PART 2AWARDS

Duty to bestow an award7.

(1)

Subject to paragraph (2), 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—

(a)

a full 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 August 2003 if —

(i)

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, and

(ii)

the duty is not owed to the person only because he is a European student;

(b)

where paragraph (a) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after 31st August 2003 if the person is a European student and the institution at which he attends his course is within the area of the authority.

(2)

The duty of an authority to bestow an award in pursuance of section 1(1) of the Education Act 1962, which was repealed with transitional and saving provisions on 1st January 1999 by section 44(2) of and Schedule 4 to the Teaching and Higher Education Act 199815, shall apply only to the extent provided for in articles 3 and 4 of the Teaching and Higher Education Act 1998 (Commencement No.4 and Transitional Provisions) Order 1998, that is, in respect of a person’s attendance at a course which is—

(a)

a first degree course where—

(i)

the person begins to attend the course immediately after ceasing to attend a Dip HE course or an HND course (disregarding any intervening vacation), and

(ii)

an award bestowed on him in respect of his attendance at the DipHE or HND course was an award bestowed under previous Awards Regulations, or where no award was bestowed, would have been treated as such if it had been bestowed;

(b)

subject to paragraphs (3) and (4), a postgraduate course for the initial training of teachers where—

(i)

the person begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and

(ii)

an award bestowed on him in respect of his attendance at the first degree course was an award bestowed under previous Awards Regulations, or where no award was bestowed would have been treated as such if it had been bestowed;

(c)

a course the first year of which began before 1st September 1999.

(3)

The authority shall not be under a duty to bestow a fees only award where the student is attending a flexible postgraduate course for the initial training of teachers, and for the purposes of this regulation “flexible postgraduate course for the initial training of teachers” means a course of initial teacher training, which has been approved by the Teacher Training Agency16, the length and pattern of which is determined by the student’s experience and training requirements.

(4)

The authority shall not be under a duty to bestow a maintenance grant where the student is attending a flexible postgraduate course for the initial training of teachers which is of less than one year’s duration.