The Education (Student Support) Regulations 2011

Interpretation E+W

2.—(1) In these Regulations—

“the 1962 Act” means the Education Act 1962 M1 ;

“the 1998 Act” means the Teaching and Higher Education Act 1998;

[F1 “the 2017 Act” means the Higher Education and Research Act 2017;]

“the 1998 Regulations” means the Education (Student Support) Regulations 1998 M2 ;

“the 1999 Regulations” means the Education (Student Support) Regulations 1999 M3 ;

“the 2000 Regulations” means the Education (Student Support) Regulations 2000 M4 ;

“the 2001 Regulations” means the Education (Student Support) Regulations 2001 M5 ;

“the 2002 Regulations” means the Education (Student Support) Regulations 2002 M6 ;

“the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 2002 M7 as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 M8 and the Education (Student Fees and Support) (Switzerland) Regulations 2003 M9 ;

“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004 M10 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 M11 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 M12 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 M13 , the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 M14 , the Education (Student Support) (Amendment) Regulations 2005 M15 and the Education (Student Support) (Amendment) (No. 2) Regulations 2005 M16 ;

“the 2005 Regulations” means the Education (Student Support) Regulations 2005 M17 ;

“the 2006 Regulations” means the Education (Student Support) Regulations 2006 M18 ;

“the 2007 Regulations” means the Education (Student Support) Regulations 2007 M19 ;

“the 2008 Regulations” means the Education (Student Support) Regulations 2008 M20 ;

“the 2008 (No.2) Regulations” means the Education (Student Support) (No.2) Regulations 2008 M21 ;

“the 2009 Regulations” means the Education (Student Support) Regulations 2009 M22 ;

“2008 cohort student” means a current system student who—

(a)

begins the current course on or after 1st September 2008 and before 1st September 2009;

(b)

transfers to the current course pursuant to regulation 7 on or after 1st September 2009 from a course beginning on or after 1st September 2008 and before 1st September 2009; or

(c)

begins an end-on course on or after 1st September 2009 immediately after ceasing to attend a preliminary course that began on or after 1st September 2008 and before 1st September 2009,

and to whom one of the following sub-paragraphs applies—

(i)

the student has not previously undertaken any course designated for the purposes of section 22 of the 1998 Act which began before 1st September 2008; [F2 or]

(ii)

F3 ...

(iii)

the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;

“2009 cohort student” means a current system student who—

(a)

begins the current course on or after 1st September 2009 and before 1st September 2012 and is not a 2008 cohort student;

(b)

transfers to the current course pursuant to regulation 7 on or after 1st September 2012 from a course beginning on or after 1st September 2009 and before 1st September 2012; or

(c)

begins an end-on course on or after 1st September 2012 immediately after ceasing to attend a course that begins on or after 1st September 2009 and before 1st September 2012,

and to whom one of the following sub-paragraphs applies—

(i)

the student has not previously undertaken any course which began before 1st September 2008 and which is a previous course; [F4 or]

(ii)

F5 ...

(iii)

the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

[F6 “2012 cohort student” means a current system student who—

(a)

begins the current course on or after 1st September 2012 and before 1st August 2016 and is not a 2008, 2009 or 2016 cohort student;

(b)

transfers to the current course pursuant to regulation 7 on or after 1st August 2016 from a course that—

(i)

is not a distance learning course; and

(ii)

begins on or after 1st September 2012 and before 1st August 2016; or

(c)

begins an end-on course on or after 1st August 2016 immediately after ceasing to attend a course that begins on or after 1st September 2012 and before 1st August 2016;]

[F7 “2016 cohort student” means a current system student who—

(a)

begins the current course on or after 1st August 2016;

(b)

is not a 2008, 2009 or 2012 cohort student;

(c)

has not transferred to the current course pursuant to regulation 7 from a course that—

(i)

is not a distance learning course; and

(ii)

began before 1st August 2016; and

(d)

is not beginning an end-on course on or after 1st August 2016;]

“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“Academy” means a school to which Academy arrangements under section 1 of the Academies Act 2010 M23 relate;

[F8 “accelerated course” means—

(i)

where the course begins before 1st August 2019, a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration; or

(ii)

where the course begins on or after 1st August 2019, a higher education course as defined in section 83(1) of the 2017 Act where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;]

[F9 “accredited institution” means an institution accredited by the Secretary of State under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;]

[F10 “allied health profession subject” means chiropody, [F11 dental profession subject,] dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy;]

[F12 “approved provider” and “approved (fee cap) provider” mean English higher education providers registered in the approved and approved (fee cap) parts of the register respectively;]

[F13 “authority-funded” means—

(a)

F14 ...

(b)

in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales;

(c)

in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; and

(d)

in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for Employment and Learning in Northern Ireland or the Department for Agriculture and Rural Development in Northern Ireland.]

“borrower” means a person to whom a loan has been made;

[F15 “bursary year” means an academic year of a course in relation to which the student is—

(a)

eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount;

(b)

eligible to apply for a Scottish healthcare allowance the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; or

(c)

eligible for a healthcare tuition payment;]

F16 ...

“compressed degree course” means a course [F17 which begins before 1st August 2019 and which is] determined in accordance with paragraph (2) to be a compressed degree course;

“compressed degree student” means an eligible student who—

(a)

is undertaking a compressed degree course in the United Kingdom (the “course”);

(b)

[F18 began the course before 1st August 2019; and]

(c)

either—

(i)

is required to be in attendance on the course for part of the academic year for which the student is applying for support; or

(ii)

is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student's disability;

“contribution” means an eligible student's contribution calculated pursuant to regulation 99 and Schedule 4;

“course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

“current course” means the designated course in respect of which a person is applying for support;

F19 ...

“current part-time course” means the designated part-time course in respect of which a person is applying for support;

“current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;

“current system student” means an eligible student who—

(a)

is not an old system student; and

(b)

either—

(i)

began attending the current course on or after 1st September 2006 and is continuing on that course after 31st August 2012; or

(ii)

begins attending the current course on or after 1st September 2012; or

(iii)

begins undertaking the current course on or after 1st September 2012;

[F20 “dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;]

“designated course” means a course designated by regulation 5 or by the Secretary of State under regulation 5;

F21 ...

“designated part-time course” means a course designated by regulation 139 or by the Secretary of State under regulation 139;

“designated postgraduate course” means a course designated by regulation 161 or by the Secretary of State under regulation 161;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 M24 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

[F22 “disability” has the meaning given in section 6 of the Equality Act 2010;]

“disabled distance learning students' allowance” means the grant payable under regulation 127;

“disabled part-time students' allowance” means the grant payable under regulation 147;

“disabled students' allowance” means the grant payable under regulation 40;

“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration or enrolment or any examination;

(b)

on a weekend or during any vacation; or

(c)

on an occasional basis during the week;

“electronic signature” is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

F23 ...

“eligible part-time student” has the meaning given in regulation 137;

“eligible postgraduate student” has the meaning given in regulation 159;

“eligible prisoner” means a prisoner—

(a)

who begins the current course or current part-time course on or after 1st September 2012;

(b)

who is serving a sentence of imprisonment in the United Kingdom;

(c)

has been authorised by the prison Governor or Director or other appropriate authority to study the current course or current part-time course;

(d)

whose earliest release date is within 6 years of the first day of the first academic year of the current course or current part-time course;

(e)

who has not transferred to the current course or current part-time course under regulation 7 or [F24 139A] from a course beginning before 1st September 2012; and

(f)

is not beginning an end-on course on or after 1st September 2012;

“eligible student” has the meaning given in paragraph (3);

“employment-based teacher training scheme” means—

(a)

a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; or

(b)

a scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

“end-on course” means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;

(b)

a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No.2) Regulations;

(c)

F25 ...

(d)

a full-time first degree course beginning on or after 1st September 2009, but before 1st September 2012 (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time higher education course or to undertake a part-time higher education course F26 ... mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification;

(e)

a full-time honours degree course beginning on or after 1st September 2012 [F27 , but before 1st August 2016] which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course [F28 mentioned] in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(f)

a full-time distance learning honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake F29 ... a distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(g)

a part-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend or undertake a part-time higher education course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a part-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(h)

[F30 a full-time honours degree course beginning on or after 1st August 2016 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 that is not a distance learning course or a full-time foundation or ordinary degree course that is not a distance learning course, which started before 1st August 2016, having achieved a qualification;]

[F31 “English higher education provider” has the meaning given by section 83(1) of the 2017 Act;]

“equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

[F32 “Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS and the student’s course is a course referred to in regulation 5(1)(d) [F33 or 139(1)(d)] and―

(a)

where the course began before 1st September 2012, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be);

(b)

where the course began on or after 1st September 2012 and is provided by an institution in Northern Ireland F34 ..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); or

(c)

where the course began on or after 1st September 2012 and is provided by an institution in England [F35 , Scotland or Wales]―

(i)

at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); and

(ii)

either—

(aa)

in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or

(bb)

in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.]

“EU national” means a national of a Member State of the EU;

“fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“fees” has the meaning given in [F36 section 85(2) of the 2017 Act] F37 ...;

“fee support” means a grant for fees pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, a fee contribution loan or a fee loan;

F38 ...

“former Metropolitan Police District” means—

(a)

Greater London, excluding the City of London, the Inner Temple and the Middle Temple;

(b)

in the county of Essex, in the district of Epping Forest— the area of the former urban district of Chigwell, the parish of Waltham Abbey;

(c)

in the county of Hertfordshire— in the borough of Broxbourne, the area of the former urban district of Cheshunt, the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and

(d)

in the county of Surrey— in the borough of Elmbridge, the area of the former urban district of Esher, the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;

“gap year student” has the meaning given in paragraph (6);

“graduate entry accelerated programme” means a course—

(a)

the standard of which is not higher than a first degree which leads to a qualification as a medical doctor or dentist;

(b)

where a first degree or equivalent qualification would normally be required for entry to the course;

(c)

which begins on or after 1st September 2012; and

(d)

the duration of the course does not exceed 4 years;

“grant for living and other costs” means a grant payable under Part 5;

[F39 “healthcare bursary” means a bursary or award of similar description under—

(a)

section 63 of the Health Services and Public Health Act 1968 made in respect of—

(i)

a course provided by an institution in England beginning before 1st August 2017;

(ii)

a course provided by an institution in England beginning on or after 1st August 2017, where that course leads to qualification as a paramedic, medical doctor or dentist;

(iii)

a course provided by an institution in Scotland or Northern Ireland, where that course leads to qualification as a medical doctor or dentist;

(iv)

a course provided by an institution in Wales; or

(b)

article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972;]

[F40 “healthcare tuition payment” means a payment for tuition in connection with the NHS Bursary Scheme in England, established pursuant to section 63 of the Health Services and Public Health Act 1968, in respect of a course beginning on or after 1st August 2017, except where that course leads to qualification as a medical doctor or dentist;]

[F41 “high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;]

“higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 M25 ;

“higher education course” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” has the meaning given in Schedule 4 [F42 , and, for the purposes of Part 11B, has the meaning given in Schedule 6];

“information” includes documents;

“Institute” means the University of London Institute in Paris;

[F43 “institution” in relation to England includes an English higher education provider;]

“intensive course” means an accelerated course or a compressed degree course;

“Islands” means the Channel Islands and the Isle of Man;

“loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” means a loan for living costs pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“long courses loan” means a long courses loan pursuant to regulation 81;

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

[F44 “non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;]

[F45 “Northern Irish designated full-time course” has the meaning given in paragraph (14);]

[F45 “Northern Irish designated part-time course” has the meaning given in paragraph (14);]

[F45 “Northern Irish designated postgraduate course” has the meaning given in paragraph (14);]

[F46 “OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;]

“old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 2003 M26 ;

F47 ...

“old system student” means an eligible student who—

(a)

began the current course before 1st September 2006 and is continuing on that course after 31st August 2012;

(b)

is a gap year student in relation to the current course;

(c)

began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—

(i)

a course that the student began before 1st September 2006; or

(ii)

a course that the student began before 1st September 2007 and in relation to which the student was a gap year student; or

(d)

began the current course on or after 1st September 2006 having had their status as an eligible student transferred to that course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course in connection with which the Secretary of State determined the student to be an eligible student and which the student began—

(i)

before 1st September 2006; or

(ii)

before 1st September 2007 and in relation to which the student was a gap year student;

“ordinary duration” means F48 ... the number of academic years that a standard student would take to complete the F49 ... course excluding any academic years of the course that are [F50 —

(a)

bursary years;

(b)

Erasmus years of a course provided by an institution in Northern Ireland F51 ...; or

(c)

Erasmus years of a course provided by an institution in England [F52 , Scotland or Wales] where the course began before 1st September 2012];

(d)

[F53 Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;]

“period of eligibility” has the meaning given respectively in regulation 6 in relation to an eligible student, F54 ... in regulation 140 in relation to an eligible part-time student and in regulation 162 in relation to an eligible postgraduate student;

“periods of work experience” means—

(a)

periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

[F55 “person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and

(b)

has been ordinarily resident in the United Kingdom and Islands since the person was first granted such leave;]

“person granted humanitarian protection” means a person—

(a)

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 M27 ;

(b)

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 M28 ); and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain

[F56 “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)

paragraph 289B (victims of domestic violence);

(ii)

paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii)

paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F57 “person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F58 “person granted stateless leave” means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F59 “postgraduate pre-registration course” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(a)

the Health and Care Professions Council, for allied health profession subjects other than dental profession subjects; or

(b)

the Nursing and Midwifery Council, for midwifery or nursing;]

“preliminary course” means a course mentioned in [F60 paragraph 2] to 4 of Schedule 2, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be;

[F61 “pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course, which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(a)

the Health and Care Professions Council, for operating department practice and allied health profession subjects, other than dental profession subjects;

(b)

the Nursing and Midwifery Council, for midwifery or nursing;

(c)

the General Dental Council, for dental profession subjects;

(d)

[F62 Social Work England] and the Nursing and Midwifery Council, for nursing and social work;]

“previous course” has the meaning given in regulation 12;

“prisoner” includes a person detained in a young offender institution;

“private institution” means an institution which is not publicly funded;

“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

[F63 “qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 but for courses beginning on or after 1st September 2012 does not include a person who—

(a)

is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers’ Qualifications) (England) (Regulations) 2003; and

(b)

has not been assessed by an accredited institution (within the meaning of regulation 11 of those regulations) as meeting the specified standards (within the meaning of paragraph 1 of Schedule 2 to those regulations);]

“qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

(a)

leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b)

where it began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or

(c)

any academic year of which is a bursary year;

F64 ...

“qualifying year of study” means an academic year of a designated course—

(a)

in respect of which the student qualified for fee support (even if the amount was nil);

(b)

that was a bursary year; or

(c)

in respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;

“quarter” in relation to an academic year means a period in that year—

(a)

beginning on 1st January and ending on 31st March;

(b)

beginning on 1st April and ending on 30th June;

(c)

beginning on 1st July and ending on 31st August; or

(d)

beginning on 1st September and ending on 31st December;

“refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M29 as extended by the Protocol thereto which entered into force on 4th October 1967 M30 ;

[F65 “register” means the register established and maintained by the OfS under section 3 of the 2017 Act;]

[F66 “registered provider” means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;]

[F67 “regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;]

F68 ...

“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“sandwich course” has the meaning given in paragraph (10);

[F69 “Scottish designated full-time course” has the meaning given in paragraph (14);]

[F69 “Scottish designated part-time course” has the meaning given in paragraph (14);]

[F69 “Scottish designated postgraduate course” has the meaning given in paragraph (14);]

“Scottish healthcare allowance” means any allowance [F70 (including a young students’ bursary or an independent students’ bursary)] under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 M31 granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” has the meaning given in paragraph (11);

“standard academic year”, unless otherwise indicated, means an academic year of a designated course F71 ... that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student [F72 but does not include an academic year that is—

(a)

a bursary year;

(b)

an Erasmus year of a course provided by an institution in Northern Ireland F73 ...; or

(c)

an Erasmus year of a course provided by an institution in England [F74 , Scotland or Wales] where the course began before 1st September 2012];

(d)

[F75 an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;]

“standard student” is a student who is to be taken—

(a)

to have begun the F76 ... course on the same date as the eligible student in question;

(b)

not to be excused any part of the course;

(c)

not to repeat any part of the course; and

(d)

not to be absent from the course other than during vacations;

“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” means the Education (Student Loans) Act 1990 M32 , the Education (Student Loans) (Northern Ireland) Order 1990 M33 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 M34 and regulations made under that Order or the 1998 Act and regulations made under that Act;

“support” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“transitional award” means an award made under the Education (Mandatory Awards) Regulations 1998 M35 other than an old award;

“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom;

[F77 “UKRI” means United Kingdom Research and Innovation;]

F78 ...

F78 ...

F78 ...

[F79 “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;]

[F80 “Welsh designated full-time course” has the meaning given in paragraph (14);]

[F80 “Welsh designated part-time course” has the meaning given in paragraph (14);]

[F80 “Welsh designated postgraduate course” has the meaning given in paragraph (14).]

(2) The Secretary of State may determine that a course is a compressed degree course if, in the opinion of the Secretary of State, that course is—

(a) a course for a first degree (other than a foundation degree);

(b) a full-time course designated under regulation 5(1); F81 ...

(c) of two academic years' duration [F82 ; and]

[F83 (d) a course which began before 1st August 2019.]

(3) F84 ... “eligible student” has the meaning given in regulation 4.

F85 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may determine that a qualification is an equivalent or lower qualification if—

(a) an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and

(b) the qualification referred to in sub-paragraph (a) is an honours degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the current course leads.

(6) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if the person meets the conditions in paragraph (7) or (9).

(7) The conditions are—

(a) the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and

(b) the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(8) In paragraph (7), a course (the “original course”) is similar to the current course if—

(a) it appears to the academic authority of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.

(9) The conditions are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which began before 1st September 2006;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to them;

(c) the person appealed against the decision not to award them the qualification or grade;

(d) the appeal was allowed after the last date on which they could have taken up the offer;

(e) as a result, the person was offered a place on the current course; and

(f) the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(10) In these Regulations—

(a) a course is a “sandwich course” if—

(i) it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year.

(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii) taking the course as a whole, the student attends or undertakes the periods of full-time study for an average of not less than 18 weeks in each year;

(b) in calculating the student's periods of full-time study for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(11) In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).

(12) Where the student's status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Secretary of State from a course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, the specified designated course is the initial course.

(13) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

[F86 (14) In these Regulations—

“Northern Irish designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Northern Ireland and designated under regulation 6(9) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 5 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

“Northern Irish designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Northern Ireland and designated under regulation 124(7) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 122 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

“Northern Irish designated postgraduate course” means a postgraduate course substantially provided in Northern Ireland and designated under regulation 141(4) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 139 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

“Scottish designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Scotland—

(a)

determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;

(b)

designated under regulation 6(9) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 5 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and

(c)

either—

(i)

designated under regulation 5(8) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 4(1) of those Regulations and section 22 of the 1998 Act; or

(ii)

specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;

“Scottish designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Scotland—

(a)

determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;

(b)

designated under regulation 124(7) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 122 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and

(c)

either—

(i)

designated under regulation 83(6) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 81(1) of those Regulations and section 22 of the 1998 Act; or

(ii)

specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;

“Scottish designated postgraduate course” means a postgraduate course substantially provided in Scotland—

(a)

determined as designated under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 for the purposes of regulation 3(2) of those Regulations;

(b)

designated under regulation 141(4) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 for the purposes of regulation 139 of those Regulations and Article 3 of the Education (Student Support) (Northern Ireland) Order 1998; and

(c)

either—

(i)

designated under 112(4) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 110 of those Regulations and section 22 of the 1998 Act; or

(ii)

specified to be treated as a designated course under paragraph 3 of Schedule 4 to the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;

“Welsh designated full-time course” means a full-time course mentioned in Schedule 2, substantially provided in Wales and—

(a)

designated under regulation 5(8) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 4(1) of those Regulations and section 22 of the 1998 Act; or

(b)

specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;

“Welsh designated part-time course” means a part-time course mentioned in Schedule 2, substantially provided in Wales and—

(a)

designated under regulation 83(6) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 81(1) of those Regulations and section 22 of the 1998 Act; or

(b)

specified to be treated as a designated course under regulation 8(1) of the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations;

“Welsh designated postgraduate course” means a postgraduate course substantially provided in Wales and—

(a)

designated under 112(4) of the Education (Student Support) (Wales) Regulations 2017 for the purposes of regulation 110 of those Regulations and section 22 of the 1998 Act; or

(b)

specified to be treated as a designated course under paragraph 3 of Schedule 4 to the Education (Student Support) (Wales) Regulations 2018, for the purposes of those Regulations.

(15) For the purposes of paragraph (14)—

(a) a course is substantially provided in Northern Ireland if at least half of the teaching and supervision which comprise the course is provided in Northern Ireland;

(b) a course is substantially provided in Scotland if at least half of the teaching and supervision which comprise the course is provided in Scotland;

(c) a course is substantially provided in Wales if at least half of the teaching and supervision which comprise the course is provided in Wales.]

Textual Amendments

F1 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(a)

F2 Word in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(i)(aa)

F3 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(i)(bb)

F4 Word in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(ii)(aa)

F5 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(ii)(bb)

F6 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(iii)

F7 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(iv)

F8 Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(b)

F9 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(c)

F10 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(a)

F11 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 3(2)(a)

F12 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(d)

F13 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(a)

F14 Words in reg. 2(1) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(e)

F15 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(b)

F16 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(v)

F17 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(f)

F18 Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(g)

F19 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(a)(i)

F20 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 3(2)(b)

F21 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(a)(ii)

F22 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 3(a)

F23 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(a)(iii)

F24 Word in reg. 2(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 3(a)

F25 Words in reg. 2(1) omitted (27.2.2018) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 9

F26 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(b)(i)

F27 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(vi)(aa)

F28 Word in reg. 2(1) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 9(a)

F29 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(b)(ii)

F30 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(vi)(bb)

F31 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(h)

F32 Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(b)

F33 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 3(b)

F34 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(c)(i)

F35 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(c)(ii)

F36 Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(i)

F37 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(vii)

F38 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(viii)

F39 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(d)

F40 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(e)

F41 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(j)

F42 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 3(c)

F43 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(k)

F44 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(f)

F45 Words in reg. 2 inserted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(a)(i)

F46 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(l)

F47 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(ix)

F48 Words in reg. 2(1) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 3(b)(i)

F49 Word in reg. 2(1) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 3(b)(ii)

F50 Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(c)

F51 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(g)(i)

F52 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(g)(ii)

F53 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(g)(iii)

F54 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 6(1)(c)

F55 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(3)(a)

F56 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(3)(a)

F57 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 36(1)

F58 Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 7(1)

F59 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 3(2)(c)

F60 Words in reg. 2(1) substituted (1.8.2013) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(3), 4(d)

F61 Words in reg. 2(1) substituted (with application in accordance with reg. 1(2)(b)(3) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/443), regs. 1(2)(a), 3(2)(d)

F62 Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 27(a); S.I. 2019/1436, reg. 2(b)

F63 Words in reg. 2(1) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 9(c)

F64 Words in reg. 2(1) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(m)

F65 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(n)

F66 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(2)(o)

F67 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(i)

F68 Words in reg. 2(1) omitted (11.6.2018) by virtue of The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599), regs. 1(1), 54(2)

F69 Words in reg. 2 inserted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(a)(ii)

F70 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(x)

F71 Words in reg. 2(1) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(e)(i)

F72 Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 4(e)(ii)

F73 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(j)(i)

F74 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(j)(ii)

F75 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 3(j)(iii)

F76 Word in reg. 2(1) omitted (7.11.2014) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 3(c)

F77 Words in reg. 2(1) inserted (11.6.2018) by The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599), regs. 1(1), 54(3)

F78 Words in reg. 2(1) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(a)(xi)

F79 Words in reg. 2(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(2)

F80 Words in reg. 2 inserted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(a)(iii)

F81 Word in reg. 2(2)(b) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(3)(a)

F82 Word and semicolon in reg. 2(2)(c) substituted for full stop (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(3)(b)

F83 Reg. 2(2)(d) inserted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 3(3)(c)

F84 Words in reg. 2(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(b)

F85 Reg. 2(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 4(c)

F86 Reg. 2(14)(15) inserted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(a)(iv)

Marginal Citations

M1 1962 c.12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c.20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c.11), section 4. Section 4 was amended by the Education Act 1994 (c.30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No.4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

M2 S.I. 1998/2003.

M3 S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120.

M4 S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912.

M5 S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174.

M6 S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059.

M7 S.I. 2002/3200.

M8 S.I. 2003/1065.

M9 S.I. 2003/3280.

M10 S.I. 2004/161.

M11 S.I. 2004/1602.

M12 S.I. 2004/2041.

M13 S.I. 2004/2598.

M14 S.I. 2005/5.

M15 S.I. 2005/1341.

M16 S.I. 2005/2084.

M17 S.I. 2005/52, as amended by S.I. 2005/1341, S.I. 2005/2084, S.I. 2005/3482, S.I. 2006/955 and S.I.2009/862.

M18 S.I. 2006/119, as amended by S.I. 2006/955, S.I. 2006/1745 and S.I. 2007/1336.

M19 S.I. 2007/176, as amended by S.I. 2007/1336, S.I. 2007/2263 and S.I. 2008/235.

M20 S.I. 2008/529 as amended by S.I. 2008/1582, S.I. 2008/2094, S.I. 2008/2939 and S.I.2009/862.

M21 S.I.2008/1582 as amended by S.I. 2008/2094 and S.I. 2008 2008/2939.

M22 S.I. 2009/1555 as amended by S.I. 2010/2546 and S.I. 2011/87.

M23 2010 c.32.

M24 OJ L158, 30.4.2004, p77-123.

M25 1989 c.41; Section 23C(5A) of the Children Act 1989 was inserted by section 21(2) of the Children and Young Persons Act 2008 (c.23).

M26 S.I. 2003/1994, amended by S.I.s 2004/1038, 2004/1792, 2005/2083, 2005/3137, 2006/930 and 2007/1629.

M27 1971 c.77.

M28 2001 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19), section 26 and Schedule 2 and the Immigration, Asylum and Nationality Act 2006 (c.13), section 9.

M29 Cmnd. 9171.

M30 Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Finance Policy Division, Department for Innovation, Universities and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

M31 1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c.30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c.39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

M32 1990 c.6; repealed by the Teaching and Higher Education Act 1998 (c.30), Schedule 4.

M33 S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

M34 S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

M35 S.I. 1998/1166, amended by S.I. 1998/1972 and revoked with savings by S.I. 1999/1494.