Students Awards (Amendment) Regulations (Northern Ireland) 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Students Awards Regulations (Northern Ireland) 2003 (S.R. 2003 No. 459), as amended (the “Principal Regulations”). The principal Regulations ensure that students who began their courses before 1st September 1998, and certain other students, continue to receive students awards and payments under those awards until the end of their courses.

Retrospection of the provisions at regulation 2 (1) is authorised by Article 50 (2) of the Education and Libraries (Northern Ireland) Order 1986.

Regulation 6 amends the Principal Regulations so that the new payment rates prescribed in the Schedule to these Regulations shall only apply in relation to an academic term which commences on or after 1st September 2006. Where an academic year starts before 1st September 2005, but ends after 1st September 2006, the old payment and new payment rates shall be applied proportionally.

Regulation 11 specifies increases in the rates of fee awards in relation to courses at the University of Buckingham, the Guildhall School of Music and Heythrop College. Increases in relation to other fee awards and grants are provided for in regulation 15 and the Schedule to these Regulations.

Regulation 14 adds a new Schedule 10 to the Principal Regulations in order to implement Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 (OJ L158, 30.04.2004, p77-123) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member states so far as the Directive relates to students awards. Certain categories of person who were not previously eligible for a student award are now so eligible as a result of the Directive. To qualify for a student award a student must, amongst other criteria, be determined by the relevant board to fall within Schedule 10 to the Principal Regulations. Schedule 10 sets out all of the categories of person who are potentially eligible for a student award including those who are now so eligible as a result of the Directive. A copy of the Transposition Note in relation to the implementation of the Directive so far as it relates to students awards is available from the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT or on the website of the Office of Public Sector Information at www.opsi.gov.uk. A copy has also been placed in the libraries of both Houses of Parliament.

Regulations 6, 9, 10 and 12 make consequential amendments to the principal Regulations

These Regulations also revoke in part the Students Awards (Amendment) Regulations (Northern Ireland) 2005.