The Education (Student Support) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/52 |
| Year | 2005 |
2005 No. 52
EDUCATION, ENGLAND AND WALES
EDUCATION, NORTHERN IRELAND
The Education (Student Support) Regulations 2005
Made 13th January 2005
Laid before Parliament 26th January 2005
Coming into force 1st March 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred upon her by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 19981, hereby makes the following Regulations:
PART 1
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Education (Student Support) Regulations 2005 and shall come into force on 1st March 2005.
(2) Subject to paragraph (3), these Regulations extend to England and Wales only.
(3) Regulation 28(2) extends to Northern Ireland.
Interpretation
2.—(1) In these Regulations—
“the 1962 Act” means the Education Act 19622;
“the 1998 Regulations” means the Education (Student Support) Regulations 19983;
“the 1999 Regulations” means the Education (Student Support) Regulations 19994;
“the 2000 Regulations” means the Education (Student Support) Regulations 20005;
“the 2001 Regulations” means the Education (Student Support) Regulations 20016;
“the 2002 Regulations” means the Education (Student Support) Regulations 20027;
“the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 20028as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 20039and the Education (Student Fees and Support) (Switzerland) Regulations 200310;
“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200411, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 200412, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 200413, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 200414and the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200515;
“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;
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“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;
“the Act” means the Teaching and Higher Education Act 1998;
“borrower” means a person to whom a loan has been made;
“contribution” means an eligible student’s contribution calculated pursuant to regulation 29 and Schedule 5;
“designated course” means a course designated by regulation 5 or by the Secretary of State under regulation 5;
“designated part-time course” means a course designated by regulation 35 or by the Secretary of State under regulation 35;
“designated postgraduate course” means a course designated by regulation 47 or by the Secretary of State under regulation 47;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 199216as adjusted by the Protocol signed at Brussels on 17th March 199317;
“EEA migrant worker” has the meaning given in paragraph (5);
“electronic signature” is so much of anything in electronic form as—
(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
“eligible part-time student” has the meaning given in regulation 34;
“eligible postgraduate student” has the meaning given in regulation 46;
“eligible student” has the meaning given in regulation 4;
“end-on course” means—
(a) a course mentioned in paragraph 1 of Schedule 3 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a course mentioned in paragraph 2 or 3 of Schedule 3 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003 or 2004 Regulations; or
(b) a course mentioned in paragraph 4 of Schedule 3 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a course mentioned in paragraph 1 or 4 of Schedule 3 (provided that the course in paragraph 4 was a course leading to a first degree) for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003 or 2004 Regulations;
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;
“European Economic Area” means the European Community and the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;
“flexible postgraduate ITT course” means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Teacher Training Agency18;
“former Metropolitan Police District” means—
(a) Greater London, excluding the city of London, the Inner Temple and the Middle Temple;
(b) in the county of Essex, in the district of Epping Forest—
the area of the former urban district of Chigwell,
the parish of Waltham Abbey;
(c) in the county of Hertfordshire—
in the borough of Broxbourne, the area of the former urban district of Cheshunt,
the district of Hertsmere,
in the district of Welwyn Hatfield, the parish of Northaw; and
(d) in the county of Surrey—
in the borough of Elmbridge, the area of the former urban district of Esher,
the boroughs of Epsom and Ewell and Spelthorne,
in the district of Reigate and Banstead, the area of the former urban district of Banstead;
“healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 196819or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 197220;
“higher education course” means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
“Islands” means the Channel Islands and the Isle of Man;
“loan”, except where otherwise indicated, means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 200321;
“periods of work experience” means—
(a) periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;
(b) periods during which a student is employed and residing in a country whose language is one that he is studying for his course (provided that the period of residence in that country is a requirement of his course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
“public funds” means moneys provided by Parliament;
“publicly-funded” means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;
“qualified teacher” has the meaning given in section 132(1) of the Education Act 200222;
“quarter” in relation to an academic year means a period in that year—
(a) beginning on 1st January and ending on 31st March;
(b) beginning on 1st April and ending on 30th June;
(c) beginning on 1st July and ending on 31st August; or
(d) beginning on 1st September and ending on 31st December;
“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 195123as extended by the Protocol thereto which entered into force on 4th October 196724and any reference to the child of a refugee includes a reference to a step-child;
“Research Council” means any of the following research councils—
(a) Arts and Humanities Research Council,
(b) Biotechnology and Biological Sciences Research Council,
(c) Economic and Social Research Council,
(d) Engineering and Physical Sciences Research Council,
(e) Medical Research Council,
(f) Natural Environment Research Council,
(g) Particle Physics and Astronomy Research Council;
“sandwich course” has the meaning given in paragraph (6);
“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 198025granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;
“statutory award” means any...
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