PART VINCOME AND CAPITAL
CHAPTER VIIIstudents
Interpretation61.
In this Chapter, unless the context otherwise requires—
F1“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;
F2“contribution" means any contribution in respect of the income F3of a student or of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant F4or student loan, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Further and Higher Education (Scotland) Act 1992, the Secretary of State or education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;
F2“course of advanced education" means—
(a)
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
(b)
any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;
“covenant income” means the income F5... payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;
“education authority” means a government department, a local education authority as defined in section 114(1) of the Education Act 1944 F6 (interpretation), F7a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986F8, any body which is a research council for the purposes of the Science and Technology Act 1965F9 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain.
F1“the FEFC" means the Further Education Funding Council for England or the Further Education Funding Council for Wales;
F1“full-time course of advanced education" means a course of advanced education which is taken by a person who is—
(a)
attending a full-time course of study which is not funded in whole or in part by the FEFC or a full-time course of study which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;
(b)
undertaking a course of study which is funded in whole or in part by the FEFC if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
(c)
undertaking a course of study (not being higher education) which is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves—
- (i)
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
- (ii)
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
F1“full-time course of study" means a full-time course of study which—
(a)
is not funded in whole or in part by the FEFC or a full-time course of study which is not funded in whole or in part by the Secretary of State for Scotland at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Secretary of State for Scotland;
(b)
is funded in whole or in part by the FEFC if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out in the case of a course funded by the FEFC for England, in his learning agreement signed on behalf of the establishment which is funded by the FEFC for the delivery of that course or, in the case of a course funded by the FEFC for Wales, in a document signed on behalf of the establishment which is funded by the FEFC for the delivery of that course; or
(c)
is not higher education and is funded in whole or in part by the Secretary of State for Scotland at a college of further education if it involves—
- (i)
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
- (ii)
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary F10but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, F11section 65 of the Further and Higher Education Act 1992 or section 73 of the Education (Scotland) Act 1980 F12or section 40 of the Higher and Further Education (Scotland) Act 1992;
“grant income” means—
(a)
any income by way of a grant;
(b)
in the case of a student other than one to whom sub-paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;
(c)
in the case of a student to whom F13paragraph 1, 2, 10, 11 or 12 of Schedule 1B applies (lone parent or disabled student), any contribution which has been assessed and which has been paid;
and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income.
F1“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;
F14“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
“period of study” means—
(a)
in the case of a course of study for one year or less, the period beginning with the start of the course F15and ending with the last day of the course;
(b)
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, F16other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year's start and ending with either—
- (i)
the day before the start of the next year of the course in a case where the student's grant is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant, where it would have been assessed at such a rate had he had one; or
- (ii)
in any other case the day before the start of the normal summer vacation appropriate to his course;
(c)
F17in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
“periods of experience” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the F18Education (Mandatory Awards) Regulations 1995;
“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the F19Education (Mandatory Awards) Regulations 1995;
F2“standard maintenance grant" means—
(a)
except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations") for such a student;
(b)
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
(c)
in the case of a student receiving an allowance or bursary under the Further and Higher Education (Scotland) Act 1992, the amount of money specified as “standard maintenance allowance" for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
(d)
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
F20“student” means a person, other than a person in receipt of a training allowance, aged less than 19 who is attending a full-time course of advanced education or, as the case may be, a person aged 19 or over but under pensionable age who is attending a full-time course of study at an educational establishment; and for the purposes of this definition—
(a)
(b)
a person on a sandwich course shall be treated as attending a full-time course of advanced education or, as the case may be, of study;
F23“student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;
“year", in relation to a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.