Students Awards (Amendment) Regulations (Northern Ireland) 2007

Citation, commencement and interpretation

1.  These Regulations may be cited as the Students Awards (Amendment) Regulations (Northern Ireland) 2007.

2.—(1) Except as provided for by paragraph (2) these Regulations shall come into operation on 20th August 2007.

(2) Regulations 4, 10 and 13 shall come into operation on 1st September 2007.

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

Revocations

4.  The following provisions of the Students Awards (Amendment) Regulations (Northern Ireland) 2006(2) are revoked—

(a) regulation 15; and

(b) the Schedule.

Amendment of the principal Regulations

5.  The principal Regulations shall be amended as provided by regulations 6 to 13.

6.—(1) Regulation 2 (Interpretation) shall be amended as provided by paragraphs (2) to (6).

(2) After the definition of “Certificate in Education”, there shall be inserted—

““child of a Turkish worker” means a person who falls within paragraph 12 of Schedule 10;”.

(3) In the definition of “new academic term” for “2006” there shall be substituted “2007”.

(4) For the definition of “new payment” there shall be substituted—

““new payment” means a payment made under these Regulations as amended by the Students Awards (Amendment) Regulations (Northern Ireland) 2004, the Students Awards (Amendment) Regulations (Northern Ireland) 2005, the Students Awards (Amendment) Regulations (Northern Ireland) 2006; and the Students Awards (Amendment) Regulations (Northern Ireland) 2007”.

(5) For the definition of “old payment” there shall be substituted—

““old payment” means a payment which would have been made under these Regulations, as amended by the Student Awards (Amendment) Regulations (Northern Ireland) 2004, the Students Awards (Amendment) Regulations (Northern Ireland) 2005, and the Student Awards (Amendment) Regulations (Northern Ireland) 2006, if they had not been amended by the Students Awards (Amendment) Regulations (Northern Ireland) 2007;”.

(6) After the definition of “Switzerland Agreement” there shall be inserted—

““Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the British Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom;”.

7.  In regulation 9 (Terms and Conditions) in paragraph (2)(a) and (b) for “2005” in each place where it occurs, there shall be substituted “2006”.

8.—(1) Regulation 16 (Reduced entitlement to payments) shall be amended as provided by paragraphs (2) to (6).

(2) In paragraph (5)(a)(iv), there shall be omitted “or”.

(3) After paragraph (5)(a)(iv) there shall be inserted—

“(v) the child of a Turkish worker; or”.

(4) In paragraph (7)(a) (iv), there shall be omitted “or”.

(5) In paragraph (7) (a) (v), after the word national there shall be inserted “; or”.

(6) After paragraph (7) (a) (v) there shall be inserted—

“(vi) the student became the child of a Turkish worker”.

9.—(1) Schedule 3 (Terms and Conditions) shall be amended as provided by paragraphs (2) to (4).

(2) In paragraph 2 (dg) (iii) there shall be omitted “or”.

(3) In paragraph 2 (dg) (iv) after the word national there shall be inserted “; or”.

(4) After paragraph 2 (dg) (iv) there shall be inserted—

“(v) becomes the child of a Turkish worker”.

(5) After paragraph 2 (dg) there shall be inserted—

“(dh) in the case of a Turkish worker who—

(i) started a designated course on or after 1^st September 2006 but before 1^st September 2007; and

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

where the application reaches the board by 20th December 2007;”.

10.  In Schedule 5 (Fees), for paragraph (iv) there shall be substituted—

“(iv) in the case of a course at the University of Buckingham, £2,905 payable in four instalments of £726, £726, £726 and £727;”.

11.—(1) Schedule 7 (Resources) shall be amended as provided by paragraphs (2) and (3).

(2) In paragraph 1(3) of Part 1 for “or a Directive student”, there shall be substituted “, a Directive student or a child of a Turkish worker”.

(3) In paragraph 4(4) of Part II for “the Education (Student Support) Regulations (Northern Ireland) 2006”, there shall be substituted “the Education (Student Support) Regulations (Northern Ireland) 2007(3)”.

12.—(1) Schedule 10(4) (Eligible Students) shall be amended as provided by paragraphs (2) to (4).

(2) For paragraph 1(3) there shall be substituted—

“(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in the British Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent relative in the ascending line, his child or child’s spouse or civil partner,

is or was temporarily employed outside that area.”.

(3) For paragraph 1(4) there shall be substituted—

“(4) For the purposes of sub-paragraph (3), temporary employment outside the British Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the British Islands as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.”.

(4) After paragraph 11 there shall be inserted—

“Children of Turkish workers

12.   A person who—

(a) is the child of a Turkish worker; and

(b) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.”.

13.  The figures in the third column of the table in the Schedule are substituted for the figures in the second column where they appear in the provisions of the principal Regulations set out in the first column of the table.

Sealed with the Official Seal of the Department for Employment and Learning on 18th July 2007

Sir Reg Empey,MLA

Minister for Employment and Learning