Version Superseded: 31/12/2021
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5.—(1) [F1Subject to paragraph (4),] it shall be lawful for a local education authority to adopt rules of eligibility for awards under sections 1(6) or 2 of the Education Act 1962(1) or for post-compulsory education awards which—
(a)do not take account of regulation 2(4);
[F2(b)confine eligibility in the case of fees awards to those persons who fall within any of—
(i)paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or
(ii)paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (2) applies;
(c)confine eligibility in the case of maintenance awards to those persons who fall within any of—
(i)paragraphs 2, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9B, 10A, 11A or 12A of the Schedule, or
(ii)paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule where paragraph (3) applies.]
[F3(2) This paragraph applies—
(a)where, in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and
(b)where A’s eligibility for an award is being assessed in relation to that course.
(3) This paragraph applies—
(a)where in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and
(b)where A’s eligibility for an award is being assessed in relation to that course.
(4) In relation to a course beginning on or after 1 January 2028 paragraph (1) has effect as if paragraphs 8A and 9B are omitted from paragraphs (1)(b)(i) and 1(c)(i).]
Textual Amendments
F1Words in reg. 5(1) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 6(a) (with reg. 2)
F2Reg. 5(1)(b)(c) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 6(b) (with reg. 2)
F3Reg. 5(2)-(4) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 6(c) (with reg. 2)
Commencement Information
I1Reg. 5 in force at 31.8.2007, see reg. 1(2)
1962 c .12. The Education Act 1962 was repealed by the Teaching and Higher Education Act 1998, subject to transitional and saving provisions to enable payments to be made pursuant to awards made under the Act before its repeal and to enable awards to be made in respect of courses beginning before 1 September 1999 and certain courses beginning after that date.
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