Explanatory Note
(This note is not part of the Regulations)
These Regulations, which come into force on 1st September 1994, supersede the Education (Mandatory Awards) Regulations 1993.
Provisions in these Regulations which differ from the corresponding provisions of the 1993 Regulations (except as a result of minor drafting or consequential changes) are indicated by the use of heavy type.Omissions are indicated by the use of dots.The changes of substance made by these Regulations other than the changes in the rates of grant and allowances are described below.
The maximum fees payable for the final years of courses which are ordinarily completed a substantial period of time before the end of the academic year of an institution are now limited to the amount payable in respect of the first one, two or three instalments in the other years of the course, depending on how early the course is completed (regulation 24(3)(c) and (d) and paragraph (a)(x) of Schedule 1).
The provision specifying the earliest times for the payment of instalments has been amended to make it clear that it covers the payment of two, three or four instalments, beginning with a payment after the first date on which the student is required to attend his course after the beginning of the academic year and continuing with one, two or three further payments after the next following first dates on which the student is required to attend his course after specified dates (regulation 24(4)(a)).
The provision removing the obligation to make payments for fees when a student has ceased to attend a course but not completed it has been amended in the case of courses which begin in the autumn and the fees for which are payable in three instalments.The first, second or third instalment will be payable if the student continues to attend the course until 15th November, 15th February or 31st May respectively (regulation 24(6)).
The provision authorising the payment of validation fees has been amended so that fees payable for the validation of a course provided at an institution which is not maintained or assisted by recurrent grants paid out of public funds are now subject to the maximum applying to other fees payable to such institutions, and that maximum has been raised accordingly (paragraph (a) and (c) of Schedule 1).
The discretion given to local education authorities to pay a student’s travel expenses or medical insurance expenses in relation to a period of study outside the United Kingdom which is not a necessary part of the student’s course has been removed (paragraphs 7(3) and 9(2) of Schedule 2).
Provision is made to reflect the fact that under the European Economic Area Agreement nationals of countries within the European Economic Area in addition to nationals of countries within the European Community are by the time these Regulations come into force expected to have rights arising under Council Regulation (EEC) 1612/68.In accordance with article 7(2) or (3) or 12 of that Regulation they may be entitled to awards under these Regulations.If necessary separate regulations amending the Education (Mandatory Awards) Regulations 1993 will be made to give effect to the United Kingdom’s obligations under the European Economic Area Agreement for the period between the coming into force of that Agreement and the coming into force of these Regulations.