- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
5.—(1) A qualifying person who is prescribed for the purposes of Article 4 of the Order is a person who falls within the Schedule on the first day of an academic year which begins during the grant period, other than—
(a)a person who is not eligible for support under the Student Support Regulations by reason of regulation 5(3)(c), (d), (e), (f) or (g) of those Regulations, or
(b)a person mentioned in paragraph (2) or (6)[F1; or
[F1(c)a person who is ordinarily resident in England, Wales, Scotland or the Islands and does not fall within paragraph 4, [F24A,] [F34B, 4C, 4D, 4E, 4F] 5, 6, [F46A, 6B, 7, 7A, 10, 10A, 11 or 12] of the Schedule.]
[F5(1A) In this regulation, subject to paragraph (1C), “prescribed category” means any category of person described—
(a)in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9ZA, 9ZB, 9ZC, 9ZD, 9B, 10A, 12 or 13 in Part 2 of the Schedule; or
(b)in paragraphs 6, 7, 8, 9, 9A, 10 or 11 in Part 2 of the Schedule where paragraph (1B) applies.
(1B) This paragraph applies—
(a)where in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 6, 7, 8, 9, 9A, 10 or 11 in Part 2 of the Schedule in relation to an academic year beginning before 1st August 2021; and
(b)A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course.
(1C) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (1A)(a) has effect as if paragraphs 8A and 9B were omitted.]
(2) Subject to the exception in paragraphs (3) to (5), a person is not a qualifying person if—
(a)he has an honours degree from an institution in the United Kingdom; or
(b)he has an honours degree from an institution in the Republic of Ireland,
for which he received financial support under previous Regulations for some or all of the academic years during which he took the course leading to the award of the honours degree.
(3) Paragraph (2) does not apply where—
(a)the qualifying course is a course for the initial training of teachers;
(b)the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
(c)the qualifying person is not a qualified teacher.
(4) Paragraph (2) does not apply in respect of any part of a single course where—
(a)the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom or a relevant institution of higher education in the Republic of Ireland before the final degree or equivalent qualification; and
(b)the qualifying person only has an honours degree which was received as part of that single course.
(5) Paragraph (2) does not apply where the qualifying course is a course leading to a degree in social work at an educational institution in Northern Ireland
(6) Where an event occurs in the course of an academic year and as a result a person falls within the Schedule in the course of an academic year, he is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.
(7) In this regulation “a relevant institution of higher education in the Republic of Ireland” means an institution listed in Schedule 6 to the Student Support Regulations.]
Textual Amendments
F1Reg. 5(1)(c) and words inserted (1.9.2011) by The Student Fees (Qualifying Courses and Persons) (Amendment) (No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/376), regs. 1, 5 (with reg. 10)
F2Word in reg. 5(1)(c) inserted (1.4.2019) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 31
F3Words in reg. 5(1)(c) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 15(a)(i)
F4Words in reg. 5(1)(c) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 15(a)
F5Reg. 5(1A)-(1C) inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 15(b)
Commencement Information
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: