreement pursuant to section 482 of the Education Act 199612;

“school maintained by a local education authority” means a community school, foundation school, voluntary school, community special school, foundation special school or pupil referral unit;

“shortage subjects” means mathematics, science, design and technology, information and communications technology, any modern language, Welsh, English (including drama), engineering, construction and basic skills;

“specialist college” means an educational institution which provides further education for persons with learning difficulties or disabilitieswhich is in receipt of funding from the Learning and Skills Council for England13or the National Council for Education and Training for Wales14;

“special school” has the meaning given by section 337 of the Education Act 199615; and

“student loan” has the meaning given by regulation 7.

(2) For the purposes of these Regulations an area which—

(a)

(a) was previously not part of the European Economic Area, but

(b)

(b) at any time before or after these Regulations come into force has become part ofthat areashall be considered to have always been part of that area.

(3) For the purposes of these Regulations any reference to an “employer” in relation to a teacher working at a community, community special or voluntary controlled school is a reference to the governing body of that school.

Eligibility
S-3 Eligibility

Eligibility

3.—(1) Subject to paragraph (3), a person shall be eligible for the reduction of amounts payable in respect of loans if he—

(a)

(a) is in eligible employment;

(b)

(b) is a person mentioned in regulation 5; and

(c)

(c) has an outstanding loan made pursuant to any regulations made under section 22 of the 1998 Act.

(2) Subject to paragraph (3), a person shall be eligible for the repayment of amounts payable in respect of loans if he—

(a)

(a) is in eligible employment;

(b)

(b) is a person mentioned in regulation 5; and

(c)

(c) has either:

(i) an outstanding mortgage style loan;

(ii) an outstanding loan made pursuant to any regulations made under section 73 of the Education (Scotland) Act 198016; or

(iii) an outstanding loan made pursuant to the Education (Student Support) (Northern Ireland) Order 199817.

(3) Notwithstanding paragraphs (1) and (2), the Secretary of State may determine that a person is not eligible for the repayment or reduction of amounts in respect of loans if he—

(a)

(a) is in breach of any obligation contained in any agreement for a student loan or in any regulations or order under which a loan mentioned in paragraph (2) is made;

(b)

(b) has outstanding charges or penalties in relation to such a loan pursuant to any such agreement, regulation or order; or

(c)

(c) has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to be so eligible.

Eligible employment
S-4 Eligible employment

Eligible employment

4.—(1) A person is in eligible employment if he—

(a)

(a) is employed to work as a teacher at—

(i) an institution within the further education sector,

(ii) an institution within the higher education sector, or

(iii) a specialist college,

in England or Wales;

(b)

(b) is employed under a permanent contract or a fixed-term contract of employment for a period of at least 8 continuous weeks with a relevant institution or a local education authority;

(c)

(c) subject to paragraphs (2) and (3), is employed under a contract of employment which commenced on or after 1st July 2002 and before 1st July 2005;

(d)

(d) in relation to employment as a teacher at a primary school, is employed for at least half his teaching time as a primary specialist;

(e)

(e) in relation to employment at a school other than a primary school, is employed for at least half his teaching time to teach one or more shortage subjects; and

(f)

(f) in relation to employment at an institution other than a school, is employed for at least half his teaching time to teach one or more shortage subjects in further education.

(2) Subject to paragraphs(3) and (5) and regulation 6, a person shall cease to be in eligible employment where he changes employer.

(3) A person remains in eligible employment where—

(a)

(a) he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph (1)(c);

(b)

(b) he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph(1)(c),(d),(e)and(f)and he works in a management position;

(c)

(c) he ceases to teach a shortage subject for a period of not more than 12 months in any continuous period of 24 months and continues to teach at the same relevant institution, and his employer certifies that this cessation is in the interests of the relevant institution; or

(d)

(d) he is employed at a specialist college which ceases to be funded by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(4) Paragraph (1)(c) shall not apply to any further eligible employment an eligible teacher obtains in addition to his existing eligible employment.

(5) A person does not remain in eligible employment for the purposes of paragraph (3) (a) and (b) if—

(a)

(a) he changes his employer and that change results in a break of more than 7 days between his ceasing one eligible employment and commencing another, or

(b)

(b) he changes his employer and that change results in his ceasing to work as a teacher qualified to teach at an institution within the further education...

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