The Education (Mandatory Awards) Regulations 1999

Revocations and transitional provisions

6.—(1) Subject to paragraph (5) the Education (Mandatory Awards) Regulations 1998(1) and The Education (Mandatory Awards) Regulations 1998 (Amendment) Regulations 1998(2) are hereby revoked.

(2) Without prejudice to section 17(2)(b) of the Interpretation Act 1978(3) and the definition of “award” in regulation 2, an old award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.

(3) Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 1999 then, notwithstanding anything in these Regulations, payments in pursuance of an old award in respect of the year beginning on 1st January or, as the case may be, 1st April 1999 shall be the aggregate of–

(a) two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1998 had they not been revoked, and

(b) one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1999 under these Regulations had the academic year of his course begun in the autumn of 1999.

(4) In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1999 then, notwithstanding anything in these Regulations, payments in pursuance of an old award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of–

(a) three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1998 had they not been revoked, and

(b) one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1999 under these Regulations had the academic year of the course begun in the autumn of 1999.

(5) The revocation of the Education (Mandatory Awards) Regulations 1998 shall not affect the continued operation of those Regulations with respect to, or otherwise in connection with, awards bestowed under them before they are revoked, the bestowing of awards under them after they are revoked and awards so bestowed after they are revoked, where any such award is or will be a transitional award.

(6) Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) …; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.

(7) Where an award has been bestowed pursuant to previous Awards Regulations–

(a) before 1st September 1995 in respect of a person’s attendance at a course referred to in regulation 25(3) of the Education (Mandatory Awards) (No. 2) Regulations 1993(4) (“the 1993 regulation”), or

(b) on or after 1st September 1995 but before 1st September 1996 in respect of a person’s attendance at a course referred to in regulation 25(3) of the Education (Mandatory Awards) Regulations 1994 (“the 1994 regulation”)

regulation 25(3) of these Regulations shall have effect in relation to that course as if for the subjects referred to therein there were substituted the subjects referred to in the 1993 regulation or the 1994 regulation respectively.

(8) Where–

(a) an award was bestowed on a person pursuant to previous Awards Regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997, and

(b) the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course an authority shall not be excepted from the duty to bestow an award in respect of the person’s attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in regulation 13(1)(c).

…

(1)

S.I. 1998/1166.

(2)

S.I. 1998/1972.

(3)

1978 c. 30.

(4)

S.I. 1993/2914.