7. In pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow an award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August1989 if the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations.
8.—(1) This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962 in the case of a person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarly resident in the area of more than one authority within the period of twelve months ending with the date of the beginning of the course.
(2) Any such person as is described in paragraph (1) shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course.
9.—(1) This regulation shall apply in the case of such a person as is mentioned in paragraph (2) who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority.
(2) The person referred to in paragraph (1) is a person who–
(a)is ordinarily resident in England and Wales on the relevant day; or
(b)is entitled to the payment of an award by virtue of Article 7(2) or (3) or Article 12 of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community(1).
(3) A person to whom this regulation applies shall be treated for the purposes of section 1 of the Education Act 1962 as ordinarily resident–
(a)if at any time during the period of two years preceding the relevant day he would have fallen to be treated as belonging to the area of an authority for the purposes of section 31(3) of the Education Act 1980(2) or of section 51(1) of the Education (No. 2) Act 1986(3) or of section 7 of the Education (Miscellaneous Provisions) Act 1953(4), in the last such area;
(b)if sub-paragraph (a) does not apply but at any time during the said period he was resident in the area of an authority, in the last such area;
(c)if neither sub-paragraph (a) nor (b) applies, in the area of the authority in which the establishment providing his course is situate.
(4) In paragraphs (2) and (3)–
“relevant day” means, except in the case specified in paragraph (5), the last day of the momth of October, February or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course;
(5) In the case of a refugee, or the spouse or child of a refugee,or a person mentioned in paragraph (3)(a) or (3)(b)(i) of regulation 13, who entered the United Kingdom on or after the relevant date as defined in paragraph (4), “relevant day” in paragraphs (2) and (3) means–
(a)where he had entered the United Kingdom before the day one month earlier than that of the beginning of the term in which he commences his course, the said day or the day on which he applies for an award, whichever is the earlier;
(b)where he had not so entered the United Kingdom, the day of the beginning of that term or on the day on which he applies for an award, whichever is the earlier.
10.—(1) The following courses are hereby designated
(a)a first degree course, that is to say–
(i)a course provided by an establishment for a first degree of a university or for the degree of Bachelor of Medicine or an equivalent degree;
(ii)a course provided by an establishment of further education for a first degree of the Council for National Academic Awards;
(iii)a course provided either by the Cranfield Institute of Technology or by the Cranfield Information Technology Institute for a first degree of the former;
(iv)an international course, that is to say a course provided by an establishment in the United Kingdom in conjunction with a university, college or other institution in another country for a first degree of a university or of the Council for National Academic Awards;
(b)a Dip HE course, that is to say–
(i)a course provided by an establishment for the Diploma of Higher Education;
(ii)a course provided by an establishment for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
(c)a course provided by an establishment of further education for the Higher National Diploma, or the Higher National Diploma of the Business & Technician Education Council;
(d)a course of initial training for teachers, that is to say–
(i)a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by an establishment;
(ii)a part-time course of teacher training, involving not less than 3 days' attendance a week during the course, for the time being designated for the purposes of this provision by the Secretary of State;
(iii)any other course of teacher training, whether part-time or partly full-time and partly part-time, for the time being so designated;
(e)a course comparable to a first degree course, that is to say–
(i)a course of at last 3 academic years' duration provided by a university for a certificate, diploma or other academic award; or
(ii)a course for the time being designated for the purposes of this provision by the Secretary of State.
(2) In this regulation references to an establishment and an establishment of further education do not include references to establishments of further education which are neither maintained nor assisted by recurrent grants out of public funds.
11.—(1) Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that–
(a)an application in writing reaches the authority before the end of the term in which the student commences his course; and
(b)the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
(2) For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned–
(a)where, to the knowledge of the authority, an application has so reached some other authority;
(b)where, before the end of the term in which the student commenced his course, it has not become a designated course and the application reaches the authority before the end of the first term after it becomes a designated course;
(c)in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority before the end of the term of his course first beginning after the date on which the refugee was recognised as a refugee or was accorded asylum; or
(d)where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
(3) If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
12.—(1) An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
(2) An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by regulation 10(1)(b) or (c) if he has previously–
(a)successfully completed a course of teacher training designated under sub-paragraph (d)(ii) or (iii) of regulation 10(1); or
(b)attended any other course designated by or under regulation 10(1).
•••
(3) Subject to paragraphs (4) to (7), an authority shall not be under a duty to bestow an award on any person where he has previously attended one or more full-time, or satisfactorily completed one or more part-time or correspondence, courses ofhigher education and the aggregate duration of–
(a)such full-time courses which he has attended; and
(b)the full-time courses equivalent to such part-time or correspondence courses which he has successfully completed,
(ignoring any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kind mentioned in sub-paragraphs (a) to (g) of paragraph 1(1) of schedule 5 and, in the case of a sandwich course, periods of experience) exceeds two academic years; and, for the purposes hereof, a full-time, part-time or correspondence course outside England and Wales which is comparable to a full-time or, as the case may be, part-time course ofhigher education shall be treated as if it were such a course.
(4) A previous course shall be disregarded for the purposes of paragraph (3) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978(5).
(5) A previous course shall be disregarded for the purposes of paragraph (3) if–
(a)the student is such a person as is mentioned in regulation 9(2)(b) being entitled to an award by virtue of Article 12 of the Regulation there mentioned;
(b)the previous course was provided by an institution outside the British Islands but within the European Community; and
(c)the authority are satisfied–
(i)by the student, that he has ceased to attend the previous course without completing it during the year immediately preceding the first year of that course to which his application for an award relates; and
(ii)by the academic authority of the establishment providing that course, that it is comparable, in terms of content, to the uncompleted part of the previous course.
(6) Nothing in paragraph (3) shall affect the duty of an authority to bestow an award on a person–
(a)in respect of his attendance at a course for the post-graduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which–
(i)was for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and
(ii)was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959(6) or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980(7) or Section 218 of the Education Reform Act 1988(8);
(b)in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a) above, unless he has for more than three years held a statutory award in respect of his attendance at a full-time course ofhigher education or a comparable course outside England and Wales;
(c)in respect of his attendance at a course which
(i)does not exceed two years' duration;
(ii)is for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and
(iii)is approved as a course for the initial training of teachers for the purpose of regulations from time to time in force under Section 27 of the Education Act 1980 or Section 218 of the Education Reform Act 1988,
unless he has previously attended
(i)a course for the postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma), or
(ii)a course (of any length) such as is described in sub-paragraphs (a)(i) and (ii) above.
(7) Nothing in paragraph (3) shall affect the duty on an authority to bestow an award on a person if–
(a)he is a refugee, or the spouse or child or a refugee;
(b)the previous course was a full-time course provided by an institution outside the British Islands; and
(c)he satisfies the authority that he ceased to attend the previous course, without completing it, during the four years immediately preceding his entering the United Kingdom.
(8) For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
(9) (a) For the purposes of this regulation a person shall only be treated as having attended a course if he has attendedand held a statutory award in respect of either more than one course or one course for more than one term and seven weeks of a second term; and it is hereby declared that any reference to a person having attended or completed a course shall be construed as a reference to his having done so before or after the coming into operation of these Regulations.
(b)For the purposes of this regulation a person shall only be treated as having completed a course if he has held a statutory award in respect of that course.
13.—(1) An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course–
(a)upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b), has not been so resident in the territory comprising–
(i)the European Community, and
(ii)(as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portuguese Republic;
(b)upon a person whose residence in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b), in the European Community or the said territory, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
(c)upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
(2) Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee or was granted asylum, in the case of the spouse or child of such a refugee,or in the case of a person mentioned in paragraph (3).
(3) That person is a person who is a British citizen within the meaning of the British Nationality Act 1981–(9)
(a)who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the territory comprising the European Community during every part of that period in which he was not ordinarily resident in the British Islands; or
(b)(i)who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and
(ii)whose parent is ordinarily resident in England and Wales on the relevant day as defined in relation to that person by paragraph (5) of regulation 9.
(4) In paragraph (3) “parent” includes a guardian or any other person having actual custody of a minor.
14.—(1) An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where–
(a)subject to paragraph (2), on the recommendation of the academic authority the student commences to attend another course (“the new course”) at the establishment;
(b)subject to paragraph (2), with the written consent of the academic authorities of both establishments concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another establishment;
(c)subject to paragraph (4), after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
•••
(d)subject to paragraph (4), after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education.
(2) An award shall not be transferred in pursuance of paragraph (1)(a) or (b) unless either–
(a)the requisite recommendation or consent is given before the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed; or
(b)the authority is satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in paragraph (a) is due only to the need to apply through a clearing admissions system; or
(c)the authority, after consulting the academic authority or authorities concerned, are satisfied that the period which the student in question will ordinarily require for the completion of the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring–
(i)in each case, periods of experience which are part of a sandwich course; and
(ii)in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the authority would not make any payment for maintenance in respect of that period under regulation 25(1).
(3) An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (d) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
(4) An award shall not be transferred in pursuance of paragraph (1)(c) or (d) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held, exceeds–
(a)five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or
(b)four years where the award would be held in respect of a course for that degree not being an honours degree;
so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.
(5) For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same establishment.
15.—(1) An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that–
(a)if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
(b)if the student does not complete the course within the period ordinarily required, the authority–
(i)may extend the award until the student has completed the course; and
(ii)shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
(2) The authority may, after consultation with the academic authority, terminate the award if they are satisfied that the student has either–
(a)abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
(b)shown himself by his conduct to be unfitted to hold the award.
16. The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
OJ No L257, 19.10.68, p.2 (OJ/SE 1968 (II) p.475).
1980 c. 20; section 31(3) was repealed by section 67(6) and Schedule 6 to the Education (No 2) Act 1986.
1986 c. 61; section 51(1) came into force on the 1st September 1987.
1953 c. 33; section 7 was repealed by section 38(6) and Schedule 7 to the Education Act 1980.
S.I. 1978/1096, to which there are amendments not relevant to these Regulations.
1980 c. 20; section 27 was repealed and replaced by section 218 of the Education Reform Act 1988 with effect from 1st April 1989.
1988 c. 40; the Education (Teachers) Regulations 1989 (S.I. 1989/1319) come into force on 1st September 1989 and revoke S.I. 1982/106.