The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017

Amendment of regulation 3

3.—(1) Regulation 3 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) after the definition of “the 2011 Welsh Regulations”, insert—

““the 2016 Postgraduate Regulations” means the Education (Postgraduate Master’s Degree Loans) Regulations 2016(1);

“the 2017 Postgraduate Wales Regulations” means the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017(2);”;

(b) in the definition of “the Authority”, in paragraphs (a) and (b)—

(i) after “student loan”, insert “or a postgraduate master’s degree loan”;

(ii) omit from “pursuant” to “Act”;

(c) for the definition of “borrower”, substitute—

““borrower” means—

(a)

a student loan borrower; or

(b)

a postgraduate master’s degree loan borrower;”;

(d) in the definition of “loan purchaser”, after “student loans”, insert “or postgraduate master’s degree loans”;

(e) after the definition of “post-2012 student loan”, insert—

““postgraduate master’s degree loan” means the total outstanding—

(a)

principal owed by a person to the Authority pursuant to—

(i)

Part 1 of the 2016 Postgraduate Regulations, or

(ii)

Part 4 of the 2017 Postgraduate Wales Regulations, and

(b)

interest, penalties and charges owed by a person to the Authority pursuant to these Regulations in connection with the 2016 Postgraduate Regulations or the 2017 Postgraduate Wales Regulations,

excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meaning given to it in regulation 7;

“postgraduate master’s degree loan borrower” means a person—

(a)

to whom the Authority has lent money in respect of a postgraduate master’s degree loan; and

(b)

who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;”;

(f) in the definition of “repayment”, at the end, insert “or a postgraduate master’s degree loan”;

(g) in the definition of “repayment threshold”(3), after paragraph (b), insert—

“(c) in relation to a postgraduate master’s degree loan, has the meaning given to it in regulation 29(8);”;

(h) for the definition of “student loan”, substitute—

““student loan” means the total outstanding principal, interest, penalties and charges owed by a person—

(a)

to the Secretary of State, pursuant to—

(i)

these Regulations, other than any interest, penalties and charges owed in connection with the 2016 Postgraduate Regulations, and

(ii)

any other Regulations made under section 22 of the 1998 Act, other than the 2016 Postgraduate Regulations,

(b)

to the Welsh Ministers, pursuant to—

(i)

these Regulations, other than any interest, penalties and charges owed in connection with the 2017 Postgraduate Wales Regulations, and

(ii)

any other Regulations made under section 22 of the 1998 Act, other than the 2017 Postgraduate Wales Regulations,

excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meanings given to it in regulations 6 and 7;”;

(i) after the definition of “student loan”, insert—

““student loan borrower” means a person—

(a)

to whom the Authority has lent money in respect of a student loan, and

(b)

who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled,

and also has the meaning given to it in regulation 6;”.

(3) In paragraph (2)(4), after “the 1998 Act” the first time it appears, insert “, other than the 2016 Postgraduate Regulations or the 2017 Postgraduate Wales Regulations”.

(1)

S.I. 2016/606, amended by S.I. 2016/668.

(2)

S.I. 2017/523 (W. 109), amended by S.I. 2017/712 (W. 169).

(3)

The definition of “repayment threshold” was inserted by S.I. 2011/784 and was subsequently substituted by S.I. 2012/1309.

(4)

Paragraph (2) was inserted by S.I. 2012/1309 and was subsequently amended by S.I. 2013/607.