The Education (Student Support) (Northern Ireland) Order 1998 (Commencement and Transitional Provisions) Order (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 1st September 1998 the provisions of the Education (Student Support) (Northern Ireland) Order 1998 specified in Article 2. These provisions all relate to the repeal of the Education (Student Loans) (Northern Ireland) Orders 1990, 1996 and 1998 (“the repealed Orders”).

Transitional and saving provisions are made in respect of loans made under the repealed Orders, the making of loans under those Orders to students attending certain courses, and the loans which are so made (Article 3).

Students who hold old awards under the Students Awards Regulations (Northern Ireland) 1998 (as prospectively amended), and those who would be eligible for such awards if an application were made, will continue to be eligible for loans (“old style loans”) under the Education (Student Loans) (Northern Ireland) Order 1990 (Article 4(a)).

The same will apply to students on courses referred to in Schedule 1 to the Education (Student Loans) (Northern Ireland) Order 1990 which began before 1st September 1998 (Article 4(b)); and to students on “end on courses” (namely first degree or Scottish HND courses) or PGCE courses (postgraduate courses for the initial training of teachers), which the student attends immediately after other courses which began before 1st September 1998 (Article 4(f)(i) and (g)(i)).

Students who attend courses beginning between 1st September 1998 and 1st September 1999 who have taken a gap year, or were unable to take up the offer of a place on an earlier course due to illness, or who have successfully appealed about their examination results, will also continue to be eligible for old style loans (Article 4(c), (d) and (e)). This will also apply where such students attend an end on or PGCE course immediately afterwards (Article 4(f)(ii) and (g)(ii)).

Article 5 provides that where students transfer between courses, the date of commencement of the year of the first course is to be regarded as the date of commencement of the first year of the second (or further) course.

Article 6 excludes from paragraphs (b) to (g) of Article 4 any course for which the student holds an old award or a transitional award under Article 50(1) of the 1986 Order (or for which the student would be eligible if an application were made), since a student who holds or is eligible for an old award would be covered by paragraph (a) of Article 4, and a student who holds or is eligible for a transitional award is not intended to be eligible for an old style loan.