text:
PART 1 GENERAL
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 and come into force on 1st September 2007.
2
In these Regulations —
“Fees Regulations” means the Education (Fees and Awards) (England) Regulations 2007 ;
“QCP Regulations” means the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 ;
“SSR 2007” means the Education (Student Support) Regulations 2007 .
Amendment to the Fees Regulations, QCP Regulations and SSR 2007
3
The Fees Regulations are amended in accordance with Part 2.
4
The QCP Regulations are amended in accordance with Part 3.
5
The SSR 2007 are amended in accordance with Part 4.
PART 2 AMENDMENTS TO THE FEES REGULATIONS
Amendment of regulation 2 of the Fees Regulations
6
In regulation 2 of the Fees Regulations —
a
in paragraph (4) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”;
b
after paragraph (7), insert —
8
For the purposes of these Regulations a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands.
.
Amendment of Schedule 1 to the Fees Regulations
7
In Schedule 1 to the Fees Regulations —
a
in paragraph 3(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
b
for paragraph 6, substitute —
6
1
A person who —
a
is —
i
an EEA migrant worker or an EEA self-employed person;
ii
a Swiss employed person or a Swiss self-employed person;
iii
a family member of a person mentioned in paragraph (i) or (ii);
iv
an EEA frontier worker or an EEA frontier self-employed person;
v
a Swiss frontier employed person or a Swiss frontier self-employed person; or
vi
a family member of a person mentioned in paragraph (iv) or (v);
b
subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
c
has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.
2
Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.
;
c
in paragraph 7(b) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
d
in paragraph 8(1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
e
in paragraph 9(1) —
i
for paragraph (c), substitute —
c
has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and
;
ii
omit paragraph (d);
iii
in paragraph (e) for “paragraphs (c) and (d)”, substitute “paragraph (c)”;
f
in paragraph 10(1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
g
in paragraph 11(c) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
h
in paragraph 12(c) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”.
PART 3 AMENDMENTS TO THE QCP REGULATIONS
Amendment of the Schedule to the QCP Regulations
8
In the Schedule to the QCP Regulations —
a
in paragraph 1 —
i
in sub-paragraph (3) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”;
ii
after sub-paragraph (5), insert —
6
For the purposes of this Schedule a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands;
b
in paragraph 3(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
c
for paragraph 6, substitute —
6
1
A person who —
a
is —
i
an EEA migrant worker or an EEA self-employed person;
ii
a Swiss employed person or a Swiss self-employed person;
iii
a family member of a person mentioned in paragraph (i) or (ii);
iv
an EEA frontier worker or an EEA frontier self-employed person;
v
a Swiss frontier employed person or a Swiss frontier self-employed person; or
vi
a family member of a person mentioned in paragraph (iv) or (v);
b
subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
c
has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.
2
Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.
;
d
in paragraph 7(b) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
e
in paragraph 8(1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
f
in paragraph 9(1) —
i
for paragraph (c), substitute —
c
has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and
;
ii
omit paragraph (d);
iii
in paragraph (e) for “paragraphs (c) and (d)”, substitute “paragraph (c)”;
g
after paragraph 9, insert —
9A
1
A person who —
a
is an EC national other than a United Kingdom national on the first day of the first academic year of the course;
b
is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and
d
in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).
2
Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.
;
h
in paragraph 10(c) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;
i
in paragraph 11(c) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”.
PART 4 AMENDMENTS TO THE SSR 2007
Amendment of regulation 2 to the SSR 2007
9
In regulation 2 of the SSR 2007 —
a
after the definition of “current course”, insert —
“current distance learning course” means the designated distance learning course in respect of which a person is applying for support;
;
b
after the definition of “designated course”, insert —
“designated distance learning course” means a course designated by the Secretary of State under regulation 109C;
;
c
after the definition of “designated postgraduate course”, insert —
“disabled distance learning students’ allowance” means the grant payable under regulation 109H;
;
d
after the definition of “electronic signature”, insert —
“eligible distance learning student” has the meaning given in regulation 109A;
;
e
in the definition of “period of eligibility” after “eligible student,”, insert “in regulation 109D in relation to an eligible distance learning student,”.
Amendment of regulation 5 of the SSR 2007
10
In regulation 5 of the SSR 2007 —
a
after paragraph (6)(a), insert —
aa
a designated course and a designated distance learning course;
;
b
for paragraph (11), substitute —
11
Where —
a
the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was —
i
an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or
ii
a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
b
as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.
;
c
for paragraph (12), substitute —
12
Where —
a
the Secretary of State determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was —
i
an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or
ii
a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.
.
Amendment of regulation 6 of the SSR 2007
11
In regulation 6 of the SSR 2007 —
a
in paragraph (1) —
i
for “paragraphs (2) and (3)”, substitute “paragraphs (2), (3) and (3A)”;
ii
after sub-paragraph (b), insert —
bb
not designated under regulation 109C;
;
b
after paragraph (3), insert —
3A
Paragraph (1)(bb) does not apply where the person applying for support in connection with the course is —
a
a disabled student; and
b
undertaking that course in the United Kingdom but not in attendance because he is unable to attend for a reason which relates to his disability.
.
Amendment of regulation 7 of the SSR 2007
12
In regulation 7(4)(a) of the SSR 2007 after “regulation 8”, insert “, regulation 109M, regulation 109N”.
Amendment of regulation 29 of the SSR 2007
13
In regulation 29 of the SSR 2007 —
a
for paragraph (5), substitute —
5
In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of —
a
£2,195; and
b
the fees payable by the student in connection with that year.
;
b
for paragraph (6), substitute —
6
In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of —
a
£4,455; and
b
the fees payable by the student in connection with that year.
.
Amendment of regulation 34 of the SSR 2007
14
In regulation 34 of the SSR 2007 —
a
in paragraph (1) after “compressed degree course”, insert “or a designated distance learning course”;
b
in paragraph (2)(b) after “attendance on”, insert “or, in the case of a designated distance learning course, undertaking”.
Amendment of regulation 39 of the SSR 2007
15
After regulation 39(1)(a), insert —
aa
disabled students’ allowance;
.
Amendment of regulation 40 of the SSR 2007
16
For regulation 40 of the SSR 2007, substitute —
40
An eligible student qualifies for a grant to assist with the additional expenditure which the Secretary of State is satisfied that he is obliged to incur in connection with his attendance on a designated course by reason of a disability to which he is subject.
.
Amendment of regulation 41 of the SSR 2007
17
In regulation 41(4)(a) of the SSR 2007 for “undertakes”, substitute “attends”.
Amendment of regulation 47 of the SSR 2007
18
In regulation 47(1) of the SSR 2007 —
a
at the beginning of sub-paragraph (a), insert “subject to sub-paragraph (m),”;
b
in sub-paragraph (g) for “and (k)”, substitute “, (k) and (l)”;
c
after sub-paragraph (d), insert —
da
“dependent child” means, in relation to an eligible student, a child dependent on the student;
;
d
after sub-paragraph (k), insert —
l
for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means —
i
the spouse of an eligible student’s partner;
ii
the civil partner of an eligible student’s partner;
iii
where the eligible student began the specified designated course on or after 1st September 2000, a person ordinarily living with an eligible student’s partner as if he were his spouse;
iv
where the eligible student began the specified designated course on or after 1st September 2005, a person ordinarily living with an eligible student’s partner as if he were his civil partner;
m
subject to sub-paragraph (n), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if he is satisfied that the adult person or child —
i
is not dependent on —
aa
the eligible student; or
bb
his partner; but
ii
is dependent on the eligible student and his partner together.
n
the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (m), if A is —
i
the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student’s partner is separated); or
ii
the former partner of the eligible student’s partner.
.
Insertion of a new Part in the SSR 2007
19
After regulation 109 of the SSR 2007, insert —
PART 10A SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES
Eligible distance learning students
109A
1
An eligible distance learning student qualifies for support in connection with his undertaking a designated distance learning course subject to and in accordance with this Part.
2
Subject to paragraph (3), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing his application for support the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
3
A person is not an eligible distance learning student if —
a
subject to paragraph (4), there has been bestowed on him or paid to him in connection with the distance learning course —
i
a healthcare bursary whether or not the amount of such bursary is calculated by reference to his income;
ii
any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992; or
iii
a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to his income;
b
he is in breach of any obligation to repay any loan;
c
he has reached the age of 18 and has not ratified any agreement for a loan made with him when he was under the age of 18;
d
he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support; or
e
subject to paragraph (5), he is a prisoner serving a custodial sentence.
4
Paragraph (3)(a) does not apply if —
a
the person applying for support is a disabled student; and
b
there has been bestowed on him or paid to him in connection with the distance learning course —
i
a healthcare bursary the amount of which is calculated by reference to his income; or
ii
a Scottish Healthcare Allowance whether or not the amount of such allowance is calculated by reference to his income.
5
Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.
6
For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under the student loans legislation.
7
In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made —
a
before 25th September 1991; and
b
with the concurrence of the borrower’s curator or at a time when he had no curator.
8
Despite paragraphs (2) and (3) and subject to paragraphs (11) to (13), a person is an eligible distance learning student for the purposes of this Part if he satisfies the conditions in paragraph (9) or (10).
9
The conditions in this paragraph are —
a
the person qualified as an eligible distance learning student in connection with an earlier academic year of the current designated distance learning course pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
b
the person was not ordinarily resident in Wales on the first day of the current designated distance learning course; and
c
the person’s status as an eligible distance learning student has not terminated.
10
The conditions in this paragraph are —
a
the Secretary of State has previously determined that the person is —
i
an eligible student in connection with a designated course;
ii
an eligible distance learning student in connection with a designated distance learning course other than the current distance learning course; or
ii
an eligible part-time student in connection with a designated part-time course;
b
the person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act;
c
the person was not ordinarily resident in Wales on the first day of the first academic year of the course referred to in sub-paragraph (a); and
d
the person’s status as an eligible distance learning student has not terminated.
11
Where —
a
the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which his status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and
b
as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which he is applying for support.
12
Where —
a
the Secretary of State determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which his status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and
b
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which he is applying for support.
13
Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Secretary of State determined that he was an eligible student or eligible part-time student, as the case may be, before 1st September 2007.
14
An eligible distance learning student may not, at any one time, qualify for support for —
a
more than one designated distance learning course;
b
a designated distance learning course and a designated course;
c
a designated distance learning course and a designated part-time course;
d
a designated distance learning course and a designated postgraduate course.
Students becoming eligible during the course of the academic year
109B
1
Where one of the events listed in paragraph (4) occurs in the course of an academic year —
a
a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
b
a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
2
Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year —
a
a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and
b
a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
3
Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year —
a
a student may qualify for disabled distance learning students’ allowance in respect of that academic year in accordance with this Part; and
b
disabled distance learning students’ allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
4
The events are —
a
the student’s course becomes a designated distance learning course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;
c
a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
d
the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
e
the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
f
the student acquires the right of permanent residence;
g
the student becomes a person described in paragraph 6(1)(a) of Schedule 2;
h
the student becomes the child of a Swiss national; or
i
the student becomes the child of a Turkish worker.
Designated distance learning courses
109C
1
A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 109A if it is designated by the Secretary of State under this regulation.
2
Subject to paragraph (4), the Secretary of State may designate a course under this regulation if in his opinion —
a
the course is mentioned in Schedule 3 other than a course for the initial training of teachers;
b
the course is a full-time course;
c
the course is of at least one academic year’s duration; and
d
students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.
3
For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Secretary of State may disregard —
a
any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of —
i
registration or enrolment;
ii
an examination;
b
any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;
c
any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.
4
The Secretary of State may not designate a course as a designated distance learning course if —
a
it falls within paragraph 7 or 8 of Schedule 3; and
b
the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.
Period of eligibility
109D
1
A student retains his status as an eligible distance learning student in connection with a designated distance learning course until the status terminates in accordance with this regulation and regulation 109A.
2
The period for which an eligible distance learning student retains his status is the “period of eligibility”.
3
Subject to the following paragraphs and regulation 109A, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.
4
The period of eligibility terminates when the eligible distance learning student —
a
withdraws from his designated distance learning course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert his status under regulation 109L, regulation 109M, regulation 109N, regulation 109O or regulation 123; or
b
abandons or is expelled from his designated distance learning course.
5
The Secretary of State may terminate the period of eligibility where the eligible distance learning student has shown himself by his conduct to be unfitted to receive support.
6
If the Secretary of State is satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as he considers appropriate in the circumstances —
a
terminate the period of eligibility;
b
determine that the student no longer qualifies for any particular support or particular amount of support;
c
treat any support paid to the student as an overpayment which may be recovered under regulation 109R.
7
Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Secretary of State may, at any time, renew or extend the period of eligibility for such period as he determines.
Support for distance learning courses
109E
1
For the purposes of this regulation, the support available is —
a
a grant in respect of fees not exceeding the lesser of the following amounts —
i
£1,150; and
ii
the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; and
b
a grant not exceeding £250 for books, travel and other expenditure in connection with the designated distance learning course.
2
An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
3
An eligible distance learning student does not qualify for support under this regulation if —
a
he is a disabled student; and
b
there has been bestowed on him or paid to him in connection with the designated distance learning course —
i
a healthcare bursary the amount of which is calculated by reference to his income; or
ii
a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to his income.
4
An eligible distance learning student does not qualify for support under this regulation unless the Secretary of State considers that he is undertaking the designated distance learning course in England.
5
An eligible distance learning student does not qualify for support under this regulation if he has undertaken one or more distance learning courses for eight academic years in aggregate and he has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).
6
The loans and grants are —
a
a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act;
b
a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or
c
a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.
7
An eligible distance learning student does not qualify for support under this regulation if he holds a first degree from an educational institution in the United Kingdom.
8
For the purposes of paragraph (7), a degree is not to be treated as a first degree where —
a
it is a degree (other than an honours degree) that has been awarded to an eligible distance learning student who has completed the required modules, examinations or other forms of assessment for his first degree course; and
b
the eligible distance learning student is registered to continue the course at the same educational institution after the award of his degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.
Amount of support
109F
1
Subject to paragraph (2) and regulation 109L(6), the amount of support payable in respect of an academic year is as follows —
a
the maximum amount of support available under regulation 109E(1) is payable if at the date of his application the eligible distance learning student or his partner is entitled —
i
under Part VII of the Social Security Contributions and Benefits Act 1992 to income support, housing benefit or council tax benefit; or
ii
under Part 1 of the Jobseekers Act 1995 to income–based jobseeker’s allowance or under section 2 of the Employment and Training Act 1973 to an allowance under the arrangements known as the New Deal;
b
where the relevant income is less than £15,700, the maximum amount of support available under regulation 109E(1) is payable;
c
where the relevant income is £15,700, the maximum amount of support available under regulation 109E(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109E(1)(a);
d
where the relevant income exceeds £15,700 but is less than £23,680, the maximum amount of support available under regulation 109E(1)(b) is payable and the amount of support payable under regulation 109E(1)(a) is the amount determined in accordance with paragraph (2);
e
where the relevant income is £23,680, the maximum amount of support available under regulation 109E(1)(b) is payable and the amount of support payable under regulation 109E(1)(a) is £50;
f
where the relevant income exceeds £23,680 but is less than £24,280, the maximum amount of support available under regulation 109E(1)(b) is payable and no support is payable under regulation 109E(1)(a);
g
where the relevant income is £24,280 or more but less than £26,180, no support is available under regulation 109E(1)(a) and the amount of support payable under regulation 109E(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109E(1)(b) £1 for every complete £9.50 by which the relevant income exceeds £24,280;
h
where the relevant income is £26,180, no support is payable under regulation 109E(1)(a) and the amount of support payable under regulation 109E(1)(b) is £50;
i
where the relevant income exceeds £26,180, no support is payable under regulation 109E(1).
2
Where paragraph (1)(d) applies, the amount of support payable under regulation 109E(1)(a) is determined by deducting from the maximum amount of support available under regulation 109E(1)(a) one of the following amounts —
a
£50 plus a further £1 for each complete £7.60 by which the relevant income exceeds £15,700; or
b
where the actual fees are less than £1,150, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,150 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109E(1)(a) is payable).
Interpretation of regulation 109F
109G
1
For the purposes of regulation 109F —
a
subject to sub-paragraph (b), “partner” means any of the following —
i
the spouse of an eligible distance learning student;
ii
the civil partner of an eligible distance learning student;
iii
a person ordinarily living with an eligible distance learning student as if he were his spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which he is being assessed for support and where he began the specified designated distance learning course before 1st September 2005;
iv
a person ordinarily living with an eligible distance learning student as if he were his spouse or civil partner where an eligible distance learning student begins the specified designated distance learning course on or after 1st September 2005;
b
a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if —
i
in the opinion of the Secretary of State, that person and the eligible distance learning student are separated; or
ii
the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student;
c
“relevant income” has the meaning given in paragraph (2).
2
Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to his financial resources in the preceding financial year less —
i
£2,000 in respect of his partner;
ii
£2,000 in respect of the only or eldest child who is dependent on the student or his partner; and
iii
£1,000 in respect of each other child who is dependent on the student or his partner.
3
Where the Secretary of State is satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than his financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, he may assess that student’s financial resources by reference to those resources in the current financial year.
4
In this regulation, an eligible distance learning student’s financial resources in a financial year means the aggregate of his income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner.
5
In this regulation —
a
“child” in relation to an eligible distance learning student includes any child of his partner and any child for whom he has parental responsibility;
b
“current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support;
c
“dependent” means wholly or mainly financially dependent;
d
“financial year” means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;
e
“income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;
f
“preceding financial year” means the financial year immediately preceding the current financial year;
g
“specified designated distance learning course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Secretary of State from a distance learning course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible distance learning student pursuant to regulations made under section 22 of the 1998 Act, the specified designated distance learning course is the initial course.
Disabled distance learning students’ allowance
109H
1
An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Secretary of State is satisfied he is obliged to incur by reason of a disability to which he is subject in respect of his undertaking a designated distance learning course.
2
An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
3
An eligible distance learning student does not qualify for the grant under this regulation in respect of any academic year that is a bursary year.
4
An eligible distance learning student does not qualify for the grant under this regulation unless the Secretary of State considers that he is undertaking the designated distance learning course in England.
5
Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances.
6
The amount of the grant under this regulation must not exceed —
a
£12,420 in respect of an academic year for expenditure on a non-medical personal helper;
b
£4,905 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
c
the additional expenditure incurred —
i
within the United Kingdom for the purpose of attending the institution;
ii
within or outside the United Kingdom for the purpose of attending, as a part of his course, any period of study at an overseas institution or for the purpose of attending the Institute;
d
£1,640 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.
Applications for support
109I
1
A person (the “applicant”) must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Secretary of State an application in such form as the Secretary of State may require.
2
The application must be accompanied by —
a
a declaration completed by the academic authority; and
b
such additional documentation as the Secretary of State may require.
3
The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether the applicant is an eligible distance learning student, whether he qualifies for support and the amount of support payable, if any.
4
The Secretary of State must notify the applicant of whether he qualifies for support and, if he does qualify, the amount of support payable in respect of the academic year, if any.
5
The general rule is that the application must reach the Secretary of State within a period of six months beginning with the first day of the academic year of the course in respect of which it is submitted.
6
The general rule does not apply where —
a
one of the events listed in paragraph (4) of regulation 109B occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of six months beginning with the day on which the relevant event occurred;
b
the applicant is applying for the disabled distance learning students’ allowance, in which case the application must reach the Secretary of State as soon as is reasonably practicable; or
c
the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as he specifies.
Declarations provided by academic authorities
109J
1
Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Secretary of State to accompany the application for support.
2
An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
3
In this Part, “declaration” means —
a
where the applicant is applying for support in connection with the designated distance learning course for the first time, a statement that —
i
provides the course information; and
ii
confirms that the applicant has undertaken at least two weeks of the designated distance learning course;
b
in any other case, a statement that —
i
provides the course information; and
ii
confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which he is applying for support.
4
In this regulation, “course information” means —
a
the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;
b
certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in England; and
c
in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than he is unable to attend a designated course for a reason which relates to his disability.
Information
109K
Schedule 4 deals with the provision of information.
Transfer of status
109L
1
Where an eligible distance learning student transfers to another distance learning course, the Secretary of State must transfer the student’s status as an eligible distance learning student to that course where —
a
he receives a request from the eligible distance learning student to do so;
b
he is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
c
the period of eligibility has not terminated.
2
The grounds for transfer are —
a
the eligible distance learning student starts to undertake another designated distance learning course at the institution;
b
the eligible distance learning student starts to undertake a designated distance learning course at another institution; or
c
after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution.
3
Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies in respect of the academic year of the course from which he transfers.
4
The Secretary of State may re-assess the amount of support payable after the transfer.
5
An eligible student who transfers under paragraph (1) after the Secretary of State has determined his support in connection with the academic year of the course from which he is transferring but before he completes that year may not apply for another grant under regulation 109E(1)(b) or regulation 109H in connection with the academic year of the course to which he transfers.
6
Where a student transfers under paragraph (1), the maximum amount of support under regulation 109E(1)(a) in respect of the academic years to and from which he transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 109E.
Conversion of status – eligible students not in attendance on a designated course
109M
1
Where the Secretary of State determined before 1st September 2007 that a student —
a
is an eligible student; but
b
as he is undertaking but not in attendance, or treated as being in attendance, on a designated course —
i
qualifies only for disabled students’ allowance in connection with that course; or
ii
does not qualify for any support under Parts 4 to 6 in connection with that course,
the Secretary of State must convert his status to that of an eligible distance learning student in accordance with this regulation.
2
The Secretary of State must convert the status of an eligible student to whom paragraph (1) applies to that of an eligible distance learning student where —
a
he is satisfied that the student is undertaking a designated distance learning course in England; and
b
the period of eligibility has not terminated.
3
The Secretary of State must determine, in accordance with this Part, the amount of support payable under regulation 109E in respect of the current academic year to a student whose status is converted under paragraph (2).
4
The following applies to a student who falls within paragraph (1)(b)(i) and whose status is converted under paragraph (2) —
a
where the Secretary of State has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 (“the previous amount”) in respect of the current academic year, no payment in respect of that amount of grant must be made on or after 1st September 2007;
b
the maximum amount of disabled distance learning students’ allowance to which the student is entitled in connection with his undertaking a designated distance learning course in the current academic year is the greater of the following amounts —
i
the previous amount; and
ii
the “actual amount” being the maximum amount of disabled distance learning students’ allowance the Secretary of State determines is payable to the student; and
c
where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 before 1st September 2007, the maximum amount of disabled distance learning students’ allowance payable to him for that purpose for the current academic year is reduced by the amount of grant paid to him for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil.
2
In this regulation “current academic year” means an academic year beginning on or after 1st September 2007 but before 1st September 2008.
Conversion of status – eligible students transferring to designated distance learning courses
109N
1
Subject to paragraph (2), where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Secretary of State must convert his status as an eligible student to that of an eligible distance learning student in connection with the course to which he is transferring where —
a
he receives a request from the eligible distance learning student to do so; and
b
the period of eligibility has not terminated.
2
This regulation does not apply to a student to whom regulation 109M applies.
3
The following applies to a student who transfers under paragraph (1) —
a
where the Secretary of State has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible distance learning student;
b
the maximum amount of disabled distance learning students’ allowance to which the student would, apart from this regulation, be entitled in connection with his undertaking a designated distance learning course in respect of that academic year is reduced by one third where the student became an eligible distance learning student in the second quarter of the academic year and by two thirds where he became such a student in a later quarter of that year;
c
where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students’ allowance payable to him for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or negative amount that amount is nil; and
d
where immediately before he became an eligible distance learning student he was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount of increased maximum to which he was entitled, he may apply for such a loan or such additional amount of loan as if he had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum amount or increase maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
4
Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
Conversion of status – eligible distance learning students transferring to designated courses
109O
1
Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Secretary of State must convert his status as an eligible distance learning student to that of an eligible student in connection with the course to which he is transferring where —
a
he receives a request from the eligible distance learning student to do so; and
b
the period of eligibility has not terminated.
2
The following applies to a student who transfers under paragraph (1) —
a
where the Secretary of State has determined to pay an amount of disabled distance learning students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;
b
any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which he may be entitled in respect of that year under Parts 4 to 6;
c
the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he became such a student in a later quarter of that year; and
d
where an amount of disabled distance learning students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable to him under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled distance learning students’ allowance paid to him for that purpose and where the resulting amount is nil or a negative amount that amount is nil.
Payment of grants for fees
109P
1
Subject to paragraphs (2) and (3), the Secretary of State must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.
2
The Secretary of State may make payments under paragraph (1) at such times and in such instalments as he sees fit.
3
The Secretary of State may make provisional payments under paragraph (1) in such cases as he deems appropriate.
Payment of grants for books, travel and other expenditure and disabled distance learning students’ allowance
109Q
1
Payments of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance may be made in such manner as the Secretary of State considers appropriate and he may make it a condition of entitlement to payment that the eligible distance learning student must provide him with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
2
Where the Secretary of State cannot make a final assessment on the basis of the information provided by the student, he may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance.
3
The Secretary of State may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance in instalments.
4
Subject to paragraph (5), the Secretary of State may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance at such times as he considers appropriate.
5
The Secretary of State must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled distance learning students’ allowance before he has received a declaration under regulation 109J unless an exception applies.
6
An exception applies if —
a
a disabled distance learning students’ allowance is payable in which case that particular grant may be paid before the Secretary of State has received a declaration;
b
the Secretary of State has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.
Overpayments
109R
1
Any overpayment of a grant in respect of fees is recoverable by the Secretary of State from the academic authority.
2
An eligible distance learning student must, if so required by the Secretary of State, repay any amount paid to him under this Part which for whatever reason exceeds the amount of grant to which he is entitled under this Part.
3
The Secretary of State must recover an overpayment of grant for books, travel and other expenditure and disabled distance learning students’ allowance unless he considers that it is not appropriate to do so.
4
The methods of recovery are —
a
subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
b
taking such other action for the recovery of an overpayment as is available to the Secretary of State.
5
A payment of the disabled distance learning students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Secretary of State decides otherwise.
6
In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
7
In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled distance learning students’ allowance unless the Secretary of State decides otherwise.
8
The circumstances are —
a
the Secretary of State applies all or part of the disabled distance learning students’ allowance to the purchase of specialist equipment on behalf of the eligible distance learning student;
b
the student’s period of eligibility terminates after the relevant date; and
c
the equipment has not been delivered to the student before the period of eligibility terminated.
9
The circumstances are —
a
the eligible distance learning student’s period of eligibility terminates after the relevant date; and
b
a payment of the disabled part-time students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.
10
Where there is an overpayment of the disabled distance learning students’ allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if he considers it is appropriate to do so.
Amendment of regulation 110 of the SSR 2007
20
In regulation 110 of the SSR 2007 —
a
for paragraph (10), substitute —
10
Where —
a
the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which his status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and
b
as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.
;
b
for paragraph (11), substitute —
11
Where —
a
the Secretary of State determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which his status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and
d
as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.
;
c
after paragraph (13)(b), insert —
bb
a designated part-time course and a designated distance learning course;
.
Amendment of regulation 111 of the SSR 2007
21
In regulation 111 of the SSR 2007 —
a
in paragraph (2) after “f,”, insert “(fa),”;
b
after paragraph (2), insert —
2A
Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (fa), (g) or (h) of paragraph (3) occurs in the course of an academic year —
a
a student may qualify for disabled part-time students’ allowance in respect of that academic year in accordance with this Part; and
b
disabled part-time students’ allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
c
in paragraph (3)(c) for “Schedule 1”, substitute “Schedule 2”.
Amendment of regulation 119 of the SSR 2007
22
In regulation 119(6)(aa) of the SSR 2007 for “Schedule 1”, substitute “Schedule 2”.
Amendment of regulation 123 of the SSR 2007
23
In regulation 123 of the SSR 2007 —
a
after paragraph (4), insert —
4A
Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which he is transferring where —
a
he receives a request from the eligible distance learning student to do so; and
b
the period of eligibility has not terminated.
4B
Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 112(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.
4C
Subject to paragraph (4D), a student who transfers under paragraph (4A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 10A in respect of the academic year of the designated distance learning course from which he transfers.
4D
The Secretary of State may re-assess the amount of support payable after the transfer.
4E
An eligible student who transfers under paragraph (4A) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year —
a
may not apply for a grant under regulation 114(1)(b) if he has already applied for a grant under regulation 109E(1)(b);
b
may not apply for a grant under regulation 118 if he has already applied for a grant under regulation 109H.
4F
Where a student transfers under paragraph (4A), the total amount of assistance paid to the student under regulations 109E(1)(a) and 114(1)(a) in respect of the academic years from and to which he transfers must not exceed the amount of support determined to be payable to the student under regulation 109E(1)(a).
;
b
after paragraph (6), insert —
6A
Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Secretary of State must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which he is transferring where —
a
he receives a request from the eligible part-time student to do so; and
b
the period of eligibility has not terminated.
6B
Subject to paragraph (6C), a student who transfers under paragraph (6A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 11 in respect of the academic year of the designated part-time course from which he transfers.
6C
The Secretary of State may re-assess the amount of support payable after the transfer.
6D
An eligible student who transfers under paragraph (6A) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year —
a
may not apply for a grant under regulation 109E(1)(b) if he has already applied for a grant under regulation 114(1)(b);
b
may not apply for a grant under regulation 109H if he has already applied for a grant under regulation 118.
6E
Where a student transfers under paragraph (6A), the total amount of assistance paid to the student under regulations 109E(1)(a) and 114(1)(a) in respect of the academic years from and to which he transfers must not exceed the maximum amount of support determined to be payable to the student under regulation 109E(1)(a).
.
Amendment of regulation 127 of the SSR 2007
24
After regulation 127(15)(b) of the SSR 2007, insert —
bb
a designated postgraduate course and a designated distance learning course;
.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
27 July 2007


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Concessionary Bus Travel Act 2007 (Commencement and Transitional Provisions) Order 2007 and it shall come into force on 17th October 2007.
2
In this Order “the 2007 Act ” means the Concessionary Bus Travel Act 2007.
Commencement of the 2007 Act for certain purposes
2
The 2007 Act shall come into force on 17th October 2007 for the purposes of —
a
permitting the Secretary of State to issue guidance pursuant to section 145A(6) and (8) of the Transport Act 2000 and section 240(5C) of the Greater London Authority Act 1999 ;
b
permitting the Secretary of State to make regulations under —
i
section 145A(5) of the Transport Act 2000, and
ii
section 243(7) of the Greater London Authority Act 1999 ;
c
permitting a travel concession authority in England, any London authority and the Council of the Isles of Scilly to issue statutory travel concession permits in accordance with the provisions made by the 2007 Act on or before 1st April 2008 to those persons who will be entitled to make use of such permits from that date;
d
pursuant to sections 149 and 150 of the Transport Act 2000 , permitting —
i
a travel concession authority in England, any London authority and the Council of the Isles of Scilly to determine the arrangements or variations to apply with respect to the re-imbursement of operators in relation to concessions exercised on or after 1st April 2008 as a consequence of the issue and use of statutory travel concession permits;
ii
an operator affected by such arrangements or variations to apply for the modification of them;
iii
the Secretary of State to take such steps as are necessary to determine any such application; and
iv
for any direction to be given in relation to the application pursuant to section 150(8) of the Transport Act 2000; and
e
pursuant to the Greater London Authority Act 1999 —
i
requiring Transport for London to take into account, when forming its view pursuant to section 241(1) of the Greater London Authority Act 1999 , the requirement that from 1st April 2008 travel concessions be provided for all eligible England residents and that additional travel concessions be provided for all eligible London residents;
ii
permitting any London authority and Transport for London to make all arrangements necessary to enable the travel concession specified in section 242(8) and the additional travel concession mentioned in section 242(8A) of the Greater London Authority Act 1999 to be provided to those entitled to those concessions from 1st April 2008;
iii
permitting London authorities to make arrangements pursuant to section 244 of Greater London Authority Act 1999 for the joint discharge of their functions under sections 148 to 150 of the Transport Act 2000 ; and
iv
requiring Transport for London, when notifying each London authority of the charge to be paid by the authority pursuant to paragraph 5 of Schedule 16 to the Greater London Authority Act 1999 , to take into account any service outside Greater London which, but for section 179(2) of that Act, would be part of the London bus network.
Commencement of the 2007 Act for all purposes
3
The 2007 Act shall come into force for all other purposes on 1st April 2008.
Transitional
4
1
Notwithstanding articles 2 and 3, any statutory travel concession permit issued by a travel concession authority in England pursuant to section 145 of the Transport Act 2000 shall continue to have effect on and before whichever is the earlier of––
a
30th September 2008; or
b
the expiry date shown on the face of the permit (if any).
2
The provisions of the Transport Act 2000 (including those relating to reimbursement of operators) shall apply in relation to any permit which continues to have effect pursuant to this article, as they applied immediately before the coming into force of this Order.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
23rd September 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Digital Switchover (Disclosure of Information) (Isle of Man) Order 2007 and shall come into force on 1st January 2008.
2
Any reference to an enactment shall, unless the contrary intention appears, be construed as a reference to that enactment as it has effect in the Isle of Man.
3
Any reference to an Act of Tynwald, or to a provision of such an Act, shall be construed, unless the contrary intention appears, as a reference to that Act of provision as amended or replaced by or under any other such enactment.
Extension of the Digital Switchover (Disclosure of Information) Act 2007
2
Sections 1 to 5 of the Digital Switchover (Disclosure of Information) Act 2007 shall extend to the Isle of Man subject to the modifications specified in the Schedule to this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Health Service Medicines (Information Relating to Sales of Branded Medicines etc.) Regulations 2007 and shall come into force on 25th May 2007.
Interpretation
2
1
In these Regulations —
“the 1978 Act ” means the National Health Service (Scotland) Act 1978 ;
“the 2006 Act ” means the National Health Service Act 2006;
“the 2006 Wales Act ” means the National Health Service (Wales) Act 2006 ;
“the 1972 Order ” means the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“Annual Financial Return” means the Annual Financial Return that must be submitted by a scheme member under the PPRS ;
“branded health service medicine” means a health service medicine which —
is identifiable by and traded under a specific name given to it by the manufacturer, supplier or holder of a marketing authorisation relating to it;
is a medicinal product in respect of which a marketing authorisation has been granted; and
is not —
in relation to England, listed in Schedule 1 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 ;
in relation to Scotland, specified in any directions given by the Scottish Ministers under section 17N(6) (other mandatory contract terms) of the 1978 Act as being drugs, medicines or other substances which may not be ordered by a GMS contractor for patients in the provision of primary medical services under a general medical services contract made under section 17J (health boards power to enter into general medical services contracts) of the 1978 Act in relation to Scotland; or
in relation to Northern Ireland, listed in Schedule 1 to the Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc.) Regulations (Northern Ireland) 2004 ;
“dispensing doctor” means a registered medical practitioner who provides pharmaceutical services;
“GMS contractor” means a person providing primary medical services under a general medical services contract made under —
section 84 (general medical services contracts: introductory) of the 2006 Act in relation to England;
section 42 (general medical services contracts: introductory) of the 2006 Wales Act in relation to Wales;
section 17J (health boards power to enter into general medical services contracts) of the 1978 Act in relation to Scotland; or
article 57 of the 1972 Order in relation to Northern Ireland;
“health service hospital” means a hospital owned or managed by a health service body;
“health service body” means —
a Strategic Health Authority, Special Health Authority, Primary Care Trust, National Health Service Trust or NHS foundation trust established or continued under the 2006 Act;
a Local Health Board established or continued under the 2006 Wales Act;
a Health Board or Special Health Board constituted under section 2 (Health Boards and Special Health Boards) of the 1978 Act;
a Health and Social Services Board established under the 1972 Order;
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
the Common Services Agency for the Scottish Health Service constituted under section 10 (Common Services Agency) of the 1978 Act;
the Northern Ireland Central Services Agency for the Health and Social Services established under the 1972 Order; or
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ;
“marketing authorisation” means a marketing authorisation for a medicinal product for human use granted —
by the competent authority of the United Kingdom in accordance with Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ; or
by the European Commission in accordance with Regulation (EC) No. 726/2004 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“pharmaceutical services” means pharmaceutical services within the meaning of —
section 126 (arrangements for pharmaceutical services) of the 2006 Act in England;
section 80 (arrangements for pharmaceutical services) of the 2006 Wales Act in Wales;
section 27 (arrangements for provision of pharmaceutical services) of the 1978 Act in Scotland; or
article 63 (arrangements for pharmaceutical services) of the 1972 Order in Northern Ireland;
“PMS contractor” means a person providing primary medical services under —
a personal medical services agreement made under section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) in relation to England;
an agreement made under section 50 (arrangements by Local Health Boards for the provision of primary medical services) of the 2006 Wales Act in relation to Wales;
an agreement made under section 17C (personal medical or dental services) of the 1978 Act in relation to Scotland; or
a personal medical services agreement made under article 15B (provision of primary medical services or personal dental services) of the 1972 Order in relation to Northern Ireland;
“PPRS” means the Pharmaceutical Price Regulation Scheme ;
“quarter” means the period —
1st January to 31st March;
1st April to 30th June;
1st July to 30th September; or
1st October to 31st December;
“relevant scheme member” means a scheme member who falls within regulation 3(1) but who does not fall within regulation 3(2) (unless regulation 3(3) applies);
“retail pharmacist” means a person lawfully conducting a retail pharmacy business in accordance with section 69 (general provisions) of the Medicines Act 1968 who provides pharmaceutical services;
“sales income” means income from sales after deduction of all trade and other discounts (howsoever named) including settlement discounts, rebates and sales taxes;
“supply” means supply by way of sale; and
“wholesaler” means a person who —
is a holder of a wholesale dealer’s licence within the meaning of subsection (3) and (3A) of section 8 (provisions as to manufacture and wholesale dealing) of the Medicines Act 1968; and
is not a retail pharmacist, dispensing doctor, GMS contractor or PMS contractor nor is a health service hospital.
2
A health service medicine is supplied on the date on which a contract for its sale for health service use is concluded.
Information
3
1
Except as provided in paragraph (2), this regulation applies to any manufacturer or supplier of branded health service medicines to whom the PPRS applies (“scheme member”) who —
a
holds either a wholesale dealer’s licence within the meaning of subsection (3) and (3A) of section 8 (provisions as to manufacture and wholesale dealing) of the Medicines Act 1968 or a marketing authorisation in respect of those branded health services medicines; and
b
during the 12 months ending on 31st December of the year preceding that in which any quarter falls, supplied branded medicines for health service use to the value of £25 million or more.
2
Except as provided in paragraphs (3) and (4), the obligation to provide information under this regulation shall not apply to a scheme member who has agreed as part of its obligations under the PPRS to provide within the time limits set out in paragraph (6) such information relating to the sales income in respect of each branded health service medicine as is agreed between the Secretary of State and the industry body.
3
If the Secretary of State and the industry body fail to reach an agreement as referred to in paragraph (2), paragraphs (4) to (6) shall apply to a scheme member who falls within paragraph (1).
4
This regulation shall continue to apply to a relevant scheme member who has received a demand for a penalty under regulation 4 until that penalty has been fully paid.
5
A relevant scheme member shall, to the extent that the information is available to it (or would be available if it took reasonable steps to make it available), provide to the Secretary of State in respect of each branded health service medicine the following information in accordance with paragraph (6) in respect of each quarter (being a quarter falling in whole or in part after the coming into force of these Regulations) in which it has supplied branded health service medicines —
a
the sales income in respect of each pack size and strength of a branded product sold by it to wholesalers, including the total number of products sold;
b
the sales income in respect of each pack size and strength of a branded product supplied by it to retail pharmacists, including the total number of products sold;
c
the sales income in respect of each pack size and strength of a branded product supplied by it to —
i
dispensing doctors or where that doctor is part of a partnership or is employed by a person or body to provide primary medical services to that partnership, person or body;
ii
GMS contractors; or
iii
PMS contractors,
including the total number of products sold;
d
the sales income in respect of each pack size and strength of a branded product supplied by it to health service hospitals, including the total number of products sold; and
e
information about discounts given by it to wholesalers, retail pharmacists, dispensing doctors, GMS contractors, PMS contractors or health service hospitals which cannot be specifically attributed to a specific branded product or pack size or strength of a specific branded product.
6
Information supplied pursuant to paragraph (5) in respect of a quarter shall be given no later than the time specified in the right hand column of the table below in relation to the quarter specified in the left hand column:
Quarter in which supply was made Information to be received by the Secretary of State not later than
Ending on 31st March 30th April in the same year as the quarter falls Ending on 30th June 31st July in the same year as the quarter falls Ending on 30th September 31st October in the same year as the quarter falls Ending on 31st December 31st January in the year next following the year in which the quarter falls
Penalties
4
1
A relevant scheme member who contravenes regulation 3(5) or (6) or both provisions shall, on the demand of the Secretary of State, pay to her a daily penalty calculated under the Schedule to these Regulations.
2
A demand made under paragraph (1) shall be made by a notice —
a
in writing, or
b
transmitted by electronic means in a legible form which is capable of being used for subsequent reference,
addressed to the scheme member in question and it shall state the amount of the penalty calculated up to the date of the demand and the period within which it shall be paid.
Appeals
5
A relevant scheme member on whom a notice has been served under regulation 4 shall have a right of appeal in accordance with regulations made under section 265(5) of the 2006 Act.
Transitional provision
6
In respect of the quarter commencing on 1st April 2007 the requirement to provide information under regulation 3 applies in respect of the period 1st May 2007 to 30th June 2007.
Revocation
7
The following regulations are revoked from the date of coming into force of these Regulations —
a
the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 ;
b
the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000 ; and
c
the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001 .
Signed by authority of the Secretary of State
Hunt
Minister of State
Department of Health
19th April 2007


text:
Title and Commencement
1
These Regulations may be cited as the Public Guardian Board Regulations 2007 and shall come into force on 1st October 2007.
Interpretation
2
In these Regulations —
“ the Act ” means the Mental Capacity Act 2005;
“the Board” means the Public Guardian Board established by section 59(1) of the Act; and
“court” means the Court of Protection.
Selection of chairman of the Board
3
The Lord Chancellor shall select one of the members of the Board to be its chairman.
Term of office for members of the Board
4
1
The members of the Board shall be appointed for a fixed term of office not exceeding four years.
2
On the expiry of a member’s term of office the Lord Chancellor, or where the member appointed under paragraph (1) is a judge of the court, the Lord Chief Justice in consultation with the Lord Chancellor, may, subject to paragraph (3), re-appoint that member to serve a further fixed term not exceeding four years.
3
A member may not be re-appointed more than once.
Term of office of chairman of the Board
5
1
The member selected to be the chairman of the Board shall be appointed by the Lord Chancellor to hold that office for a fixed term not exceeding four years.
2
On the expiry of a member’s first term of office as chairman, the Lord Chancellor may re-appoint that member to serve a further fixed term not exceeding four years as chairman.
3
Regulation 4 does not prevent a member who has been appointed or re-appointed as chairman from serving for the duration of that appointment or re-appointment.
4
The chairman of the Board may resign from that office at any time by giving notice in writing to the Lord Chancellor.
5
Where the Lord Chancellor gives notice in writing under regulation 6 suspending or removing the chairman’s membership of the Board, his term of office as chairman shall also be suspended or cease from the date on which the notice is given by the Lord Chancellor.
Resignation, suspension and removal of members of the Board who are not judges of the court
6
1
This regulation has effect in relation to a member of the Board who is not a judge of the court.
2
A member of the Board may resign his office at any time by giving notice in writing to the Lord Chancellor.
3
The Lord Chancellor may, by giving notice in writing, suspend or remove from office a member of the Board on any of the following grounds —
a
that he has failed to attend three consecutive meetings of the Board without the prior approval of the chairman of the Board;
b
that he is unable or unfit to carry out his functions as a member of the Board; or
c
that he has otherwise failed to carry out his functions as a member of the Board or acted in a manner incompatible with his membership.
4
Where the Lord Chancellor gives notice in writing suspending or removing a member from office, that member’s term of office shall be suspended or cease, as the case may be, from the date on which the notice is given by the Lord Chancellor.
Procedure of the Board
7
1
The Board must decide the number of its members, not being fewer than half of its full membership, that will constitute a quorum.
2
Where a decision of the Board is to be made by voting —
a
each member present at the meeting has one vote; and
b
where there is an equality of votes, the member presiding at the meeting has an additional, casting vote.
3
Meetings of the Board shall be presided over by —
a
the chairman; or
b
where the chairman is not present, a member chosen to preside by those members present at the meeting.
Validity of proceedings of the Board
8
Proceedings of the Board shall not be invalidated by any of the following reasons —
a
a vacancy among its members; or
b
a defect in the appointment of a member or in the selection of its chairman.
Meeting open to the public
9
The Board must hold at least one meeting each year that is open to members of the public to attend.
Signed by authority of the Lord Chancellor
Catherine Ashton
Parliamentary Under-Secretary of State
Ministry of Justice
19th June 2007