The Education (Fees and Awards) (England) Regulations 2007

Awards by research councils [F1, UKRI] and othersE+W+S

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6.—(1) [F2Subject to paragraph (1C),] it shall be lawful for a research council or institution mentioned in Schedule 2 [F3, or UKRI,] to adopt rules of eligibility which—

(a)do not take account of regulation 2(4);

[F4(b)confine eligibility in the case of fees awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of —

(i)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E [F5, 5A], 6A, 7A, 8A, 9A, 9B, [F69BA,] 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(ii)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies; or

(c)confine eligibility in the case of maintenance awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of—

(i)paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E [F7, 5A], 6A, 7A, 8A, 9B, 10A, 11A, 12A and 13 of Schedule 1; or

(ii)paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, where paragraph (1B) applies.]

[F8(1A) This paragraph applies where—

(a)in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of that course or research beginning before 1st August 2021; and

(b)A’s eligibility for an award is being assessed in relation to that course or research.

(1B) This paragraph applies where—

(a)in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, in relation to an academic year of that course or research beginning before 1st August 2021; and

(b)A’s eligibility for an award is being assessed in relation to that course or research.

(1C) In relation to a course of education or training or the undertaking of research beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs [F98A, [F109B, 9BA and 9E] ,] of Schedule 1.]

(2) As regards paragraphs 2 and 3 of Schedule 1, the research council or institution may, in adopting rules of eligibility under paragraph (1)—

(a)confine eligibility to those persons who have been ordinarily resident in Great Britain for three years preceding the date of application for the award, or

(b)exclude from eligibility those persons who are not ordinarily resident in Great Britain, in England and Wales or in England (as the maker of the award may determine) on the date of application for the award.

(3) Where rules of eligibility confine awards to persons who are or will be ordinarily resident in part only of the United Kingdom and Islands, a person who is ordinarily resident in some other part of the United Kingdom and Islands shall not for the purposes of this regulation be considered to fall within [F11paragraph 2A, paragraph 9, paragraph 9A, paragraph 9B, [F12paragraph 9BA,] paragraph 9C, paragraph 9D or paragraph 9E] of Schedule 1.

(4) The makers of awards may adopt different eligibility rules for different classes or descriptions of awards.

Textual Amendments

F5Word in reg. 6(1)(b)(i) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 20(1)(c)

F7Word in reg. 6(1)(c)(i) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 20(1)(c)

F10Words in reg. 6(1C) substituted (with application in accordance with reg. 1(3)(g) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 21(3)