text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1999 and shall come into force on 1st January 2000.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (fees)–
a
in paragraph (1) (fee for registration of premises), for “£135 ” substitute “£139” and for “£73” (fee where premises are in Northern Ireland) substitute “£75”;
b
in paragraph (2) (retention fee), for “£87” substitute “ £89” and for “£68” (fee where premises are in Northern Ireland) substitute “£70”;
c
in paragraph (3) (additional sum by way of penalty), for “£278 ” substitute “£286” and for “£208” (sum where premises are in Northern Ireland) substitute “£213”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1998 are hereby revoked.
Signed by the authority of the Secretary of State for Health,
John Denham
Minister of State,
Department of Health
8th December 1999
Signed by the authority of the Secretary of State for Wales,
David Hanson
Parliamentary Under Secretary of State, The Welsh Office
8th December 1999
John Reid
Secretary of State, The Scotland Office
8th December 1999
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety this 13th day of December 1999.
Bairbre de Brún
Minister of Health, Social Services and Public Safety


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) (Amendment) Regulations 1999 and shall come into force on 1st June 1999.
2
In these Regulations “the principal Regulations ” means the Social Security (Adjudication) Regulations 1995 .
3
These Regulations apply to a review conducted under section 25, 30 or 35 of the Social Security Administration Act 1992 on or after the date on which these Regulations come into force.
Amendment of the principal Regulations
2
The principal Regulations shall be amended by the insertion after regulation 59 of the following–
Review of decisions involving incapacity for work or cessation or reduction of certain benefits
59A
1
For the purposes of this regulation–
a
“original decision” means a decision–
i
relating to an attendance allowance provided for in section 64 of the Contributions and Benefits Act, or the care component or the mobility component of a disability living allowance provided for in sections 72 and 73 respectively of that Act, or
ii
as to whether a person is incapable of work applying the all work test in Part III of the Social Security (Incapacity for Work) (General) Regulations 1995 or is to be treated as incapable of work made in accordance with regulation 10 (certain persons with a severe condition to be treated as incapable of work) or 27 (exceptional circumstances) of those Regulations and
b
“payee” means the person to whom a benefit referred to in head (i) of paragraph (a), or a benefit a condition of entitlement to which is incapacity for work determined under Part XIIA of the Contributions and Benefits Act, is payable.
2
This regulation applies where a decision on review revises an original decision–
a
in the case of a decision in relation to a benefit referred to in head (i) of paragraph (1)(a) so as to make that benefit cease to be payable or to reduce the rate of that benefit and the decision on review is based on–
i
in the case of an attendance allowance, the person not satisfying any of the conditions in section 64 of the Contributions and Benefits Act,
ii
in the case of the care component of a disability living allowance, the person not satisfying any of the conditions in section 72(1) of the Contributions and Benefits Act; or
iii
in the case of the mobility component of a disability living allowance, the person not satisfying any of the conditions in section 73(1) to (3) of the Contributions and Benefits Act; or
b
in the case of a decision as to whether a person is or is to be treated as incapable of work, so that a person is not incapable of work applying the all work test referred to in head (ii) of paragraph (1)(a) or is not treated as incapable of work in accordance with the regulations referred to in head (ii) of paragraph (1)(a).
3
A decision on review to which this regulation applies shall take effect from the date of the decision, except that–
a
where the review is on a ground set out in section 25(1)(a), 30(2)(a) or 35(1)(a), as the case may be, (the adjudicating authority is satisfied that the original decision was given in ignorance of, or was based on a mistake as to, some material fact) of the Administration Act and the adjudicating authority is satisfied that the claimant or payee knew, or could reasonably have been expected to know, of the fact in question and that it was relevant to the original decision, the decision on review shall take effect from the date that the claimant or the payee, as the case may be, had, or could reasonably be expected to have had, such knowledge or from the date of the original decision whichever is the later; or
b
where the review is on a ground set out in section 25(1)(b), 30(2)(b) or 35(1)(b), as the case may be, (there has been a relevant change of circumstances since the original decision was given) of the Administration Act and the adjudicating authority is satisfied that the claimant or payee failed to notify a change of circumstances which regulations under the Administration Act require him to notify, and the claimant or payee knew, or could reasonably have been expected to know, that the change of circumstances should have been notified, the decision on review shall take effect–
i
from the date on which the claimant or payee ought to have notified the change of circumstances, or
ii
if more than one change has taken place between the date from which the original decision took effect and the date of the review, from the date on which the first change ought to have been notified.
4
Where a person’s receipt of or entitlement to a benefit (“the first benefit”) is a condition of his receiving or being entitled to any other benefit, allowance or advantage (“the second benefit”) and a decision is made to which this regulation applies the effect of which is that the first benefit ceases to be payable, or becomes payable at a lower rate than was in payment following the original decision, the consequent change in his receipt of or entitlement to the second benefit shall take effect from the date referred to in paragraph (3).
.
Signed by authority of the Secretary of State for Social Security.
Stephen C. Timms
Minister of State,
Department of Social Security
6th May 1999


text:
1
This Order may be cited as the Excise Duties (Personal Reliefs) (Amendment) Order 1999 and shall come into force on 1st July 1999.
2
Article 4 of the Excise Duties (Personal Reliefs) Order 1992 shall be omitted.
3
1
Article 5 of the Excise Duties (Personal Reliefs) Order 1992 shall be amended as follows.
2
In paragraph (1)–
a
the words “imported for a commercial purpose nor are” shall be omitted; and
b
for the words “such purpose” there shall be substituted the words “a commercial purpose”.
3
In paragraph (2) for the words from the beginning to “for such purpose” there shall be substituted the words “In determining whether or not the condition imposed under paragraph (1) above has been complied with,”.
4
For paragraph (3) there shall be substituted the following:
3
Paragraphs (3A) to (3C) below apply to a person who has in his possession or control any excise goods afforded relief under this Order in excess of any of the quantities shown in the Schedule to this Order.
3A
The Commissioners may require a person to whom this paragraph applies to satisfy them that the excise goods afforded relief under this Order are not being held or used for a commercial purpose.
3B
Where a person fails to satisfy the Commissioners that the excise goods in question are not being held or used for a commercial purpose the condition imposed by paragraph (1) above shall, subject to paragraph (3C) below, be treated as not being complied with.
3C
Paragraph (3B) above shall not apply where a court or tribunal is satisfied that the condition imposed by paragraph (1) has been complied with.
.
Martin Brown
Commissioner of Customs and Excise
10th June 1999


text:
1
This Order may be cited as the Public Telecommunication System Designation (Core Telecommunications Limited) Order 1999 and shall come into force on 7th December 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
28th October 1999


text:
Citation and commencement
1
These Regulations may be cited as the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 and shall come into force on 19th November 1999.
Definitions
2
1
In these Regulations unless the context otherwise requires —
“the consultation bodies” means —
the local planning authority;
the local highway authority;
any principal council for the area in which the site where the project is to be carried out, if not the local planning authority;
and such of the following bodies as are applicable having regard to the place where a project is to be carried out —
in England and Wales, the Environment Agency;
in England, the Countryside Commission and the Nature Conservancy Council for England;
in Wales, the Countryside Council for Wales;
in Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency;
“the Directive” means Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EEC ;
“ EEA State” means a State party to the Agreement on the European Economic Area ;
“environmental impact assessment” means a process which identifies, describes and assesses in an appropriate manner, in the light of each individual case, the direct and indirect effects of a proposed project on —
human beings, flora and fauna;
soil, water, air, climate and the landscape;
material assets and the cultural heritage;
the interaction between the factors referred to in sub-paragraphs (a) to (c) above;
“the Executive” means the Health and Safety Executive ;
“licensee” means a person to whom a nuclear site licence has been granted under the Nuclear Installations Act 1965 whether or not that licence remains in force;
“local planning authority” means, in England and Wales a local planning authority within the meaning of Part I of the Town and Country Planning Act 1990 and in Scotland, a planning authority within the meaning of Part I of the Town and Country Planning (Scotland) Act 1997 ;
“project” means the carrying out of any dismantling or decommissioning work on any nuclear power station or nuclear reactor to which these Regulations apply by virtue of regulation 3(1), but it does not include —
the removal from a power station or reactor of fuel elements, neutron absorption cartridges or control rods carried out in accordance with normal operating procedures; or
the removal of waste from, or decontamination work on, a power station or reactor when such an activity is carried out as part of routine operations not intended to be part of final dismantling or decontamination of that station or reactor;
and for the purposes of this definition dismantling or decommissioning of a nuclear power station or nuclear reactor shall not be treated as having commenced unless plant or equipment is disabled or removed for the purpose of permanently preventing the continued operation of that station or reactor.
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
3
1
These Regulations shall apply to nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).
2
Without prejudice to paragraph (1), save for the purpose of regulation 13 these Regulations shall not apply to the carrying out of dismantling or decommissioning work on a nuclear power station or nuclear reactor commenced prior to the coming into force of these Regulations.
3
These Regulations shall not apply to any project serving national defence purposes.
Consent for dismantling or decommissioning
4
A licensee shall not commence a project unless —
a
he has applied to the Executive for a consent to carry out the project; and
b
a consent to carry out the project has been granted for the purposes of this paragraph by the Executive in accordance with regulation 8(3).
Provision of an environmental statement
5
1
A licensee who applies for a consent under regulation 4(a) shall provide to the Executive an environmental statement, being a statement which —
a
includes such of the information referred to in Part I of Schedule 1 as is reasonably required to assess the environmental effects of the proposed project and which the licensee can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile; and
b
includes at least the information specified in Part II of Schedule 1.
2
The information referred to in paragraph (1) shall be provided to the extent that the information is relevant to —
a
the consent procedure; and
b
the specific characteristics of a particular project or type of project and of the environmental features likely to be affected.
Pre-application opinion as to the content of the environmental statement
6
1
Without prejudice to regulation 5, a licensee who is minded to apply for a consent to carry out a project may request the Executive to state in writing its opinion as to the information to be provided in connection with that application.
2
The Executive shall, if it considers that it has not been provided with sufficient information to give an opinion on a request made under paragraph (1), notify the licensee of the matters in respect of which it requires further information and shall not be required to give an opinion under paragraph (1) until such further information has been provided.
3
The Executive shall not give an opinion in response to a request under paragraph (1) until it has consulted the licensee, the consultation bodies and such other bodies as appear to the Executive to be appropriate having regard to the circumstances of the case, but the Executive shall, subject to paragraph (2), respond to such request within 21 days of the end of the period allowed by the Executive for responding to such consultation.
4
An opinion given for the purposes of paragraph (1) shall not prevent the Executive subsequently requiring the licensee to submit further information.
Provision of information to licensee
7
The Executive and any other consultation body notified that a licensee has made or is proposing to make an application for consent under regulation 4(a) shall, if requested by the licensee or may without such a request, enter into consultation with the licensee to determine whether the body has in its possession any information which the licensee or that body consider relevant to the preparation of an environmental statement and, if it has, the body shall make any such information available to the licensee.
Procedure by the Executive
8
1
Where the Executive receives in relation to a proposed project an application for a consent pursuant to regulation 4(a) it shall —
a
within 21 days of the date of receipt of such application notify the consultation bodies in writing of the name and address of the licensee and of the duty imposed on them by regulation 7 to make information available to the licensee; and
b
inform the licensee of the names and addresses of the bodies notified under sub-paragraph (a) above.
2
Where the Executive is provided with an environmental statement pursuant to regulation 5 it shall —
a
consult the consultation bodies as to the information contained in that statement and for that purpose shall within 21 days of the date of receipt of such statement provide to them the information contained in that statement;
b
require any body consulted under paragraph (1) to respond to the Executive within such reasonable time as the Executive may specify; and
c
send a copy of the environmental statement to the Secretary of State stating whether or not in the opinion of the Executive the project to which the environmental statement relates is likely to have significant effects on the environment in another EEA State.
3
The Executive shall not grant a consent (whether for the purposes of these Regulations or otherwise) in relation to an application to carry out a proposed project unless —
a
there has been carried out an environmental impact assessment which takes into consideration the environmental statement provided under regulation 5;
b
the Executive has taken into account —
i
the assessment carried out pursuant to sub-paragraph (a) above;
ii
the responses of those consulted pursuant to paragraph (2); and
iii
any representations made to it pursuant to sub-paragraph (i) of regulation 9(1); and
c
where paragraph (3) of regulation 12 applies —
i
a period of at least 21 days has elapsed since the end of all periods of consultation agreed pursuant to sub-paragraph (5)(b) of that regulation; and
ii
the Executive has taken into account any responses received by another EEA State pursuant to the provisions of regulation 12.
4
The Executive may, on granting a consent to carry out a project, attach to that consent such conditions as may appear to it to be necessary or desirable in the interests of limiting the impact of that project on the environment.
Publicity
9
1
Within 14 days of sending to the Executive an environmental statement pursuant to regulation 5, the licensee shall cause to be published in one or more newspapers circulating in the locality in which the project is to be carried out and, where required by the Executive, any other newspaper named by the Executive, a notice stating —
a
the name and address of the licensee and that he is the applicant in respect of a consent for a project;
b
the date on which the application was made;
c
the address or location of the site at which the proposed project is to be carried out;
d
that a copy of the application together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;
e
an address (or addresses) in the locality of the power station or reactor at which those documents may be inspected and the latest date on which they will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);
f
an address (or addresses) (whether or not the same as that given under sub-paragraph (e) above) in the locality of the power station or reactor at which copies of the environmental statement may be obtained;
g
that copies may be obtained there so long as stocks last;
h
if a charge is to be made for a copy, the amount of the charge; and
i
that any person wishing to make representations about the application should make them in writing, before the date named in accordance with sub-paragraph (e), to the Executive at a specified address.
2
A copy of the notice required by paragraph (1) shall be provided to the Executive by the licensee within 14 days of the notice being published.
3
The licensee shall ensure that —
a
not less than 5 copies of the application for consent to carry out a project together with 5 copies of the environmental statement are available for inspection by members of the public at all reasonable hours at the address (or addresses) specified in the notice referred to in paragraph (1) pursuant to sub-paragraph (e) of that paragraph; and
b
copies of the environmental statement are available at the address specified in the notice referred to in paragraph (1) pursuant to sub-paragraph (f) of that paragraph on payment of a reasonable charge reflecting printing and distribution costs.
Further information and evidence respecting environmental statements
10
1
Where the Executive receives an application for consent to carry out a project in relation to which the licensee has submitted a statement which he refers to as an environmental statement for the purpose of these Regulations and the Executive is of the opinion that the statement should contain further information in order to be an environmental statement, the Executive shall notify the licensee in writing accordingly and the licensee shall provide that further information, and such information so provided is referred to in these Regulations as “further information”.
2
Paragraphs (3) to (9) shall apply in relation to further information required of a licensee.
3
Within 14 days of providing to the Executive the further information referred to in paragraph (1), the licensee shall cause to be published in one or more newspaper circulating in the locality in which the project is to be carried out and, where requested by the Executive, any other newspaper named by the Executive, a notice stating —
a
the name of the licensee;
b
the date on which the application for consent to carry out the project was made;
c
the address or location of the site at which the proposed project is to be carried out;
d
that further information is available in relation to an environmental statement which has already been provided;
e
that a copy of the further information may be inspected by members of the public at all reasonable hours;
f
an address (or addresses) in the locality of the power station or nuclear reactor at which the further information may be inspected and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);
g
an address (or addresses) (whether or not the same as that given under sub-paragraph (f) above) in the locality of the nuclear reactor or power station at which copies of the further information may be obtained;
h
that copies may be obtained there as long as stocks last;
i
if a charge is to be made for a copy, the amount of the charge;
j
that any person wishing to make representations about the further information should make them in writing, before the date specified in accordance with sub-paragraph (f), to the Executive at a specified address.
4
A copy of the notice required by paragraph (3) shall be provided to the Executive by the licensee within 14 days of the notice being published.
5
The Executive shall send a copy of the further information to each person to whom, in accordance with these Regulations, the statement to which it relates was sent.
6
The Executive may by notice in writing require the licensee to provide such number of copies of the further information as is specified in the notice (being the number required for the purposes of paragraph (5)).
7
Where further information is required to be provided the Executive shall suspend determination of the application and shall not determine it before the expiry of 14 days after the date on which the further information was sent to all persons to whom the statement to which it relates was sent or the expiry of 30 days after the date that notice of it was published in a newspaper in accordance with paragraph (3), whichever is the later.
8
The licensee who provides further information in accordance with paragraph (1) shall ensure that —
a
not less than 5 copies of the information are available for inspection by members of the public at all reasonable hours at the address (or addresses) named in the notice published pursuant to sub-paragraph (f) of paragraph (3) as the address at which such copies may be obtained; and
b
copies of the information are available at the address (or addresses) named in the notice published pursuant to sub-paragraph (g) of paragraph (3) on payment of a reasonable charge reflecting printing and distribution costs.
9
The Executive may in writing require a licensee to produce such evidence as it may reasonably call for to verify any information in his environmental statement.
Information as to decisions
11
Where an application for consent to carry out a project is determined by the Executive, the Executive shall —
a
in writing, inform the licensee and the Secretary of State of the decision;
b
inform the public of the decision by publishing a notice in a newspaper circulating in the locality of the site concerned, or by such other means as are reasonable in the circumstances; and
c
make available for public inspection at all reasonable hours at an office of the Executive nearest to the place where the power station or reactor is situated, and free of charge, a statement containing —
i
the content of the decision and any conditions attached thereto;
ii
the main reasons and considerations on which the decision is based; and
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
Projects likely to have significant effects on the environment in another EEA State
12
1
Where —
a
it comes to the attention of the Secretary of State that a project proposed to be carried out in Great Britain is the subject of an application under regulation 4 and is likely to have significant effects on the environment in another EEA State; or
b
another EEA State likely to be significantly affected by such project so requests,
the Secretary of State shall —
i
send to the EEA State as soon as possible and no later than their date of publication in the London Gazette, or the Edinburgh Gazette as the case may be, referred to in sub-paragraph (ii) below, the particulars mentioned in paragraph (2) and, if he thinks fit, the information referred to in paragraph (3); and
ii
publish the particulars in sub-paragraph (i) above in a notice placed in the London Gazette or, where the project is in Scotland, the Edinburgh Gazette, with an indication of where further information is available; and
iii
give the EEA State a reasonable time in which to indicate whether it wishes to be further consulted in accordance with the provisions of this regulation.
2
The particulars referred to in paragraph (1)(i) are —
a
a description of the project, together with any available information on its possible significant effect on the environment in another EEA State; and
b
information on the nature of the decision which may be taken.
3
Where an EEA State indicates, in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Secretary of State shall as soon as possible send to that EEA State the following information —
a
a copy of the application for consent to carry out the project concerned;
b
a copy of the environmental statement in respect of the project to which that application relates including any further information relating to the project provided pursuant to regulation 10(1); and
c
relevant information regarding the procedure under these Regulations,
but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (1)(i).
4
The Secretary of State in so far as he is concerned shall also —
a
arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and
b
ensure that those authorities and the public concerned are given an opportunity, before consent to the application is granted, to forward to the Secretary of State, within a reasonable time, their opinion on the information supplied.
5
The Secretary of State shall, in accordance with Article 7.4 of the Directive —
a
enter into consultation with the EEA State concerned regarding, inter alia, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and
b
determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.
6
Where an EEA State has been consulted in accordance with paragraph (3), on the determination of the application concerned the Secretary of State shall —
a
send to the Executive within 21 days of receipt any responses made by another EEA State pursuant to consultation under this regulation;
b
inform the EEA State of the decision; and
c
forward to it a statement of —
i
the content of the decision and any conditions attached thereto;
ii
the main reasons and considerations on which the decision is based; and
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.
Change or extension of project
13
1
Where there is a change or extension of —
a
any project in respect of which a consent has been granted pursuant to regulation 4(b); or
b
any project which commenced prior to the coming into force of these Regulations,
which change or extension may have significant adverse effects on the environment, the licensee shall apply to the Executive for a determination as to whether the project shall be made subject to an environmental impact assessment and shall not commence or continue with the project until such determination has been made.
2
In determining for the purpose of paragraph (1) whether an environmental impact assessment is required, the Executive shall have regard to the relevant selection criteria set out in Schedule 2.
3
The licensee shall provide to the Executive such information as it may require to enable the determination referred to in paragraph (1) to be made.
4
Where the Executive determines for the purposes of paragraphs (1) and (2) that an environmental impact assessment is required in respect of the project, regulations 4 to 10 and 12 shall apply as if any reference in those regulations to the project were a reference to the project as so changed or extended.
5
Where the Executive determines for the purposes of paragraphs (1) and (2) that an environmental impact assessment is not required in respect of the project, the Executive shall —
a
in writing, inform the licensee and the Secretary of State of the decision; and
b
inform the public of the decision by publishing a notice in a newspaper circulating in the locality of the site concerned, or by such other means as are reasonable in the cirumstances, stating the main reasons on which the decision is based.
Limitation on disclosure
14
Nothing in these Regulations shall require the disclosure by a body of confidential information which is capable of being treated as confidential or must be so under regulation 4 of the Environmental Information Regulations 1992 .
Recovery of expenses by the Executive
15
1
This regulation applies to any expenses incurred by the Executive which the Executive may determine to be incurred wholly or partly in connection with the carrying into effect of these Regulations and includes any sums paid by the Executive by way of remuneration, allowances or other payments to inspectors appointed under the 1974 Act.
2
Where a licensee has applied for a consent to carry out a project or has requested an opinion pursuant to regulation 4 or 5 respectively, the Executive, in such cases and to such extent as it may appear to it appropriate to do so —
a
shall require the licensee to repay to it so much of any expenses to which this regulation applies as may appear to it to be attributable to dealing with the application or request; and
b
may require the licensee to make to it a payment or payments on account of such liability.
3
A licensee shall comply with any requirement made of him under this regulation.
4
Any liability of a licensee in respect of sums payable by him under this regulation on account of pensions shall, if the Executive so determines, be satisfied by way of contributions calculated at such rate as may be determined by the Treasury, by reference to remuneration.
5
Where a licensee has made a payment under sub-paragraph (2)(b) above on account of an anticipated liability, then if the amount of the liability to which he becomes subject is less than the amount paid under that sub-paragraph, the Executive shall be liable to repay the difference to him.
Enforcement
16
1
Sections 18 to 26 and 33 to 42 of the Health and Safety at Work etc. Act 1974 shall apply to any requirement or prohibition imposed upon any licensee by these Regulations or any requirement imposed upon any person by regulation 7 as if the requirement or prohibition concerned had been imposed by regulations made under section 15 of that Act and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if these Regulations were health and safety regulations for the purposes of that Act.
2
The Health and Safety (Enforcing Authority) Regulations 1998 shall not apply in relation to the enforcement of any requirement or prohibition referred to in paragraph (1) above.
Signed by order of the Secretary of State.
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
19th October 1999


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rent Acts (Maximum Fair Rent) Order 1999 and shall come into force on 1st February 1999.
2
In this Order “the 1977 Act ” means the Rent Act 1977 .
Maximum fair rent
2
1
Where this article applies, the amount to be registered as the rent of the dwelling-house under Part IV shall not, subject to paragraph (5), exceed the maximum fair rent calculated in accordance with the formula set out in paragraph (2).
2
The formula is–
MFR = LR [ 1 + ( x - y ) y + P ]
where–
MFR is the maximum fair rent;
LR is the amount of the existing registered rent for the dwelling-house;
x is the index published in the month immediately preceding the month in which the determination of a fair rent is made under Part IV;
y is the published index for the month in which the rent was last registered under Part IV before the date of the application for registration of a new rent; and
P is 0.075 for the first application for rent registration of the dwelling-house after this Order comes into force and 0.05 for every subsequent application.
3
Where the maximum fair rent calculated in accordance with paragraph (2) is not an integral multiple of 50 pence the maximum fair rent shall be that amount rounded up to the nearest integral multiple of 50 pence.
4
If
( x - y ) y + P
is less than zero the maximum fair rent shall be the existing registered rent.
5
In applying this article no account shall be taken of any variable sum to be included in the registered rent in accordance with section 71(4) of the 1977 Act.
6
Subject to paragraph (7), this article applies where an application for the registration of a new rent in respect of a dwelling-house is made after this Order comes into force and, on the date of that application, there is an existing registered rent under Part IV in respect of that dwelling-house.
7
This article does not apply in respect of a dwelling-house if because of a change in the condition of the dwelling-house or the common parts as a result of repairs or improvements (including the replacement of any fixture or fitting) carried out by the landlord or a superior landlord, the rent that is determined in response to an application for registration of a new rent under Part IV exceeds by at least 15% the previous rent registered or confirmed.
8
For the purposes of this article:
a
references to Part IV are to Part IV of the 1977 Act;
b
“common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided for the occupiers of the dwelling-houses in the building;
c
“index” means the monthly United Kingdom Index of Retail Prices (for all items) published by the Office for National Statistics.
Modification
3
The 1977 Act shall be modified in accordance with the Schedule.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th January 1999
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
8th January 1999


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1999 and shall come into operation on 1st September 1999.
Definitions
2
In these Regulations, unless the context otherwise requires–
“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;
“authority” means a local education authority;
“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations which is an old award ;
“ British Islands ” means the United Kingdom, the Channel Islands and the Isle of Man;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ EEA migrant worker” has the meaning assigned to it in regulation 5;
“ European Community ” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
“ European Economic Area ” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, and the Principality of Liechtenstein;
“European student” means a person who is a national of a member state of the European Community or the child of such a national who has not been ordinarily resident in the British Islands as described in regulation 13(1)(a) and (b) or who is not settled in the United Kingdom as described in regulation 13(1)(c);
“fees only award” means an award bestowed only in respect of fees described in Schedule 1;
“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
…
“high-cost country” means Australia, Austria , Belgium , countries of the Commonwealth of Independent States , Finland , France (excluding Départements-d'Outre Mer) , Germany , Iceland , Indonesia, the Republic of Ireland, Israel , Italy, Luxembourg , the Netherlands , New Zealand and the United States of America;
“higher-cost country” means Denmark , Hong Kong, Japan , the Republic of Korea, Norway , Sweden , Switzerland and Taiwan ;
“independent student” has the meaning assigned to it by regulation 3;
“institution” means an educational institution in the United Kingdom providing further or higher education or both, or providing a course which qualifies for funding under Part I of the Education Act 1994 ;
“maintenance grant” has the meaning assigned to it by regulation 17;
“Metropolitan Police District” means the areas referred to in section 76 of the London Government Act 1963 disregarding any amendment after these Regulations are made ;
“old award” means an award bestowed under previous Awards Regulations which is an old award within the meaning of the Education (Mandatory Awards) Regulations 1998 ;
“overseas institution” means an educational institution outside the United Kingdom providing further or higher education or both;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognized 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 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“transitional award” means an award bestowed under the Education (Mandatory Awards) Regulations 1998 which is a transitional award within the meaning of those Regulations ;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first or the final year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who–
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married for at least two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living; or
e
is irreconcilably estranged from his parents.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which–
a
he was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local;
b
the student was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;
c
the student was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) and (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit; or
d
the student held a State Studentship or comparable award; or
e
the student received any pension, allowance or other benefit paid by reason of a disability to which the student is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person; or
f
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
For the purposes of paragraph (1)(e) a student shall be regarded as irreconcilably estranged from his parents if, but not only if, he has not communicated with either one of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.
4
In this regulation “parent” shall have the same meaning as in Part II of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a Dip HE course, an HND course, a course of initial training for teachers, a course comparable to a first degree course or an international course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
a
In the case of a student who began his course before 1st April 1989 any reference to a course of higher education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force on 31st March 1989;
b
In the case of a student who began his course on or after 1st April 1989, any reference in these Regulations to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
5
For the purposes of these Regulations a course the standard of which is not higher than a first degree course which leads to a qualification as a medical doctor, a dentist, a veterinary doctor, an architect, a landscape architect, a landscape designer, a landscape manager, a town planner or a town and country planner shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority or to a third party in respect of the student by virtue of regulation 24(5).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment for the purposes of the relevant tax legislation (the necessary apportionment being made in any case where the relevant provisions of that legislation change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated for the purposes of regulation 13 as ordinarily resident in England and Wales, in the British Islands or in the European Economic Area, if the authority are satisfied that he would have been so resident at the relevant time but for the fact that he, his spouse, his parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the European Economic Area and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
For the purposes of these Regulations an area which–
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
6
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom–
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement ; or
b
in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
7
Except where the context otherwise requires, in these Regulations any reference to a regulation or a Schedule is a reference to a regulation contained herein or a Schedule hereto and a reference in a regulation or a Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
Subject to paragraph (5) the Education (Mandatory Awards) Regulations 199 8 and The Education (Mandatory Awards) Regulations 1998 (Amendment) Regulations 1998 are hereby revoked.
2
Without prejudice to section 17(2)(b) of the Interpretation Act 1978 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 199 9 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 199 9 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 199 8 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 199 9 under these Regulations had the academic year of his course begun in the autumn of 199 9 .
4
In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 199 9 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 199 8 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 199 9 under these Regulations had the academic year of the course begun in the autumn of 199 9 .
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 (“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).
…
PART II
AWARDS
Duty to bestow an award
7
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 199 9 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 the 31st August 199 9 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 1998 , 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 DipHE 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 old award, or where no award was bestowed an award would have been an old award if it had been bestowed;
b
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 old award, or where no award was bestowed an award would have been an old award if it had been bestowed.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962.
2
A person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of 12 months ending with the date of the beginning of the course shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
3
A person who, apart from this regulation, would be treated by virtue of that paragraph as being ordinarily resident in the area of the authority in which he attends his course as a result of having moved from Scotland, Northern Ireland, the Channel Islands or the Isle of Man to become ordinarily resident in the area of an authority for the purpose of attending his current course or such previous course as is mentioned in regulation 8 of the Education (Areas to which Pupils and Students Belong) Regulations 1996 shall be treated as being ordinarily resident in the place from which he has moved.
No area students
9
A person who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority shall be treated for the purposes of that section as ordinarily resident in the area of the authority in which the institution providing his course is situated.
Designated courses
10
1
The following courses are hereby designated–
a
a first degree course, that is to say–
i
a course provided by a publicly funded institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by the University of Buckingham for a first degree of that university;
iii
an international course, that is to say a course provided by a publicly funded institution in conjunction with an overseas institution for a first degree;
iv
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for a first degree or for the degree of Bachelor of Medicine or an equivalent degree, which is for the time being designated for the purposes of this provision by the Secretary of State;
b
a Dip HE course, that is to say–
i
a course provided by a publicly funded institution for the Diploma of Higher Education;
ii
a course provided by a publicly funded institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
iii
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State;
c
an HND course, that is to say–
i
a course provided by a publicly funded institution for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council;
ii
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council, which is for the time being designated for the purposes of this provision by the Secretary of State;
d
a course of initial training for teachers, that is to say–
i
a full-time course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by a publicly funded institution, or, where a private institution is an eligible institution as defined by section 4(2) of the Education Act 1994 , by a public institution in conjunction with such a private institution, or by such a private institution;
ii
a part-time course of teacher training, involving not less than 3 days' attendance for the purposes of study or teaching practice during each of at least 30 weeks during each year of the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether full-time, part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say–
i
a course of at least three academic years' duration provided by a university or universities for a certificate, diploma, or other academic award; or
ii
a course for the time being designated for the purposes of this provision by the Secretary of State.
2
In this regulation a reference to a publicly funded institution is a reference to an institution or institutions which are maintained or assisted by recurrent grants out of public funds, and a reference to a private institution is a reference to an institution or institutions which are not so maintained or assisted.
3
For the purposes of paragraph (1)(d) a full-time course is a course involving not less than 30 weeks' full-time attendance for the purposes of study or teaching practice during each year of the course, a part-time course is a course involving periods of attendance for those purposes all of which are part-time, and a partly full-time and partly part-time course is any other course.
4
In paragraphs (1)(d)(ii) and (3) in relation to a course provided at the University of Oxford or Cambridge a reference to a period of 30 weeks shall have effect as a reference to a period of 25 weeks.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that–
a
an application in writing reaches the authority not later than four months after the date of the beginning of the course; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned–
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, not later than four months after the date of the beginning of the course, it has not become a designated course and the application reaches the authority not later than four months after the date on which it becomes a designated course;
c
in the case of a person who becomes a European student as a result of the accession of the State of which he is a national to the European Community, where the application reaches the authority not later than four months after the date of the accession;
d
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority not later than four months after the date on which the refugee was recognized as a refugee; or
e
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
2
Subject to paragraphs (4), (5) and (7) an authority shall not be under a duty to bestow an award on any person where he has previously attended–
a
a course designated under regulation 10(1)(a); or
b
one or more courses of higher education the aggregate duration of which exceeds two academic years (a part-time course being treated as its full-time equivalent).
3
An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by or under regulation 10(1)(b) or (c) if he has previously attended any other course designated by or under regulation 10(1).
4
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person in respect of his attendance at–
a
a postgraduate course for the initial training of teachers unless he has–
i
previously attended such a course, or
ii
successfully completed a course for the degree of Bachelor of Education (or a comparable first degree or award of an institution or the Council for National Academic Awards) which is referred to in paragraph (6);
b
a course for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution or the Council for National Academic Awards) the duration of which does not exceed two years and which is referred to in paragraph (6) unless he has previously attended–
i
such a course, whether or not its duration exceeded two years, or
ii
a postgraduate course for the initial training of teachers;
c
a full-time course of initial training as a teacher of one year’s duration, or a comparable part-time course, not within sub-paragraphs (a) or (b), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or a comparable course outside England and Wales.
6
A course is referred to in this paragraph if the successful completion of it resulted or results in the person completing it being a qualified teacher within the meaning of section 218(2)(a) of the Education Reform Act 1988 .
7
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person who–
a
attends a course having previously attended a designated course in respect of which he received payments of the kind described in regulation 23 in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of the courses referred to therein; and
b
has not attended any other course of higher education;
provided that the requirements of regulation 14(1)(a) or (b) are satisfied, the payments referred to in sub-paragraph (a) above being treated as an award bestowed in respect of a course.
8
In this regulation any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience.
9
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
10
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for a period longer than twenty weeks; and it is hereby declared that any reference to a person having attended a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
11
For the purposes of this regulation where an award has been transferred under regulation 14 the student on whom the award has been bestowed shall be treated as having attended only the new course, and the duration of that course shall be treated as the aggregate of the period spent following the previous course and the period which the student in question would ordinarily require for the completion of the new course, in the case of either course being a sandwich course ignoring any periods of experience.
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course if–
a
he has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in paragraph (3), who has not been so resident in the European Economic Area; or
b
his residence in the British Islands or, in the case of such a person as is mentioned in paragraph (3), in the European Economic Area, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
he is not settled in the United Kingdom within the meaning of the Immigration Act 1971 at the beginning of the first year of the course in question, unless he is such a person as is mentioned in paragraph (3); or
d
he has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Paragraph (1)(a) to (c) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognized as a refugee, or in the case of the spouse or child of such a refugee, and paragraph (1)(c) shall not apply in the case of a person who–
a
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom,
b
has been granted leave to enter or remain accordingly, and
c
has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain
or in the case of the spouse or child of such a person.
3
The person referred to in paragraph (1)(a) to (c) is–
a
a European student,
b
an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement , or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3);
c
the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse, or
d
the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the above mentioned Council Regulation, or where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12.
4
In paragraph (3), “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.
…
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where–
a
on the recommendation of the academic authority the student commences to attend another course at the institution;
b
with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the student commences to attend a course at another institution;
c
after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or
e
after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.
2
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (b) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
3
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that–
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
if the student does not complete the course within the period ordinarily required, the authority–
may extend the award until the student has completed the course, and
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate an award if they are satisfied that the student has either–
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
1
Subject to regulations 16, 20, 21, 22, 23, 25 and 26, the authority shall in respect of each year pay in pursuance of an…award–
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1, less–
i
the amount if any by which the student’s resources exceed his requirements for the purposes of regulation 18(1) (whether or not a maintenance grant is calculated under sub-paragraph (b)), or
ii
the amount of any income referred to in paragraph 1(1)(b) of Schedule 3 which is not disregarded under that paragraph,
whichever is the less;
b
where the award is a full award, in respect of maintenance a sum calculated in accordance with regulation 18…
2
The aggregate of any sums paid in respect of maintenance shall be called the “maintenance grant”, and so much of the maintenance grant as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of grant
18
1
Subject to paragraph (2) the sum mentioned in paragraph 17(1)(b)… shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount–
a
the requirements of the student shall be taken to be the aggregate of…the amounts specified in Schedule 2 other than those specified in paragraph 9 and 10 as are applicable in his case…
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
2
There shall be added to the sum referred to in regulation 17(1)(b) the amount of any supplementary requirements of the student specified in paragraphs 9 and 10 of Schedule 2, less such part of any amount subtracted in accordance with regulation 17(1)(a) as is not required to reduce the amount payable in respect of fees to nil.
3
This regulation and Schedules 2 and 3 shall have effect–
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof; and
b
where regulation 20 applies, subject as therein provided.
…
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless–
a
the student is a member of a religious order and regulation 21 applies; or
b
the course is a course for the initial training of teachers designated under regulation 10(1)(d).
2
For the purpose of calculating payments under regulation 17 in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no payments in respect of maintenance shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
The payment in respect of maintenance under regulation 17(1)(b) in the case of a student upon whom an old award has been bestowed shall be the sum specified as appropriate in paragraph (3) or (4):
Provided that–
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum otherwise payable in respect of maintenance and no payment shall be made in respect of a year which includes no periods of full-time study;
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £710 .
4
In the case of any other student, the appropriate sum shall be £975 except that, where he is attending a course–
a
at the University of London, or
b
at an institution within the area comprising the City of London and the Metropolitan Police District,
it shall be £1,225 and where he is attending a course in a country outside the United Kingdom it shall be–
…
£1,410 if that country is a higher-cost country;
£1,060 if that country is a high-cost country; and
£865 in any other case.
…
Courses of teacher training
22
1
This regulation shall apply–
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time course designated under the said sub-paragraph (d)(iii),
unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(1)(b)…shall be a grant equal to three-quarters of the sum otherwise payable.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(1)(b)…shall be–
a
in a year in which the student’s periods of attendance are all periods of full-time attendance or in which his aggregate period of full-time attendance is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of attendance are all periods of part-time attendance, in the case of an old award, the sum of £325…;
c
in any other year, a sum equal to the aggregate of–
i
the proportion of the maintenance grant which the student’s aggregate period of full-time attendance in the year, expressed in weeks, bears to 30, and
ii
in the case of an old award the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher,…paragraph (3) shall have effect except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17 should be £90…;
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to–
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week, and “attendance” means attendance for the purposes of study or teaching practice.
Assisted Students
…
23
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17 shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 , in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy, radiography, midwifery, speech and language therapy, chiropody, dietetics or prosthetics and orthotics…
Method of payment
24
1
Subject to paragraphs (2) to (6), the authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
Subject to paragraphs (3) and (4), the authority shall pay such fees as are described in Schedule 1 promptly when a valid request for payment in respect thereof has been received.
3
Fees described in paragraph (i), (ii), (iv), (v), (vi) and (viii) …of Schedule 1 shall be paid during the period of 10 weeks which begins after the expiry of 3 months from the beginning of the year.
4
Fees described in paragraphs (iii) and (vii)…of Schedule 1 shall be paid in the number of instalments mentioned therein after the first dates on which the student is required to attend his course after 1st January, 1st April, 1st July and 1st September respectively, beginning with a payment after the first date on which he is required to attend after the beginning of the year of the course, and continuing with payments after the next such first dates on which he is required to attend, until all the instalments which are payable for the year have been paid.
5
All payments shall be made to the student, except–
a
payment of the fees described in Schedule 1 may be made to the academic authority, and
b
where amounts specified in paragraph 9 or 10 of Schedule 2 are payable to him on his written instruction payment in respect of his maintenance grant may be made to a third party.
6
Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Reduced entitlement to payments
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17 but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who–
a
has previously attended a course of higher education being–
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1), or
ii
a course of two academic years' duration, in the case of one not so designated, or
b
has previously successfully completed a part-time course corresponding to such a course as is mentioned above
(“the previous course”), and who holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course of more than one year’s duration (“the current course”).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution) and a subject thereof is–
a
physics, chemistry or biology (or a combination of those subjects); or
b
mathematics; or
c
design and technology; or
d
information technology; or
e
a modern foreign language or languages; or
f
Welsh; or
g
religious education; or
h
music; or
i
geography; or
j
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies, the authority shall only be required to make payments under regulation 17 in pursuance of the award in respect of the current course–
a
where that course is not more than two years' duration, in respect of the final year of the student’s course;
b
where that course is of a greater number of years' duration, in respect of that number less two of the final years of the student’s course;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17 as aforesaid.
5
In paragraphs (2) and (4) any reference–
a
to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience;
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(9) and (10).
6
Where the authority have come under a duty to bestow an award on a person during a year because he has become–
a
a European student as a result of the accession of the State of which he is a national to the European Community, or
b
a refugee, or the spouse or child of a refugee, as a result of the recognition of him, or his spouse or parent, as a refugee,
they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 17 the amounts referred to in paragraph (7).
7
The amounts to be deducted under paragraph (6) are–
a
from the sum payable in respect of fees under regulation 17 any amount payable before the date on which the student became a European student or the refugee was recognized as a refugee, and
b
from the sum or grant payable in respect of maintenance under regulation 17 the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).
8
Where an award has been transferred by the authority under regulation 14(1)(a) or (b) and–
a
the requisite recommendation or consent to the transfer is given after the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed (“the previous course”), and
b
the authority are not satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent was given after the expiry of the period specified in sub-paragraph (a) was due only to the need to apply through a clearing admission system, and
c
the authority are satisfied, after consulting the academic authority or authorities concerned, that the period which the student in question will ordinarily require for the completion of the course which he now attends (“the current course”) will expire later than the period which he would have required for the completion of the previous course
then the authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (9).
9
The period referred to in paragraph (8) is the period which begins on the first day the student attends the current course and which ends after the number of weeks mentioned in paragraph (10).
10
The number of weeks referred to in paragraph (9) is the difference between the number of weeks from the beginning of the current course which the student in question will ordinarily require to complete it and the number of weeks from the same date which he would have required to complete the previous course.
11
Where an award has been transferred under regulation 14(1)(c) or (d) so as to be held in respect of a student’s attendance at a course for the degree of Bachelor of Education (“the current course”) if the period which the student in question would ordinarily require for the completion of the current course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held (“the overall period of study”), exceeds–
a
five years where the current course is for the honours degree of Bachelor of Education; or
b
four years where the current course is for that degree not being an honours degree
(“the prescribed period of study”) then the authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (12).
12
The period referred to in paragraph (11) is the period beginning on the first day on which the student attends the current course and continues for the number of weeks mentioned in paragraph (13).
13
The number of weeks referred to in paragraph (12) is the number of weeks by which the overall period of study exceeds the prescribed period of study.
14
In determining the period ordinarily required to complete a course for the purposes of paragraph (8), (10) or (11) there shall be included vacations, and any period until the end of the final year of the course, but there shall be ignored–
a
in each case, periods of experience which are part of a sandwich course, and
b
in the case of the previous course any period during which the student would now be required by the academic authority to repeat part of the course, if the authority would not make any payments for maintenance in respect of that period under paragraph (1).
15
For the purposes of paragraphs (8) and (11) a payment is due in respect of the period mentioned in paragraphs (9) and (12) respectively if it is–
a
any instalment or other payment on account of fees becoming payable under regulation 17 during that period; or
b
a sum or grant payable, or the proportion of a sum or grant payable, in respect of maintenance under regulation 17 which relates to that period.
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20, 21, or 22.
2
No payment shall be made in respect of fees if–
a
before the date on which the fees become payable the student ceases to attend the course, and
b
the academic authority has determined or agreed that he will not commence attending again during the year in respect of which the fees are payable, or at all.
3
In respect of any period–
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment in respect of maintenance otherwise due in pursuance of the award shall be reduced by the sum mentioned in paragraph (5).
4
In respect of any other period being–
a
a period during which a student is absent from his course (other than a period of not more than 60 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment in respect of maintenance otherwise due in pursuance of the award by such amount, not exceeding the sum mentioned in paragraph (5), as having regard to all relevant circumstances they consider appropriate.
5
The sum referred to in paragraphs (3) and (4) is the aggregate of–
a
the maintenance grant calculated under regulation 18(1) multiplied by the number of days for which the period in question lasted divided by number of days in respect of which the grant is payable for the year; and
b
such portion of the maintenance grant calculated under regulation 18(2) as the authority consider appropriate.
6
In determining the number of days for which the period in question lasted under paragraph (5) the authority shall disregard the first 60 days of any period of absence due to illness.
George Mudie
Parliamentary Under Secretary of State,
Department for Education and Employment
26th May 1999