The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020

Amendment of the 2011 Regulations to remove provisions relating to part-time students starting their courses before 1st September 2012

4.—(1) The 2011 Regulations are amended as follows.

(2) In regulation 2(1)(1) (interpretation), in the definition of “end-on course”, omit paragraph (g).

(3) In Part 11 (eligibility in connection with designated part-time courses etc)—

(a) in regulation 136(2) (interpretation), omit paragraphs (1) and (1A);

(b) in regulation 138(3) (students becoming eligible for support under Part 11A during the course of the academic year)—

(i) omit paragraphs (1) and (2);

(ii) in paragraph (3), omit “In respect of courses beginning on or after 1st September 2012,”;

(c) in regulation 139(4) (designated part-time courses), in paragraph (1)—

(i) in sub-paragraph (a), omit the words from “, other than a course” to the end;

(ii) for sub-paragraph (c) substitute—

“(c) it is ordinarily possible to complete the course in not more than four times the period ordinarily required to complete the full-time equivalent;”;

(d) in regulation 139A(5) (transfer of status)—

(i) omit paragraphs (3) and (4);

(ii) in paragraph (5), for the words from “another grant” to the end substitute “another grant under regulation 147 in connection with the academic year of the course to which the student transfers,”;

(iii) omit paragraph (6);

(e) in regulation 139B (conversion of status from eligible student to eligible part-time student), in paragraph (2), for the words from “does not exceed” to the end substitute “does not exceed four times the period ordinarily required to complete the remainder of the designated course from which the student transfers.”.

(4) In Part 11A(6)—

(a) in the heading to the Part, for “Support, Grants” substitute “Loans”;

(b) in regulation 140A (interpretation), omit paragraph (1);

(c) omit regulations 141 to 143 (assistance in respect of part-time courses beginning before 1st September 2012);

(d) in regulation 144(7)—

(i) in the heading, for “support” substitute “loans”;

(ii) in paragraph (5), for “regulation 141(5)” substitute “paragraph (5A)”;

(iii) after paragraph (5) insert—

“(5A) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for the Economy pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998(8); or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(9).”;

(e) omit regulation 146 (assistance with fees in respect of attendance on a course in Wales, Northern Ireland or Scotland);

(f) in regulation 148 (applications for support), for paragraph (2) substitute—

“(2) The application must be accompanied by such documentation as the Secretary of State may require.”;

(g) in regulation 149(10) (declarations provided by academic authorities)—

(i) omit paragraphs (3) and (4);

(ii) in paragraph (5), in the words before sub-paragraph (a), omit “in respect of a course starting on or after 1st September 2012”;

(iii) in paragraph (6)(b), omit “subject to paragraph (7),”;

(iv) in paragraph (7), omit “Where a course begins on or after 1st September 2012,”.

(h) in regulation 153 (payments)—

(i) in the heading for the words from “grants” to the end substitute “disabled part-time students’ allowances”;

(ii) in paragraphs (1), (2), (3) and (4), omit “the grant for books, travel and other expenditure and”;

(iii) in paragraph (5), omit “the grant for books, travel and other expenditure or”;

(i) omit regulation 154 (payment of grants for fees);

(j) in regulation 156(11) (overpayments)—

(i) in the heading, for “of grants and allowances” substitute “of disabled part-time students’ allowances”;

(ii) omit paragraph (1);

(iii) in paragraph (2), for the words from “grant” to the end substitute “disabled part-time students’ allowance to which the student is entitled.”;

(iv) in paragraph (3), omit “grant for books, travel and other expenditure and”;

(k) in regulation 157(12) (overpayments)—

(i) in the heading, for “fee support” substitute “fee loans”;

(ii) in paragraphs (1) and (1A), for “fee loan support”, in each place it occurs, substitute “a fee loan”.

(5) In regulation 157B(13) (qualifying conditions for the loan for living costs), in paragraph (4)(b), for “141(5)” substitute “144(5A)”.

(1)

The definition of “end-on course” was amended by S.I. 2012/1653, 2015/1951 and 2018/137.

(2)

Regulation 136 was amended by S.I. 2018/472.

(3)

Regulation 138 was amended by S.I. 2018/472, 2019/142 and 2020/48. Regulation 138 is also amended by S.I. 2019/139 but those amendments are not yet in force.

(4)

There are no relevant amendments to regulation 139.

(5)

Regulations 139A and 139B were inserted by S.I. 2018/472.

(6)

Part 11A was inserted by S.I. 2018/472.

(7)

There are no relevant amendments to regulation 144.

(8)

S.I. 1998/1760 (N.I.14), to which there are amendments not relevant to these Regulations.

(9)

1980 c. 44. Section 73B was inserted by the 1998 Act, section 29(2). There are other amendments to the 1980 Act which are not relevant to these Regulations.

(10)

Regulation 149 was amended by S.I. 2012/1652 and S.I. 2018/472.

(11)

Regulation 156 was amended by S.I. 2015/1951.

(12)

Regulation 157 was amended by S.I. 2012/1653 and S.I. 2015/1951.

(13)

Regulation 157B was inserted by S.I. 2018/472. There are no relevant amendments to regulation 157B.