The Education (Fees and Awards) (Amendment) (England) Regulations 2000

Statutory Instruments

2000 No. 2192

EDUCATION, ENGLAND

The Education (Fees and Awards) (Amendment) (England) Regulations 2000

Made

9th August 2000

Laid before Parliament

11th August 2000

Coming into force

1st September 2000

In exercise of the powers conferred on the Secretary of State by section 2 of the Education (Fees and Awards) Act 1983(1), the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Education (Fees and Awards) (Amendment) (England) Regulations 2000 and shall come into force on 1st September 2000.

(2) These Regulations shall apply only in relation to England.

Amendment of the Education (Fees and Awards) Regulations 1997

2.—(1) The Education (Fees and Awards) Regulations 1997(2) shall be amended as follows.

(2) In regulation 2(1) for the definition of “relevant date” there shall be substituted—

• ““relevant date” has the meaning assigned to it in regulations 4, 5, 6, 6A and 7.”

(3) In regulation 2(5) for “regulations 6 and 7” there shall be substituted “ regulations 6, 6A and 7”.

(4) After regulation 6, there shall be inserted the following regulation—

“Payments by the Teacher Training Agency and eligible institutions

6A.— (1) It shall be lawful for the Teacher Training Agency established under section 1 of the Education Act 1994(3) to adopt rules of eligibility for awards (however described) in respect of a student’s training as a teacher by an institution to which it makes grants, loans or other payments for that purpose under section 5 of the Education Act 1994 which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.

(2) It shall be lawful for an eligible institution within the meaning of section 4(2) of the Education Act 1994 to which grants, loans or other payments are made by the Teacher Training Agency for the purpose described in paragraph (1) above to adopt rules of eligibility for awards (however described) which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.

(3) For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.”

Jacqui Smith

Parliamentary Under Secretary of State,

Department for Education and Employment

9th August 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 2 of the Education (Fees and Awards) Act 1983, amend the Education (Fees and Awards) Regulations 1997 to make it lawful for the Teacher Training Agency and institutions funded by it under s.5 of the Education Act 1994 to adopt rules of eligibility for awards to students training to become teachers which confine eligibility to persons having the connection with the United Kingdom specified in paragraphs 1, 2 and 5 to 8 of the Schedule to those Regulations. Those persons are those who are settled in the United Kingdom within the meaning of the Immigration Act 1971 and who have been ordinarily resident in the United Kingdom and Islands other than for the purpose of receiving full-time education for the period of three years before the relevant date specified in regulation 6A(3); refugees; nationals of member states of the European Community and their children who have been ordinarily resident in the European Economic Area (EEA) other than for the purposes of receiving full-time education for three years; and EEA migrant workers, their spouses and children, who have been ordinarily resident in the EEA other than for the purposes of receiving full-time education for three years.

(1)

1983 c. 40. Section 2(3)(a) and the word “other” in paragraph (b) were repealed, with effect from 1st January 1999, by s.44(2) of and Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30). By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by this provision are exercisable by the Secretary of State only in relation to England.

(2)

S.I. 1997/1972, amended by S.I. 1998/1965 and S.I. 1999/229.

(3)

1994 c. 30.