Education (Teacher Student Loans) (Repayment etc.) Regulations 2002

Interpretation

2.—(1) In these Regulations:

“1990 Act” means the Education (Student Loans) Act 1990(1);

“1998 Act” means the Teaching and Higher Education Act 1998(2);

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(3) as adjusted by the Protocol signed at Brussels on 17th March 1993(4);

“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;

“employment commencement date” means the date that an eligible teacher commences eligible employment for the first time or 1st September 2002 whichever is the later;

“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 2001(5) or the Further Education Teachers' Qualifications (Wales) Regulations 2002(6);

“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 1996;

“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 1992;

“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 employment commencement date;

“parental responsibility” has the same meaning as in section 3 of the Children Act 1989(7);

“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 1996;

“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 1996(8);

“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 and construction;

“specialist college” means an educational institution which provides further education for persons with learning difficulties and/or disabilities and is in receipt of funding from the Learning and Skills Council for England(9); or the National Council for Education and Training for Wales(10);

“special school” has the meaning given by section 337 of the Education Act 1996(11); and

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

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

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

(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas

shall be considered to have always been part of the European Economic 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 shall mean a reference to the governing body of that school.

(1)

1990 c. 6, amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c. 30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3. The entire Act was repealed on 13th August 1998 by the 1998 Act, section 44(2) and Schedule 4, subject to saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998/2004). The saving provisions include provision for making subordinate legislation after the date of the repeal.

(2)

1998 c. 30.

(3)

Cmnd 2073.

(4)

Cmnd 2183.

(5)

S.I. 2001/1209.

(6)

S.I. 2002/1663 (W. 158).

(7)

1989 c. 41.

(8)

As substituted by section 65 of the Education Act 2002.

(9)

As established by section 1 of the Learning and Skills Act 2000 (c. 21).

(10)

As established by section 30 of the Learning and Skills Act 2000.

(11)

As substituted by section 140(1) and paragraph 80 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31).