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PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1989 and shall come into force on 1st September 1989.
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 higher education in the United Kingdom, and “establishment of further education” excludes a university but includes an establishment which also provides higher education;
“ 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 Denmark, Finland, Japan, Norway, Sweden and Switzerland ;
“higher-cost country” means Austria, Belgium , the Republic of Ireland, France, the Federal Republic of Germany, the Netherlands and the United States of America ;
“high-cost country” means Canada , 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 two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living.
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; or
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 originally 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
a
In the case of a student who began his course before 1st April 1989 any reference to a course of higher education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force on 31st March 1989 ;
b
In the case of a student who begins his course on or after 1st April 1989, any reference in these Regulations to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
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 24 (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, in the European Community or in the territory comprising the European Community , the Kingdom of Spain and the Portuguese Republic, if the authority are satisfied that he would have been so resident at the relevant time but for the fact that 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 European Community or 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 herein or a schedule hereto; and a reference in a regulation or a schedule to a paragraph is a reference to a paragraph of that regulation or schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
The Education (Mandatory Awards) Regulations 1988 and the Education (Mandatory Awards) (Amendment) Regulations 1989 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 1989 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 1989 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 1988 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 1989 under these Regulations had the academic year of his course begun in the autumn of 1989 .
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) Regulations 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 1989 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 ordinarly 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 momth 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, or a person mentioned in paragraph (3)(a) or (3)(b)(i) of regulation 13 , who entered the United Kingdom on or after the relevant date 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 on 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 Kingdom 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 last 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
Subject to paragraphs (4) to (7), 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 higher 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 higher education shall be treated as if it were such a course.
4
A previous course shall be disregarded for the purposes of paragraph (3) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
A previous course shall be disregarded for the purposes of paragraph (3) 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 that 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.
6
Nothing in paragraph (3) 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 or Section 218 of the Education Reform Act 1988 ;
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 higher 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 in the United Kingdom 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 1980 or Section 218 of the Education Reform Act 1988,
unless 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.
7
Nothing in paragraph (3) shall affect the duty on an authority to bestow an award on a person if–
a
he is a refugee, or the spouse or child or 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.
8
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.
9
a
For the purposes of this regulation a person shall only be treated as having attended a course if he has attended and held a statutory award in respect of 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.
b
For the purposes of this regulation a person shall only be treated as having completed a course if he has held a statutory award in respect of that course.
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 Portuguese 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 European Community or 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, in the case of the spouse or child of such a refugee, or in the case of a person mentioned in paragraph (3) .
3
That person is a person who is a British citizen within the meaning of the British Nationality Act 1981–
a
who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the territory comprising the European Community during every part of that period in which he was not ordinarily resident in the British Islands; or
b
i
who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and
ii
whose parent is ordinarily resident in England and Wales on the relevant day as defined in relation to that person by paragraph (5) of regulation 9.
4
In paragraph (3) “parent” includes a guardian or any other person having actual custody of a minor.
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
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 is satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in paragraph (a) is due only to the need to apply through a clearing admissions system ; or
c
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 25(1).
3
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (d) 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 (d) 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) or (d) 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 25(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, 25 and 26, 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 or 22 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 regulation 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.
3
This regulation and Schedules 2 and 3 shall have effect–
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof;
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 £860 .
4
In the case of any other student, the appropriate sum shall be £1,175 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 £1,445 and where he is attending a course in a country outside the United Kingdom it shall be–
£1,800 if that country is a highest-cost country;
£1,590 if that country is a higher-cost country;
£1,385 if that country is a high-cost country; and
£1,175 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 10(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 £310 ;
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 £310 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 £85 .
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 person 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 5 and 6 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 person –
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 person'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.
3
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography.
• • •
Method of payment
24
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 26 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
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17(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 higher education being–
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1); or
ii
a course of two academic years' duration, in the case of one not so designated
(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) in the definition of “periods of experience” in 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) in the definition of “periods of experience” in 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;
c
to a person’s having attended a course shall be construed as provided in regulation 12(9).
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20 or 22.
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:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Sea Fish) (Revocation) Order 1989 and shall come into force on 7th April 1989.
Revocation
2
The Food Protection (Emergency Prohibitions) (Sea Fish) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Miscellaneous Provisions) (No. 2) Regulations 1989 and shall come into force on 28th December 1989.
2
In these Regulations –
“ the Act ” means the Local Government Finance Act 1988; and
“the principal Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989 .
Community charges: information and inspection
2
Regulation 11(2) of the principal Regulations is amended by inserting after the words “together with” the words “(in the case of an individual)”, and by inserting at the end the words “, or (in the case of a body corporate) the name of the body corporate”.
Community charges: billing
3
1
Part III of the principal Regulations (billing) is amended in accordance with this regulation.
2
Regulation 16(3)(c) is omitted.
3
In regulation 16(5) –
a
for the words “and 20” there are substituted the words “, 20 and 21A”; and
b
for the words “the sum” there are substituted the words “the sums”.
4
After regulation 21 there is inserted –
Discount: lump sum payments
21A
1
A charging authority may, subject to the conditions set out in paragraph (2), accept an amount payable in a single lump sum in such cases as it may detemine and in satisfaction of any liability of a chargeable person under a demand notice to which regulation 16(2) applies to pay the estimated amount, being a lump sum which is of an amount determined by the authority and less than the estimated amount.
2
The conditions are that –
a
the determinations under paragraph (1) as to the cases where a lump sum will be accepted and as to the amount of the sum in those cases must be made by the authority on or before the day on which it first sets an amount for the relevant year under section 32 of the Act;
b
under those determinations chargeable persons liable to pay the same number of instalments in the relevant year must be treated alike, and so that in particular the proportion that the amount of the single lump sum to be accepted in relation to a chargeable person bears to the estimated amount payable by him must be the same as that applicable to all other chargeable persons liable to pay the same number of instalments in the relevant year; and
c
for a lump sum to be accepted under those determinations as they have effect in any case –
i
at least two instalments must fall to be paid under the demand notice concerned in accordance with Schedule 1 or any agreement under regulation 17(3), and
ii
the single lump sum payment must be made on or before the day on which the first instalment falls due under the notice.
3
A determination under paragraph (1) may be revoked at any time, and if revoked may (but only on or before the day mentioned in paragraph (2)(a)) be replaced by a fresh determination.
4
If the chargeable amount proves to be greater than the estimated amount, an additional sum equal to the difference between the two, proportionately reduced in accordance with paragraph (9), shall, on the service by the charging authority on the chargeable person of a notice stating the chargeable amount, be due from the person to the authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it.
5
If the chargeable amount proves to be less than the estimated amount the charging authority shall notify the chargeable person in writing of the chargeable amount; and any overpayment of the chargeable amount (proportionately reduced in accordance with paragraph (9)) –
a
shall be repaid if the chargeable person so requires, or
b
in any other case shall (as the charging authority determines) either be repaid or be credited against any subsequent liability of the person to make a payment in respect of any community charge of the authority.
6
If any factor or assumption by reference to which the estimated amount was calculated is shown to be false before the chargeable amount is capable of final determination for the purposes of paragraphs (4) and (5), the charging authority may, and if so required by the chargeable person shall, make a calculation of the appropriate amount with a view to adjusting the chargeable person’s liability in respect of the estimated amount and (as appropriate) to –
a
requiring an interim payment from the chargeable person (proportionately reduced in accordance with paragraph (a)) if the appropriate amount is greater than the estimated amount, or
b
making an interim repayment to the chargeable person (proportionately reduced in accordance with paragraph (a)) if the appropriate amount is less than the amount of the estimated amount paid.
7
The appropriate amount for the purposes of paragraph (6) is the amount which would be required to be paid under a demand notice if such a notice were issued with respect to the relevant year on the day that the notice under paragraph (8) is issued; and more than one calculation of the appropriate amount and interim adjustment may be made under paragraph (6) according to the circumstances.
8
On calculating the appropriate amount the charging authority shall notify the chargeable person in writing of it; and a payment required under paragraph (6)(a) shall be due from the chargeable person to the charging authority on the expiry of such period (being not less than 14 days) after the day of issue of the notice as it specified in it.
9
The proportion by reference to which a payment or repayment (or sum to be credited) under paragraph (4), (5) or (6) is to be reduced is to be the proportion determined under paragraph (2)(b) in respect of the lump sum concerned in that case; but in determining whether there has been an overpayment of the chargeable amount or appropriate amount (and the amount of any sum to be repaid or credited not having been so reduced before reduction as aforementioned). One payment of the lump sum shall be treated as a payment of the estimated amount in full, and any other proportionately reduced payment or repayment already made.
10
In this regulation –
“the appropriate amount” has the meaning given in paragraph (7);
“the chargeable amount” means the amount that the chargeable person is liable to pay in respect of the community charge to which the demand notice mentioned in paragraph (1) relates as it has effect for the relevant year; and
“the estimated amount” means the amount last estimated under regulation 16(3) for the purposes of that notice or any subsequent notice given under paragraph 7(2) of Schedule 1 prior to the payment of the single lump sum mentioned in paragraph (1) above; save that if in any case an interim adjustment has been made under paragraph (6), in relation to the next payment, repayment or interim adjustment in that case under this regulation (if any) it means (except in paragraph (a)) the appropriate amount by reference to which the previous interim adjustment was so made.
Discount: non-cash payments
21B
1
A charging authority may, subject to the conditions set out in paragraph (2), accept an amount (“discounted amount”) in such cases as it may determine and in satisfaction of any liability of a person to pay to it any instalment or other payment due under a notice given under this Part, being an amount determined by the authority and less than the amount of the instalment or other payment due.
2
The conditions are that –
a
the discounted amount is paid to the authority otherwise than by either bank notes within the meaning of the Currency and Bank Notes Act 1954 or coin; and
b
the determinations under paragraph (1) as to the cases where a discounted amount will be accepted and as to the proportion that the amount is to bear to the amount of the instalment or other payment due in those cases must be made by the authority on or before the day on which it first sets an amount for the relevant year under section 32 of the Act.
3
Subject to paragraph (5), a determination under paragraph (1) may be revoked at any time, and if revoked may (but only on or before the day mentioned in paragraph (2)(b)) be replaced by a fresh determination.
4
For the purpose of determining whether an adjustment of any amount paid (whether by way of repayment, crediting or otherwise) falls to be made under this Part where a discounted amount has been accepted, the instalment or other payment by reference to which the discounted amount was accepted shall be treated as having being paid in full; but any amount to be repaid or credited against any subsequent liability in any case shall, insofar as it is attributable to such an instalment or other payment, be reduced in accordance with the proportion determined under paragraph (2)(b) in respect of that case.
5
Paragraph (4), and the power to revoke under paragraph (3), have effect in any case suject to any agreement to the contrary between the charging authority and the person liable to pay the instalment or other payment concerned.
.
5
In regulation 22(1)–
a
at the end of sub-paragraph (c) there are inserted the words “or 21A(4) or (8)”; and
b
after sub-paragraph (f) there is inserted –
or
g
any amount payable under an agreement under regulation 17(3),
.
6
In regulation 22(2) –
a
in sub-paragraph (a), for the words “to (f)” there are substituted the words “to (g)”; and
b
after sub-paragraph (c) there is inserted –
or
d
any amount payable under an agreement under paragraph 3(4) of Schedule 2,
.
7
In regulation 22, after paragraph (9) there is inserted –
10
Where a charging authority collects a penalty from the chargeable person in accordance with regulation 24(1)(a), references in paragraph (1) to an amount do not include references to such part of the amount as is attributable to the penalty; but any payment made by the chargeable person in respect of the amount shall (unless it is made while the penalty is suject to appeal or arbitration) be treated as being made towards satisfaction of the penalty unless and until his liability in respect of the penalty is discharged.
.
8
In regulation 23(5), after the words “the day” there are inserted the words “of issue”.
9
In regulation 24(1)(a), for the words “as it” there are substituted the words “as if”.
10
In regulation 24(3), after the words “this regulation” there are inserted the words “and regulation 22(10)”.
11
In paragraph 6(6) of Schedule 1, for the words “and 20” there are substituted the words“, 20 and 21A”.
12
In paragraph 7(1)(d) of Schedule 1, for the words “under regulation 62” there are substituted the words “under section 40(3) of the Act”.
13
In paragraph 7(2) of Schedule 2, after the words “period will end” there are inserted the words “by reason of other than the expiry of a chargeable financial year”.
Community charges: enforcement
4
1
Part IV of the principal Regulations (enforcement) is amended in accordance with this regulation.
2
In paragraph (6) of regulation 29, for the words “The order shall” there are substituted the words “An order made pursuant to paragraph (5) shall”; and after that paragraph there is inserted –
7
Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the charging authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application.
.
3
In regulation 30(1), after the words “such amount” there are inserted the words “(or aggregate amount)”, and after the words “regulation 29(6)” there are inserted the words “and (7)”.
4
In regulation 31(3), after sub-paragraph (e) there is inserted –
f
where the liability order was made in respect of an amount payable in relation to a personal or standard community charge, information as to whether another person is jointly and severally liable as spouse of the debtor for the whole or any part of that amount; or
g
where the liability order was made in respect of an amount payable in relation to a standard community charge and the debtor is a company, or it was made in respect of an amount payable in relation to a collective community charge, information as to whether another person is jointly and severally liable as manager of the debtor for the whole or any part of that amount.
.
5
After regulation 31(4) there is inserted –
5
In paragraph (3), “spouse” and “manager” have the same meaning as in sections 16 and 17 of the Act.
.
6
In regulation 43(2), the words “of that Act” are omitted, and at the end there are inserted the words “or, as the case may be, 221(5)(b) (winding up of unregistered companies) of that Act”.
7
In regulation 44(1)(a), after the words “liability order” there are inserted the words “pursuant to regulation 29(5)”.
8
In regulation 46(2) –
a
after the words “may not be taken” there are inserted the words “against a person under a liability order”; and
b
at the end there are inserted the words “against him under it”.
9
In regulation 48(8) –
a
for the words “against that one” there are substituted the words “against any of them”; and
b
after the words “distress” there are inserted the words “bankruptcy, winding up”.
10
In regulation 48(12), after the words “regulation 29(6)(b)” (in both places where they occur) there are substituted the words “or (7)”.
11
After regulation 48(12) there is inserted –
12A
Paragraph (12) is not to be construed as permitting a charging authority to apply under regulation 29(2) for a liability order against a spouse or manager in respects of costs alone after an order has been made for those costs against the chargeable person.
.
12
In regulation 52(3)(a), for the words “23(4)” there are substituted the words “21A(5) or (8), 23(3) or (4)”.
13
In column (2) of head A of the Table to paragraph 1 of Schedule 5, for the words “not greater than” there are substituted the words “equal to”.
Outstanding liabilities on death
5
Regulation 61(5)(a) of the principal Regulations is amended by inserting after the words “regulation 29(6)(b)” the words “or (7)”.
Standard community charge multipliers
6
1
In regulation 62(1) of the principal Regulations –
a
for the words “specified for the purposes of section 40(2) and (3)” there are substituted the words “prescribed for the purposes of section 40(4)”;
b
for sub-paragraph (b) of the prescription of class D there is substituted –
b
the property was previously his sole or main residence, and for the whole of the period since it last ceased to be such he has been a relevant individual
; and
c
after the prescription of class F there are inserted the following prescriptions –
Class FA: unoccupied property which is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office;
Class FB: unoccupied property with respect to which less than 12 months have elapsed since the day on which it was last occupied, where –
a
the person subject to the standard community charge arising by virtue of the property is an individual who has his sole or main residence in another place which is not a hospital, residential care home, nursing home, mental nursing home or hostel within the meaning of paragraph 8 or 9 of Schedule 1 to the Act , and he is so resident there for the purpose of receiving personal care which he requires by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
b
the property was previously his sole or main residence, and for the whole of the period since it last ceased to be such he has been a relevant individual;
Class FC: unoccupied property with respect to which less than 12 months have elapsed since the day on which it was last occupied, where –
a
the person subject to the standard community charge arising by virtue of the property (“the chargeable person”) is an individual who has his sole or main residence in another place for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
b
the property was previously the sole or main residence of the chargeable person, and for the whole of the period since it last ceased to be such he has had his sole or main residence in other places for the purpose mentioned in sub-paragraph (a) above.
.
2
In regulation 62(2) of those Regulations, for the words “specified for the purposes of section 40(2) and (3)” there are substituted the words “prescribed for the purposes of section 40(4)”.
3
For regulation 62(3) of those Regulations there is substituted –
3
A person is a relevant individual at any time for the purposes of sub-paragraph (b) of the prescription of classes D and FB if –
a
he is exempt at the time from the personal community charge in consequence of the provisions of paragraph 8 or 9 of Schedule 1 to the Act (or, as regards periods before persons could become subject to a personal community charge, would be so exempt if such charges, those provisions and the provisions of article 4 of the Personal Community Charge (Exemptions) Order 1989 were then in effect), or
b
he has his sole or main residence at the time in such another place as is mentioned in sub-paragraph (a) of the prescription of class FB for the purpose of receiving personal care which he requires by reason of the matters so mentioned.
.
4
In regulation 62(5)(a) of those Regulations, for the words “to F and I to L” there are sustituted the words “to FC”.
5
In regulation 62(5)(b) of those Regulations, the words “and M to O” are omitted.
6
In regulation 59(5) of those Regulations –
a
for the words “or I (as the case may be)” there are substituted the words, “FB or FC”; and
b
for the words “specification of class D” there are substituted the words “prescription of class D, FB or FC (as the case may be)”.
Students
7
1
In paragraph (c) of the definition of “full-time course of education” in regulation 2(1) of the Personal Community Charge (Students) Regulations 1989 , and in regulation 6(1)(d) of those Regulations –
a
for the words “as respects” there is substituted the word “during”; and
b
for the words “for the year” there are substituted the words “in the year”.
2
As regards any certificate which may fall to be supplied under regulation 4 of those Regulations in consequence of the amendments made by paragraph (1) and which has not been supplied on or before the day these Regulations came into force, regulation 4(3) of those Regulations shall have effect as if the reference to the day those Regulations come into force were a reference to the day these Regulations come into force.
Co-owners: administration and enforcement
8
Paragraph 21(a) of Schedule 2 to the Act is amended by substituting for the words “to 5” the words “to 5A”.
Chris Patten
Secretary of State for the Environment
Peter Walker
Secretary of State for Wales
3rd December 1989


text:
1
This Order may be cited as the Non-Domestic Rating (Stud Farms) Order 1989, and shall come into force on 4th January 1990.
2
£2,500 is hereby specified for the purposes of paragraph 2A of Schedule 6 to the Act (deduction from valuation of hereditaments used for breeding horses, etc. ).
Chris Patten
Secretary of State for the Environment
11th December 1989
Peter Walker
Secretary of State for Wales
5th December 1989


text:
1
These Regulations may be cited as the National Savings Bank (Amendment) Regulations 1989, and shall come into force on 1st March 1989.
2
The National Savings Bank Regulations 1972 shall be amended by deleting sub-paragraph (b) in regulation 22(1).
David Lightbown
David Maclean
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 1989


text:
1
This Order may be cited as the Water Reorganisation (Nominated Holding Companies) (Extinguishment of Loans) Order 1989 and shall come into force on 15th November 1989.
2
1
Any liability of each nominated holding company (being a company wholly owned by the Crown) in respect of the principal of any transferred loan is hereby extinguished.
2
Any liability of each successor company (being a company wholly owned by the Crown) under debentures issued in respect of any transferred loan in consequence of a direction under section 85(2) of the Water Act 1989 is hereby extinguished.
3
In this article “transferred loan” means a loan the liability to repay the principal of which was transferred to a nominated holding company by the Water Reorganisation (Successor Companies) (Transfer of Loans) Order 1989«2.
3
The Water Reorganisation (Successor Companies) (Transfer of Loans) Order 1989 is hereby revoked.
Peter Walker
Secretary of State for Wales
30th October 1989
Chris Patten
Secretary of State for the Environment
31st October 1989
We consent,
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 1989


text:
Citation and commencement
1
These Regulations may be cited as the Community Charges (Information Concerning Social Security) Regulations 1989 and shall come into force on 22nd May 1989.
Interpretation
2
In these Regulations –
“ the Act ” means the Local Government Finance Act 1988;
“the 1986 Act ” means the Social Security Act 1986 ;
“appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;
“community charge benefits” means benefits to which section 20(1)(d) of the 1986 Act refers;
“income support” shall be construed in accordance with Part II of the 1986 Act;
“partner” means –
where a person is a member of a married or unmarried couple , the other member of that couple; or
where a person is polygamously married to two or more members of his household, any such member to whom he is so married;
“registration officer” means a community charges registration officer within the meaning of section 26 of the Act.
Supply of relevant information to registration officers
3
1
For the purposes of paragraph 14 of Schedule 2 to the Act (information concerning social security) no duty of confidentiality shall prevent the Secretary of State from disclosing relevant information (within the meaning of that paragraph) to a registration officer for a charging authority.
2
For the purposes of Sub-paragraph (c) of paragraph 14(2) of Schedule 2 to the Act (meaning of relevant information) there is prescribed information of the description set out in paragraphs (3) and (4).
3
For the period from the coming into force of these Regulations until 31st March 1990 (both dates inclusive), the information is information as to the name and address of any person, aged 18 or over and any partner aged 18 or over of that person, where that person is in receipt of income support at any time within that period but is not receiving housing benefit under Part II of the 1986 Act.
4
For the period from 1st April 1990 the information is information as to the name and address of any person, aged 18 or over, and any partner aged 18 or over of that person, where that person is awarded income support but has not at the time of the award, made a claim for community charge benefits at the appropriate Social Security office.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,Department of Social Security
14th March 1989


text:
1
The Buckinghamshire County Council Fenny Stratford Southern Bypass (Canal Bridge) Scheme 1987 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Eastern Regional Office, Heron House, 49–51 Goldington Road, Bedford MK40 3LL and at the offices of the Buckinghamshire County Council, County Hall, Aylesbury HP20 1UA.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Buckinghamshire County Council Fenny Stratford Southern Bypass (Canal Bridge) Scheme 1987 Confirmation Instrument 1989.
Signed by authority of the Secretary of State
A. Whitfield
Regional Director Eastern Region
Department of Transport
17th July 1989