Students Awards (Amendment) Regulations (Northern Ireland) 2005

Citation, commencement and interpretation N.I.

1.  These Regulations may be cited as the Students Awards (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 20th November 2005 and shall have effect on and from 1st September 2005.

Commencement Information

I1 Reg. 1 in operation at 20.11.2005 with effect in accordance with reg. 1

2.  In these Regulations, “the Principal Regulations” means the Students Awards Regulations (Northern Ireland) 2003(1).

Commencement Information

I2 Reg. 2 in operation at 20.11.2005 with effect in accordance with reg. 1

Revocation N.I.

3.  The following provisions of the Students Awards (Amendment) Regulations (Northern Ireland) 2004(2) are hereby revoked—

(a) regulation 7; and

(b) the Schedule.

Commencement Information

I3 Reg. 3 in operation at 20.11.2005 with effect in accordance with reg. 1

Amendment of the Principal Regulations N.I.

4.  The Principal Regulations shall be amended as provided by regulations 5 to 17.

Commencement Information

I4 Reg. 4 in operation at 20.11.2005 with effect in accordance with reg. 1

5.—(1) Regulation 2 (Interpretation) shall be amended as provided by paragraphs (2) to (9).

(2) Before the definition of “academic authority” there shall be inserted—

““the 2005 Act” means the Education Act 2005(3);”.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For paragraph (a) of the definition of “course of initial teacher training” there shall be substituted—

“(a) a full-time course for the initial teacher training of teachers (other than a course for the degree of Bachelor of Education) provided—

(aa) by a publicly funded institution; or

(bb) where a private institution is a training provider within the meaning of section 78 of the 2005 Act or an eligible institution within the meaning of section 86 of the 2005 Act, by a public institution in conjunction with such a private institution; or

(cc) by a private institution of the type referred to in sub-paragraph (bb);”.

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the definition of “institution” for “Part I of the Education Act 1994” there shall be substituted “Part 3 of the 2005 Act”.

F3 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 5(3) revoked (30.4.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(1), 4(a)

F2 Reg. 5(5) revoked (30.4.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(1), 4(a)

F3 Reg. 5(7)-(9) revoked (1.9.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(2), 4(b)

Commencement Information

I5 Reg. 5 in operation at 20.11.2005 with effect in accordance with reg. 1

F4 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 6 revoked (30.4.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(1), 4(c)

F5 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 7 revoked (30.4.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(1), 4(d)

8.  In Schedule 1 (Persons) at the end of paragraph 2(a) the semi-colon shall be removed and there shall be added—

“or is a category 2 European student;”

Commencement Information

I6 Reg. 8 in operation at 20.11.2005 with effect in accordance with reg. 1

9.  In Schedule 3 (Terms and conditions) after paragraph 2(d) there shall be inserted the following paragraph—

“(dd) in the case of a category 2 European student who—

(i) started a designated course on or after 1st September 2004 but before 1st September 2005; and

(ii) is applying for an award in respect of that course,

where the application reaches the authority by 1st January 2006.”.

Commencement Information

I7 Reg. 9 in operation at 20.11.2005 with effect in accordance with reg. 1

F6 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 10 revoked (1.9.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(2), 4(e)

11.—(1) Schedule 6 (Requirements) shall be amended as provided by paragraphs (2) to (4).

(2) In paragraph 13(4)—

(a) in sub-paragraph (a), the words “and has not made an election under paragraph (3) of Schedule 4” shall be omitted;

(b) in sub-paragraph (b)—

(i) after “is” in the first place where it appears, there shall be inserted “not”;

(ii) the words “and has not made an election under paragraph (3) of Schedule 4” shall be omitted.

(3) In paragraph 14—

(a) in sub-paragraph (1), the words “has not made an election under paragraph (3) of Schedule 8 and he” shall be omitted;

(b) in sub-paragraph (3) for “paragraph 13(2)” in the second and third places where those words appear, there shall be substituted “sub-paragraph (2)”.

(4) Paragraph 18 shall be renumbered as 16.

Commencement Information

I8 Reg. 11 in operation at 20.11.2005 with effect in accordance with reg. 1

12.—(1) Schedule 7 (Resources) shall be amended as provided by paragraphs (2) to (4).

(2) In paragraph 1—

(a) for sub-paragraph (1)(c) there shall be substituted—

“(c) any grant to facilitate teacher training paid to the student under Part 2 of the Education Act 2002 or section 78 of the 2005 Act, any payment made in respect of the student’s training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 78 or 86 of the 2005 Act or under section 65(3) of the Further and Higher Education Act 1992;”;

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For paragraph 4(2), there shall be substituted—

“(2) Where a contribution is ascertained in respect of more than one child of the student’s parent the aggregate of the contributions shall not exceed the contribution that would be ascertained if only one child held such an award or, if that amount is different in respect of each child, the lower, or as the case may be, lowest such amount.

(2A) The amount or, where a contribution is ascertained in respect of more than one child of the student’s parent, the aggregate amount of the parental contribution ascertained under this Part shall in no case exceed £7,250.”.

(4) For paragraph 4(4) to (6), there shall be substituted—

“(4) Subject to sub-paragraphs (5) and (6), for any year in which a statutory award under these Regulations, the Education (Student Support) Regulations (Northern Ireland) 2005 or section 63 of the Health Services and Public Health Act 1968 (and no other statutory award) is held by more than one child of the student’s parent, the parental contribution payable in respect of the student shall be an amount equal to the aggregate of the contributions ascertained in accordance with this Part divided by the number of children of his parent who hold a relevant statutory award.

(5) Subject to sub-paragraph (6), if, as a result of the apportionment under sub-paragraph (4), any part of the parental contribution ascertained in accordance with this Part would not be applied in respect of the student’s statutory award, the remainder of the contribution shall be applied—

(a) first in relation to the smallest statutory award (or equally to each such award) to which the contribution may be applied; and

(b) then to the remaining statutory award to which the contribution may be applied or, if there is more than one remaining statutory award to which the contribution may be applied, equally to each such award.

(6) If, after apportioning the remaining parental contribution equally under sub-paragraph (5)(b)—

(a) any amount of the parental contribution ascertained under this Part still has not been applied; and

(b) there remains one or more statutory awards to which the contribution may be applied,

the balance of the contribution shall be applied to the remaining statutory award or awards, in increasing order of size, to which the contribution may be applied, until there remains no such statutory award to which the contribution has not been applied.”.

Textual Amendments

F7 Reg. 12(2)(b) revoked (30.4.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(1), 4(f)

Commencement Information

I9 Reg. 12 in operation at 20.11.2005 with effect in accordance with reg. 1

13.—(1) Schedule 8 (Single students with dependants) shall be amended as provided by paragraphs (2) and (3).

(2) For paragraph 2(2), there shall be substituted—

“(2) In the case of such a student the sum to be disregarded under paragraph 1(1)(a) of Schedule 7 shall be £2,055 instead of £945.”.

(3) Paragraph 3 shall be omitted.

Commencement Information

I10 Reg. 13 in operation at 20.11.2005 with effect in accordance with reg. 1

14.—(1) Schedule 9 (Sandwich courses) shall be amended as provided by paragraphs (2) and (3).

(2) In paragraph 1(4) for “references to Schedules 6 and 7 are to be construed as references to those Schedules”, there shall be substituted “references to Schedule 7 are to be construed as references to that Schedule”.

(3) In paragraph 3(c) the words “except that where such a requirement falls to be increased under paragraph 16 it shall be increased by the prescribed proportion or the sum there specified” shall be omitted.

Commencement Information

I11 Reg. 14 in operation at 20.11.2005 with effect in accordance with reg. 1

F8 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 15 revoked (1.9.2006) by Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/378), regs. 2(2), 4(g)

16.  The Principal Regulations are also amended in accordance with Schedule 2.

Commencement Information

I12 Reg. 16 in operation at 20.11.2005 with effect in accordance with reg. 1

Modifications applying while the Civil Partnership Act 2004 is not in force N.I.

17.  During such time as section 1 of the Civil Partnership Act 2004(4) is not in force, regulation 16 and Schedule 2 shall not have effect.

Commencement Information

I13 Reg. 17 in operation at 20.11.2005 with effect in accordance with reg. 1

Sealed with the Official Seal of the Department for Employment and Learning on 26th October 2005.

L.S.

David McAuley

A senior officer of the

Department for Employment and Learning