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PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1988 and shall come into force on 1st September 1988.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an establishment, 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 an award bestowed under previous Awards Regulations ;
“ 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;
“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;
“establishment” means a university or establishment of further education in the United Kingdom, and “establishment of further education” excludes a university;
“ European Community ” means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
“highest-cost country” means Finland, Japan, Norway and the United States of America;
“higher-cost country” means Austria, Canada, Denmark, the Republic of Ireland, France, the Federal Republic of Germany, the Netherlands, Sweden and Switzerland;
“high-cost country” means Belgium, Hong Kong, Indonesia, Italy, Luxembourg and the USSR ;
“independent student” has the meaning assigned to it by Regulation 3;
“maintenance grant” has the meaning assigned to it by Regulation 17;
• • •
“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 recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised, 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 or grant 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;
“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 or 1st September according as the academic year of the course in question begins in the spring, the summer or the autumn respectively; and references to the first 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 three 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.
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
the student was in receipt of training in pursuance of the Training Opportunities Programme, the Youth Opportunities Programme, or the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be;
b
the student was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975 ; or
c
before 24th November 1980 (when Schedule 2 to the Social Security Act 1980 came into force), the student was registered for employment; or
d
on and after that date but before 18th October 1982, the student was registered and available for employment; or
e
on and after 18th October 1982, the student was available for employment and, if under the age of 18 years, registered for employment; or
f
the student held a State Studentship or comparable award; or
g
the student received sickness benefit, invalidity pension, maternity allowance or severe disablement allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975 as orginally enacted or as amended or statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Social Security Act 1986 ; or
h
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
In this regulation —
a
any reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976 ;
b
any reference to an enactment contained in the Supplementary Benefits Act 1976 or the Social Security Act 1975 is a reference to that enactment as from time to time in force and includes, in relation to a period before the coming into force of the enactment in question, a reference to the corresponding enactment then in force;
c
“parent” shall have the same meaning as in Part 2 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)(ii) or (iii), 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, a course of initial training for teachers, or a course comparable to a first degree 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
In these Regulations any reference to a course of advanced further education is a reference to a course such as is listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 .
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 in respect of the student by virtue of regulation 25(2).
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 within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts 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 9(2)(a) or 13, as ordinarily resident in England and Wales, in the British Islands, or in the territory comprising the European Community, the Kingdom of Spain and the Portuguese Republic, if the authority are satisfied that he is not, or has not been, so resident at the relevant time only because he, his spouse or his parent, guardian or any other person having actual custody of him during his minority, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the said territory and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
Except where the context otherwise requires, in these Regulations any reference to a regulation or a schedule is a reference to a regulation contained therein or a schedule thereto; 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
The Education (Mandatory Awards) Regulations 1987 and the Education (Mandatory Awards) (Amendment) Regulations 1988 are hereby revoked.
2
Subject to paragraph (6) and without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an 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
Where the current academic year of a student’s course began in the spring or summer of 1988 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1988 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 1987 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 1988 under these Regulations had the academic year of his course begun in the autumn of 1988 .
4
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) and for the purposes of regulation 23; 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.
5
The Education (Students' Dependants Allowances) Regulations 1983 revoked by the Education (Mandatory Awards) Regulation 1987 shall continue to have effect in relation to an allowance payable or paid thereunder in respect of a period falling before 1st September 1987 .
6
An award bestowed under previous awards regulations upon a person mentioned in regulation 9(2)(b) or (c) of the Education (Mandatory Awards) Regulations 1987 but not mentioned in regulation 9(2)(b) of these Regulations shall, in so far as it could otherwise have been bestowed in pursuance of these Regulations, for the purposes thereof, be treated as having been so bestowed.
PART II
AWARDS
Duty to bestow an award
7
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 an 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 1988 if 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.
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 in the case of 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 twelve months ending with the date of the beginning of the course.
2
Any such person as is described in paragraph (1) 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, or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course.
No area students
9
1
This regulation shall apply in the case of such a person as is mentioned in paragraph (2) 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.
2
The person referred to in paragraph (1) is a person who —
a
is ordinarily resident in England and Wales on the relevant day; or
b
is entitled to the payment of an award by virtue of Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community .
• • •
3
A person to whom this regulation applies shall be treated for the purposes of section 1 of the Education Act 1962 as ordinarily resident —
a
if at any time during the period of two years preceding the relevant day he would have fallen to be treated as belonging to the area of an authority for the purposes of section 31(3) of the Education Act 1980 or of section 51(1) of the Education (No. 2) Act 1986 or of section 7 of the Education (Miscellaneous Provisions) Act 1953 , in the last such area;
b
if sub-paragraph (a) does not apply but at any time during the said period he was resident in the area of an authority, in the last such area;
c
if neither sub-paragraph (a) nor (b) applies, in the area of the authority in which the establishment providing his course is situate.
• • •
4
In paragraphs (2) and (3) “relevant day” means, except in the case specified in paragraph (5), the last day of the month of October, February or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course.
• • •
5
In the case of a refugee, or the spouse or child of a refugee, who entered the United Kingdom on or after the relevant day as defined in paragraph (4), “relevant day” in paragraphs (2) and (3) means —
a
where he had entered the United Kingdom before the day one month earlier than that of the beginning of the term in which he commences his course, the said day or the day on which he applies for an award, whichever is the earlier;
b
where he had not so entered the United Kingdom, the day of the beginning of that term or the day on which he applies for an award, whichever is the earlier.
Designated courses
10
1
The following courses are hereby designated —
a
a first degree course, that is to say —
i
a course provided by an establishment for a first degree of a university or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by an establishment of further education for a first degree of the Council for National Academic Awards;
iii
a course provided either by the Cranfield Institute of Technology or by the Cranfield Information Technology Institute for a first degree of the former;
iv
an international course, that is to say a course provided by an establishment in the United Kingom in conjunction with a university, college or other institution in another country for a first degree of a university or of the Council for National Academic Awards;
b
a Dip HE course, that is to say —
i
a course provided by an establishment for the Diploma of Higher Education;
ii
a course provided by an establishment for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
c
a course provided by an establishment of further education for the Higher National Diploma, or the Higher National Diploma of the Business & Technician Education Council;
d
a course of initial training for teachers, that is to say —
i
a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by an establishment;
ii
a part-time course of teacher training, involving not less than 3 days' attendance a week during 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 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 3 academic years' duration provided by a university 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 references to an establishment and an establishment of further education do not include references to establishments of further education which are neither maintained nor assisted by recurrent grants out of public funds.
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 before the end of the term in which the student commences his 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, before the end of the term in which the student commenced his course, it has not become a designated course and the application reaches the authority before the end of the first term after it becomes a designated course;
c
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority before the end of the term of his course first beginning after the date on which the refugee was recognised as a refugee or was accorded asylum; or
d
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
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 regulation 10(1)(b) or (c) if he has previously —
a
successfully completed a course of teacher training designated under sub-paragraph (d)(ii) or (iii) of regulation 10(1); or
b
attended any other course designated by or under regulation 10(1).
3
An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course of two academic years' duration designated under sub-paragraph (e)(ii) of regulation 10(1) if he has previously attended such a course.
4
Subject to paragraphs (5) to (8), an authority shall not be under a duty to bestow an award on any person where he has previously attended one or more full-time, or satisfactorily completed one or more part-time or correspondence, courses of advanced further education and the aggregate duration of —
a
such full-time courses which he has attended; and
b
the full-time courses equivalent to such part-time or correspondence courses which he has successfully completed,
(ignoring any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kind mentioned in sub-paragraphs (a) to (g) of paragraph 1(1) of schedule 5 and, in the case of a sandwich course, periods of experience) exceeds two academic years; and, for the purposes hereof, a full-time, part-time or correspondence course outside England and Wales which is comparable to a full-time or, as the case may be, part-time course of advance further education shall be treated as if it were such a course.
5
A previous course shall be disregarded for the purposes of paragraph (4) 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 .
6
A previous course shall be disregarded for the purposes of paragraph (4) if —
a
the student is such a person as is mentioned in regulation 9(2)(b) being entitled to an award by virtue of Article 12 of the Regulation there mentioned;
b
the previous course was provided by an institution outside the British Islands but within the European Community; and
c
the authority are satisfied —
i
by the student, that he has ceased to attend the previous course without completing it during the year immediately preceding the first year of the course to which his application for an award relates; and
ii
by the academic authority of the establishment providing that course, that it is comparable, in terms of content, to the uncompleted part of the previous course.
7
Nothing in paragraph (4) shall affect the duty of an authority to bestow an award on a person —
a
in respect of his attendance at a course for the post-graduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which —
i
was for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and
ii
was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959 or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980 ;
b
in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a) above, unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of advanced further education or a comparable course outside England and Wales;
c
in respect of his attendance at a course which
i
does not exceed two years' duration;
ii
is for the degree of Bachelor of Education or a comparable academic award of either a university or the Council for National Academic Awards, and
iii
is approved as a course for the initial training of teachers for the purpose of regulations from time to time in force under section 27 of the Education Act 1980unless he has previously attended
i
a course for the postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma), or
ii
a course (of any length) such as is described in sub-paragraphs (a)(i) and (ii) above.
8
Nothing in paragraph (4) shall affect the duty of an authority to bestow an award on a person if —
a
he is a refugee, or the spouse or child of a refugee;
b
the previous course was a full-time course provided by an institution outside the British Islands; and
c
he satisfies the authority that he ceased to attend the previous course, without completing it, during the four years immediately preceding his entering the United Kingdom.
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 attended either more than one course or one course for more than one term and seven weeks of a second term; and it is hereby declared that any reference to a person having attended or completed a course shall be construed as a reference to his having done so before or after the coming into operation of these Regulations.
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 —
a
upon a person who 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 regulation 9(2)(b), has not been so resident in the territory comprising —
i
the European Community, and
ii
(as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portugese Republic;
b
upon a person whose residence in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b), in the said territory, 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
upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Sub-paragraphs (a) and (b) of paragraph (1) 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 recognised as a refugee or was granted asylum, or in the case of the spouse or child of such a refugee.
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
subject to paragraph (2), on the recommendation of the academic authority the student commences to attend another course (“the new course”) at the establishment;
b
subject to paragraph (2), with the written consent of the academic authorities of both establishments concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another establishment;
c
subject to paragraph (4), 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
on the completion of a course for the Certificate in Education or the degree of Bachelor of Education, the student is admitted to a course of initial training for teachers of the deaf; or
e
subject to paragraph (4), 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.
2
An award shall not be transferred in pursuance of paragraph (1)(a) or (b) unless either —
a
the requisite recommendation or consent is given before the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed; or
b
the authority, after consulting the academic authority or authorities concerned, are satisfied that the period which the student in question will ordinarily require for the completion of the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring —
i
in each case, periods of experience which are part of a sandwich course; and
ii
in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the authority would not make any payment for maintenance in respect of that period under regulation 26(1).
3
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.
4
An award shall not be transferred in pursuance of paragraph (1)(c) or (e) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held, exceeds —
a
five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or
b
four years where the award would be held in respect of a course for that degree not being an honours degree;
so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.
5
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c), (d) or (e) it shall be immaterial whether or not the two courses are provided by the same establishment.
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 —
a
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
b
if the student does not complete the course within the period ordinarily required, the authority —
i
may extend the award until the student has completed the course; and
ii
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 26(1).
2
The authority may, after consultation with the academic authority terminate the 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
Subject to regulations 16, 23, 26 and 27, the authority shall in respect of each year pay in pursuance of the 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;
b
in respect of maintenance —
i
except in a case in which regulation 20, 21, 22 or 24 applies, a grant calculated in accordance with regulation 18 (in these Regulations called “the maintenance grant”);
ii
in a case in which one of those regulations applies (subject to regulation 20(2)) a sum or grant determined in accordance with the regulation in question;
and so much of the sum or grant referred to in sub-paragraph (b) as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of maintenance grant
18
1
The maintenance grant in respect of any year 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 such of the amounts specified in Schedule 2 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 1 of Schedule 3 and any contribution applicable in his case by virtue of Part 2 or 3 of that Schedule.
2
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;
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 the student is a member of a religious order and regulation 21 applies.
2
For the purpose of calculating payments in respect of maintenance under regulation 17(b) 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 such payments 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
Subject to paragraph (5), the payment in respect of maintenance under regulation 17(b) shall be the sum specified as appropriate in the case of the student in paragraph (3) or (4):
Provided that —
a
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum so specified and no payment shall be made in respect of a year which includes no periods of full-time study;
b
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 £820 .
4
In the case of any other student, the appropriate sum shall be £1,120 except that, where he is attending a course —
a
at the University of London, or
b
at an establishment within the area comprising the City of London and the Metropolitan Police District
it shall be £1,320 and where he is attending a course in a country outside the United Kingdom it shall be —
£1,715 if that country is a highest-cost country;
£1,515 if that country is a higher-cost country;
£1,320 if that country is a high-cost country; and
£1,120 in any other case.
5
The payment in respect of maintenance, determined as aforesaid, shall, in the case of any student who is attending such a course as is mentioned in paragraph 13(1) of Part 2 of Schedule 2 and for the purposes thereof necessarily incurs expenditure in the purchase of special equipment, be increased by so much of that expenditure as does not during the course exceed £90.
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 one 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(b) shall be a grant equal to three-quarters of the maintenance grant.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(b) shall be —
a
in a year in which the student’s periods of study are all periods of full-time study or in which his aggregate period of full-time study is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of study are all periods of part-time study, the sum of £295 ;
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 study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £295 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(b) should be £81 .
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.
Assisted students
23
1
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a student in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of —
a
such fees payable in respect of him as are described in Schedule 1; and
b
his requirements for maintenance ascertained in accordance with —
i
Part 1 of Schedule 2,
ii
paragraphs 6 and 7 of Part 2 of that Schedule, and
iii
Parts 3 and 4 of that Schedule.
2
The payments referred to in paragraph (1) are the aggregate payments received by the student —
a
in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962); and
b
if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course;
except that, if the student’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of part-time study, any payments by way of remuneration shall be disregarded.
Students provided with free board and lodging
24
1
This regulation shall apply where the student is provided with free board and lodging by the academic authority in accordance with arrangements whereunder charges for board and lodging are made only in the case of students whose resources exceed their requirements (ascertained as provided in regulation 18), unless the student is a member of a religious order and regulation 21 applies.
2
The payment in respect of maintenance under regulation 17(b) shall be a maintenance grant calculated in accordance with regulation 18.
Method of payment
25
1
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
Any payment in respect of such fees as are described in Schedule 1 may be made to the academic authority but subject thereto all payments shall be made to the student.
3
Where, in pursuance of this regulation, a payment in respect of any period is made in advance or is provisional then, without prejudice to regulation 27 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Discretionary payments
26
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(a) or (b) 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 advanced further education being —
i
a course of up to two academic year’s 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
(ignoring any periods of unpaid service or research or of practice, undertaken as part of the course of the kind mentioned in sub-paragraphs (a) to (g) of paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience) or has previously successfully completed a part-time course corresponding to such a course as is mentioned above (“the previous course”); and
b
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 ordinarily 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 and a subject thereof is —
a
physics, chemistry or mathematics (or a combination of those subjects); or
b
craft, design and technology; or
c
business studies; or
d
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(a) or (b) in pursuance of the award in respect of the current course —
a
where that course is ordinarily of not more than two years' duration, in respect of the final year of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
b
where that course is ordinarily of a greater number of years' duration, in respect of that number less two of the final years of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
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(a) or (b) as aforesaid.
5
In this regulation any reference —
a
to the ordinary 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 (ignoring any periods of unpaid service or research or of practice undertaken as part of the course of the kind mentioned in sub-paragraphs (a) to (g) of paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, 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(10).
Withholding and reduction of payments
27
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 or 22 or, in whole or in part, any such payment determined in accordance with regulation 24.
2
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 otherwise due in pursuance of the award shall be reduced by the aggregate sum mentioned in paragraph (4).
3
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 28 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 otherwise due in pursuance of the award by such amount, not exceeding the aggregate sum mentioned in paragraph (4), as having regard to all relevant circumstances they consider appropriate.
4
The sum referred to in paragraphs (2) and (3) is the aggregate of —
a
fees otherwise due that are not payable by reason of the student’s non-attendance; and
b
the appropriate proportion of the balance of any payments in respect of maintenance payable in pursuance of regulation 17(b).


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Black Country Development Corporation (Vesting of Land) (British Steel Corporation) Order 1988 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
1
In this Order —
“the Corporation” means the Black Country Development Corporation;
“statutory undertakers” does not include any statutory undertakers in relation to whom neither the Secretary of State for the Environment nor the Secretary of State for Trade and Industry is the appropriate Minister;
“urban development area” means the area designated as an urban development area by the Black Country Development Corporation (Area and Constitution) Order 1987 .
2
Any reference in this Order to “the map” is a reference to the map entitled “Map referred to in the Black Country Development Corporation (Vesting of Land) (British Steel Corporation) Order 1988”, of which prints, signed by an Under Secretary in the Department of the Environment are deposited and available for inspection at the offices of the Secretary of State for the Environment, the Secretary of State for Trade and Industry, the British Steel Corporation, the council of the borough of Sandwell and the Corporation.
3
Any reference in this Order to land shown on the map is a reference to that land shown bounded externally with a black line and edged internally with a stippled band on the map.
Vesting of land
3
The land described in the Schedule hereto, and now vested in the British Steel Corporation or any local authority or other statutory undertakers or public body or in a subsidiary of any of them, being land within the urban development area, is hereby vested in the Corporation.
Easements and rights in or over land
4
All existing easements and rights in or over other land within the urban development area which are vested in an authority or body mentioned in article 3 above, and which are annexed or appurtenant to land vested by that article or any part thereof, are hereby vested in the Corporation.
Nicholas Ridley
Secretary of State for the Environment
23rd June 1988
Lord Young
Secretary of State for Trade and Industry
17th June 1988


text:
1
1
These Rules may be cited as the Patents (Fees) Rules 1988 and shall come into force as respects rules 1(1), 2 and 4 on 9th June 1988 and as respects rules 1(2) and 3 on 23rd June 1988.
2
The Patents (Fees) Rules 1987 and the Patents (Fees) (Amendment) Rules 1987 are hereby revoked.
2
These Rules shall be construed as one with the Patents Rules 1982 and, to the extent that they continue to apply in relation to existing patents and existing applications, the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1949 or the Patents Act 1977 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1968 or the Patents Rules 1982 to be used, that form shall be accompanied by the fee specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
4
Where application is made on or after 9th June 1988 but before 23rd June 1988 for renewal of a patent in respect of any year beginning on or after 23rd June 1988, the fee payable on such application shall be that which would be payable if the application were made on or after 23rd June 1988 and rules 1(2) and 3 above had come into force.
John Butcher
Department of Trade and Industry
5th May 1988
We consent to the making of these Rules.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 1988


text:
PART I
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government Reorganisation (Mortgages) Order 1988, and shall come into force on 14th November 1988.
2
In this Order —
“the Housing Act ” means the Housing Act 1985 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“equity-sharing agreement” means a lease granted in accordance with section 150 of the Housing Act (shared ownership leases) or an agreement to similar effect made by virtue of any consent given under section 32 of the Housing Act or by virtue of any enactment;
“further advance” means any sum advanced by Richmond pursuant to section 453 of, or Schedule 9 to, the Housing Act (right to further advances) in respect of —
any mortgage vested by article 2(1) of this Order; or
any mortgage of which they have taken a transfer in pursuance of section 442(2) of the Housing Act,
not being an advance which is repayable over a period which ends after the last day of the period over which the original advance was repayable;
“house” includes any yard, garden, outhouses or appurtenances belonging to the house or usually enjoyed with it, and any part of a building which is occupied or intended to be occupied as a separate dwelling including, in particular, a flat;
“housing advance” means money advanced pursuant to section 435 of the Housing Act or any other enactment, for any of the purposes mentioned in that section;
“local housing authority” means a district council, a London borough council or the Common Council of the City of London and references to “the local housing authority”, in relation to any mortgage or right to a mortgage, are to the local housing authority in whose area the land to which the mortgage or right to a mortgage relates is situated;
“Richmond” means the Council of the London borough of Richmond-upon-Thames;
“the Residuary Body ” means the London Residuary Body; and references to that Body shall, so far as the context permits, be construed as including references to any predecessor in title;
“ Thamesmead ” means the land vested in the Residuary Body in accordance with article 15 of the Local Government Reorganisation (Property etc. ) Order 1986 ;
“the transfer date” means 14th November 1988.
PART II
Transfer of mortgage interests, etc
2
1
On the transfer date —
a
any interest of the Residuary Body as mortgagee in respect of any mortgage referred to in paragraph (2); and
b
any interest of that Body (whether as freehold owner, lessor, or mortgagee) in any house which is the subject of an equity-sharing agreement, other than a house at Thamesmead,
shall vest in Richmond.
2
The mortgages referred to in paragraph (1)(a) are mortgages on any house for securing any housing advance or any amount left outstanding on terms which enable repayments to be deferred.
3
Subject to article 3, all functions of the Residuary Body, and all rights acquired and liabilities incurred by that Body in connection with any interest vested by paragraph (1) shall on the transfer date become functions of or, as the case may be, vest in or be discharged by Richmond.
4
The right of the Residuary Body to enforce any covenant required by section 35 or required by or imposed by virtue of section 155 of the Housing Act (repayment of discount on early disposal) or a covenant to similar effect shall on the transfer date vest in Richmond.
5
All rights and liabilities of the Residuary Body in connection with or arising in consequence of the exercise by the Residuary Body before the transfer date of a mortgagee’s power of sale shall on that date vest in or, as the case may be, be discharged by Richmond.
6
All rights and liabilities of the Residuary Body pursuant to any agreement made under section 442 of the Housing Act (agreement by local authority to indemnify mortgagee) shall vest in or, as the case may be, be discharged by Richmond.
7
All records relating exclusively to any matter transferred to Richmond by paragraphs (1) and (3) to (6) shall vest in Richmond.
Right to a mortgage
3
1
On the transfer date the functions of the Residuary Body under those provisions of Part V of the Housing Act that relate to the right to a mortgage shall become functions of the local housing authority.
2
All records relating exclusively to functions which become functions of a local housing authority by virtue of paragraph (1) shall vest in that authority.
Rates of interest
4
1
This article applies to any mortgage transferred by article 2 other than a mortgage in respect of which the rate of interest cannot be varied.
2
Where the rate of interest applicable to the mortgage immediately before the transfer date is higher than the rate applicable to a mortgage of the same description granted to Richmond (“the Richmond rate”), the rate applicable to that mortgage on and after the transfer date shall, until such time as a different rate falls to be applied in accordance with Schedule 16 to the Housing Act, be the Richmond rate.
3
Where the rate of interest applicable to the mortgage immediately before the transfer date is lower than the Richmond rate, that lower rate shall continue to be applicable to that mortgage on and after the transfer date until such time as —
a
the Richmond rate becomes a lower rate; or
b
the next declaration by the Secretary of State of the standard national rate takes effect,
whichever first occurs; and thereafter the rate applicable to that mortgage shall be the rate determined in accordance with Schedule 16 to the Housing Act.
PART III
Financial adjustments
5
On the transfer date Richmond shall pay to the Residuary Body an amount equal to the aggregate of —
a
the amount of any interest accrued and unpaid immediately before the transfer date in respect of any mortgage transferred by article 2;
b
the total of the amounts of principal outstanding immediately before the transfer date (whether then due and payable or not) in respect of any housing advance other than one made by the London Residuary Body; and
c
any amount accrued and unpaid immediately before the transfer date under the terms of any equity-sharing agreement.
6
1
Any monies which are held by the Residuary Body immediately before the transfer date pursuant to section 105 of the Law of Property Act 1925 (application of proceeds of sale following exercise of mortgagee’s power of sale) shall on that date vest in Richmond; and Richmond shall hold those monies in accordance with that section.
2
On the transfer date Richmond shall pay to the Residuary Body an amount equal to the amount of any difference between the sums received by the Residuary Body as a consequence of the exercise of a mortgagee’s power of sale and the sums which the Residuary Body would have been entitled to apply for the purposes mentioned in section 105 of the Law of Property Act 1925 if the sum so received had been sufficient for those purposes.
Consequential financial provisions
7
1
In each financial year beginning with the financial year commencing 1st April 1988 Richmond shall pay to each of the other local housing authorities in London an amount which shall be ascertained in accordance with Schedule 1 to this Order, and shall retain the balance of the aggregate of the appropriate capital and appropriate revenue sums as defined in that Schedule.
2
Richmond shall use its best endeavours to secure that payments required by paragraph (1) are made on or before the last day of the financial year in question; and any part of a payment not so made (“the residual amount”) shall be paid no later than 30th June in the next financial year.
3
Residual amounts shall be deemed to vest in the authority entitled to them on the last day of the financial year in question and shall thereafter be regarded as interest-free loans to Richmond.
4
Richmond shall be entitled to recover from each of the other housing authorities in London any amount ascertained in accordance with paragraph 4 of Schedule 1.
8
1
For the purposes of section 72(3) of the 1980 Act, the net capital receipts of each local housing authority in London for each financial year commencing with the financial year beginning 1st April 1988 shall be treated as if they included an amount which shall be determined in accordance with Schedule 2.
2
Without prejudice to paragraph (1), sums received by Richmond in respect of —
a
the sale of any property vested in that council by this Order; and
b
the repayment of discount on early disposal or of advances of a capital nature the right to the repayment of which is vested in that council by this Order,
shall not be capital receipts for the purposes of Part VIII of the 1980 Act (capital expenditure of local authorities etc.) .
9
Any sum paid to or retained by an authority by virtue of article 7 as part of an appropriate capital sum shall be applied for any purpose for which capital money received by that authority on the disposal of land under Part VII of the Local Government Act 1972 may properly be applied.
10
For the purposes of Part VIII of the 1980 Act and notwithstanding section 80 of that Act, the amount of expenditure which Richmond shall be taken to have incurred in connection with —
a
the transfer of any interest mentioned in article 2(1);
b
the discharge of any liability mentioned in article 2(6);
c
the making of any further advance; or
d
the acquisition, installation, renewal or replacement of any plant, machinery or apparatus which is required to facilitate the discharge of the functions, rights and liabilities vested in them by this Order,
shall be zero.
PART IV
Consequential administrative arrangements
11
1
On or before 31st December 1988 and 31st October in any later year, Richmond shall notify each of the other local housing authorities in London of its estimate of —
a
the amount to be paid to that authority in the current and next succeeding financial years in accordance with article 7(1) of this Order, identifying the amount which reflects the authority’s share of the appropriate capital sum; and
b
the amount which, in accordance with article 8, is to be treated as included in the authority’s net capital receipts for those years.
2
On or before 30th June in each financial year commencing with the financial year beginning 1st April 1989, Richmond shall notify each authority of the amounts determined for the preceding financial year in accordance with articles 7 and 8.
3
When Richmond send a notification under paragraph (1) or (2) to another authority they shall send a copy to the Secretary of State.
4
Richmond shall —
a
on or before the relevant date mentioned in paragraph (1) provide the Secretary of State with an estimate of the amounts they anticipate —
i
they will retain in accordance with article 7(1) by way of capital and revenue sums; and shall identify the amounts which reflect their share of the appropriate capital sum; and
ii
will be treated, in accordance with article 8(1), as included in their net capital receipts for those years; and
b
on or before the date mentioned in paragraph (2) notify the Secretary of State of the amounts —
i
retained by them in the preceding financial year in accordance with article 7(1); and
ii
included in their net capital receipts for that year in accordance with article 8(1).
Continuity of the exercise of functions
12
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes a function of Richmond or another local housing authority shall, so far as is required for continuing its effect after the transfer date, have effect as if done by or in relation to Richmond or that other authority, as the case may be.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Nicholas Ridley
Secretary of State for the Environment
11th October 1988


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1988.
2
The amount specified, which by virtue of section 5 of the Capital Gains Tax Act 1979 is, unless Parliament otherwise determines, the exempt amount for the year 1988 — 89, is £6,900.
Tony Durant
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1988