http://www.legislation.gov.uk/id/uksi/2009/470

PART 1General

Interpretation3.

F1(1)

In these Regulations—

“the 1970 Act” means the Taxes Management Act 19706 as amended from time to time;

F2...

“the 1998 Act” means the Teaching and Higher Education Act 19988 as amended from time to time;

“the 2003 Act” means the Income Tax (Earnings and Pensions) Act 20039 as amended from time to time;

F2...

F3“the 2000 (Scotland) Regulations” means the Repayment of Student Loans (Scotland) Regulations 2000;

F4“the 2011 Support Regulations” means the Education (Student Support) Regulations 2011;

F2...

“academic year” means the period from 1 September in any year to 31 August of the following year, regardless of whether this is, in fact, the period over which a borrower’s course runs;

F2...

F5“the Authority” means—

(a)

in relation to a plan 1, 2 or 3 loan and subject to regulation 7—

(i)
the Welsh Ministers in the case of a loan made or deemed made by them, or
(ii)
the Secretary of State in any other case;

(b)

in relation to a plan 4 loan—

(i)
the Scottish Ministers, or
(ii)
a person exercising functions in accordance with arrangements made under section 73A(3) of the Education (Scotland) Act 1980;

(c)

in relation to a plan 5 loan and subject to regulation 7, the Secretary of State;

F6“borrower” means a person—

(a)

in respect of whom a student loan has been paid, and

(b)

who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;

F7“country” includes territory;

F7“country-specific multiplier” means the country-specific multiplier calculated in accordance with regulation 8A;

F2...

F8“eligible course” means any of the following—

(a)

a course for the Certificate of Higher Education;

(b)

a course for the Diploma of Higher Education;

(c)

a course for the Higher National Certificate or Higher National Diploma of—

(i)
the Business and Technician Education Council, or
(ii)
the Scottish Qualifications Authority;

(d)

a foundation degree course;

(e)

an ordinary degree course;

F2...

“HMRC” means Her Majesty’s Revenue and Customs;

“loan purchaser” includes any person who has entered into transfer arrangements with the Authority or another loan purchaser or both and who presently owns F9a plan 1 loan;

“National Insurance number” means the National Insurance number allocated within the meaning of the Social Security (Contributions) Regulations 200113;

F2...

“overseas borrowers” means borrowers making or due to make repayments in accordance with Part 5;

F2...

F10“plan 1 loan” has the meaning given in regulation 3A;

F10“plan 2 loan” has the meaning given in regulation 3B;

F10“plan 3 loan” has the meaning given in regulation 3C;

F10“plan 4 loan” has the meaning given in regulation 3D;

F10“plan 5 loan” has the meaning given in regulation 3E;

F2...

F11“principal” has the meaning given in regulation 4(3);

F2...

F12“repayment” has the meaning given in regulation 4(2);

F13...

F14“repayment threshold” means the repayment threshold set out in, or calculated in accordance with, Schedule 1A;

F15“repayment threshold variable” means the repayment threshold variable calculated in accordance with regulation 8B;

“repayment threshold year” means the period from 6 April to 5 April of the following year;

F16“residence” has the same meaning as in the Taxes Acts (whether in relation to the United Kingdom or any other country);

F16“retail price index” means the RPI All Items Index published by the Office for National Statistics;

F2...

“Secretary of State” includes any person exercising functions on behalf of a Secretary of State pursuant to section 23(4) of the 1998 Act;

F17“standard interest rate” means, in relation to a loan, the greater of—

(a)

zero, or

(b)

the percentage increase in the retail price index between the two Marches immediately before the commencement of the academic year in which the loan bears interest;

F18“student loan” means any of the following—

(a)

a plan 1 loan;

(b)

a plan 2 loan;

(c)

a plan 3 loan;

(d)

a plan 4 loan;

(e)

a plan 5 loan;

F2...

“the Taxes Acts” has the same meaning as it has in the 1970 Act;

“tax year” –

(a)

for the purposes of Part 4 and any provision of Part 2 relating to Part 4 means the period from 6 April to 5 April of the following year;

(b)

F19subject to sub-paragraph (c), for the purposes of Part 3 and any provision of Part 2 relating to Part 3 means any year of assessment for the purposes of the 1970 Act;

(c)

F20for the purposes of regulations 36 and 40(1) and (2) means the period from 6 April to 5 April of the following year

F2...

F21“transfer arrangements” means—

(a)

transfer arrangements made under section 1(1) or 9(1) of the Sale of Student Loans Act 2008, and

(b)

further transfer arrangements made under section 3(1) of that Act (if any);

F22“transferred loan” means a plan 1 loan in respect of which transfer arrangements are made;

“the tribunal” means the First-tier Tribunal or, where determined by or under the Tribunal Procedure (Upper Tribunal) Rules 200815, the Upper Tribunal; and

“Welsh Ministers” includes any person exercising functions on their behalf pursuant to section 23(4) of the 1998 Act.

F23(2)

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