The Education (Student Loans) Amendment (Scotland) Regulations 2000

Scottish Statutory Instruments

2000 No. 240

EDUCATION

The Education (Student Loans) Amendment (Scotland) Regulations 2000

Made

18th July 2000

Laid before the Scottish Parliament

21st July 2000

Coming into force

1st August 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 1(2)(b) and (7) of and paragraph 1(1) of Schedule 2 to the Education (Student Loans) Act 1990(1) and all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Education (Student Loans) Amendment (Scotland) Regulations 2000 and shall come into force on 1st August 2000.

(2) These Regulations extend beyond Scotland but do so only as a matter of Scots law(2).

Amendment of Regulations

2.  The Education (Student Loans) Regulations 1998(3) shall be amended as follows.

3.  In regulation 3(1) there shall be inserted in the appropriate place the following definition–

““metropolitan police district” means the areas referred to in section 76 of the London Government Act 1963(4) as it had effect prior to the substitution by section 323 of the Greater London Authority Act 1999(5) of subsection (1);”.

4.  At the end of regulation 3(4) there shall be added the following sentence–

• “Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom and Islands as members of such forces.”

5.  In regulation 6(1) to (4) for each of the figures in the first column below wherever it appears substitute the corresponding figure in the second column below:

First column	Second Column
£	£
995	1,020
1,605	1,645
1,360	1,395
2,200	2,255
1,295	1,330
1,780	1,825

NICOL STEPHEN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th July 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st August 2000, amend the Education (Student Loans) Regulations 1998 (“the principal Regulations”). The principal Regulations govern loans made under the Education (Student Loans) Act 1990, which are mortgage style repayment loans. Such loans are for the most part made to students who began their courses on 1st August 1998. Loans under the Teaching and Higher Education Act 1998, repayable through the tax system, are made to students beginning their courses after 1st August 1998.

The definition of “metropolitan police district” is amended so as to refer to the boundaries as they were prior to their amendment by the Greater London Authority Act 1999 (regulation 3).

Regulation 3(4) of the principal Regulations is amended so as to provide expressly that members of the regular armed forces are treated as falling within the temporary employment abroad exemption from the residence conditions in paragraph 7 of Schedule 1 to the principal Regulations (regulation 4).

These amending regulations also increase the maximum amounts which may be lent in relation to an academic year in line with inflation (regulation 5).

(1)

1990 c. 6, paragraph 1(1) of Schedule 2 was amended by the Education (Student Loans) Act 1998 (c. 1), sections 2; the entire Act was repealed on 13th August 1998 by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4, subject to saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions Order 1998 (S.I. 1998/2004). The saving provisions include provision for making subordinate legislation after the date of the repeal. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The circumstances in which the Secretary of State’s functions under the Education (Student Loans) Act 1990 are to be treated as exercisable in or as regards Scotland are set out in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 3 and Schedule 1, paragraph 11.

(2)

These Regulations extend beyond Scotland because the functions of the Scottish Ministers are exercisable with regard to certain students who are outside Scotland by virtue of S.I. 1999/1748.

(3)

S.I. 1998/211, amended by S.I. 1998/1676, 2005 and 1999/1784.

(4)

1963 c. 33; section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), article 11.

(5)

1999 c. 29.