text:
Title, extent and commencement
1
These Regulations may be cited as the Oilseeds Producers (Support System) Regulations 1992, shall apply in Great Britain and shall come into force on 3rd April 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised officer” means any person (whether or not an officer of that authority) who is authorised by the competent authority, either generally or specially, to act in matters arising under these Regulations;
“the Commission Regulation” means Commission Regulation ( EEC ) No 615/92 laying down detailed rules for a support system for producers of soya beans, rape seed, colza seed and sunflower seed ;
“the competent authority” —
in relation to England, means the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, means the Secretary of State;
“the Council Regulation” means Council Regulation (EEC) No 3766/91 establishing a support system for producers of soya beans, rape seed and colza seed and sunflower seed ;
“oilseeds” means soya beans, rape seed, colza seed and sunflower seed;
“specified control measure” means any check, test, verification, inspection, investigation, control or other operation a Member State is required to carry out under Article 4(5) or 9 of the Council Regulation or Article 4, 6(2), 10, 11, 12, 13, 14, 16 or 17 of the Commission Regulation.
2
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Council Regulation and the Commission Regulation.
3
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Minimum plot size
3
1
Subject to paragraph (2) below, for the purposes of Article 3(1)(ii)(b) of the Commission Regulation, the minimum plot size shall be 0.1 hectares.
2
Where seed of a type specified in Article 6(1)(d) of the Commission Regulation is sown the minimum plot size shall be 0.01 hectares.
Latest date for lodging applications for direct payment
4
1
For the purposes of Article 3(1)(iv) of the Commission Regulation, the latest date for the lodging of an application for a direct payment shall be the date specified for that purpose in Annex I to that Regulation.
2
For the purposes of Article 5 of the Commission Regulation, the latest date for the lodging of a harvest declaration shall be the date specified for that purpose in Annex I to that Regulation.
Powers of authorised officers
5
1
An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out any specified control measure, or
b
ascertaining whether an offence under regulation 9(3) has been or is being committed.
2
An authorised officer may enter any land, other than land used only as a dwelling, which is, or which such officer has reasonable cause to believe to be, a production holding occupied by, or in the possession of, a producer or any employee, servant or agent of a producer.
3
An authorised officer who has entered any land by virtue of this regulation may —
a
inspect all or any part of the land farmed by a producer;
b
inspect any oilseeds growing on that land or kept on it and;
c
where the producer’s application states that he has sown seed of a type specified in Article 6(1)(b) of the Commission Regulation, remove a sufficient quantity of seed of the type sown in order to carry out the analysis referred to in Annex V or Annex VI of that Regulation.
4
An authorised officer entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer may —
a
require any producer or any employee, servant or agent of a producer to produce any record and to supply such additional information in that person’s possession or under his control relating to an application for direct payment as the authorised officer may reasonably request;
b
inspect any such record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record;
c
require that copies of, or extracts from, any record be produced;
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised officers
6
A producer or any employee, servant or agent of a producer shall give to an authorised officer such assistance as the authorised officer may reasonably request so as to enable the authorised officer to exercise any power conferred upon him by regulation 5.
Rate of interest
7
For the purposes of Article 14(6) of the Commission Regulation, interest shall be calculated at the rate of two percentage points above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Recovery of payments
8
A competent authority may recover from any person any payment that person is required to return under Article 14 of the Commission Regulation together with interest thereon as specified in paragraph (6) of that Article.
Offence and Penalties
9
1
If any person —
a
intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) in the exercise of a power conferred by regulation 5; or
b
fails without reasonable excuse to comply with a request made under regulation 6,
he shall be guilty of an offence.
2
A person guilty of an offence under paragraph 1 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If any person for the purpose of obtaining the whole or any part of a direct payment or in purported compliance with any requirement imposed in accordance with regulation 5(5) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
he shall be guilty of an offence.
4
A person guilty of an offence under paragraph 3 above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Proceedings in England and Wales for an offence under paragraphs (1) and (3) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the competent authority to justify proceedings comes to its knowledge, and in any case within twelve months from the commission of the offence.
6
Summary proceedings in Scotland for an offence under paragraphs (1) and (3) above may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such a warrant is executed without undue delay.
7
A certificate purporting to be signed —
a
for the purposes of paragraph (5) above, by or on behalf of the competent authority, or
b
for the purposes of paragraph (6) above, by the procurator fiscal, shall be conclusive evidence of the date on which evidence sufficient to justify proceedings came to the knowledge of the competent authority or the procurator fiscal (as the case may be).
8
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
9
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (8) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
10
In paragraphs (8) and (9) above references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Prosecutions
10
Proceedings for an offence under these Regulations shall not, in England and Wales, be instituted except by a competent authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th March 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Secretary of State for Scotland
10th March 1992


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Savings Certificates (Children’s Bonus Bonds) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Savings Certificates (Children’s Bonus Bonds) (Amendment) Regulation 1991 shall be amended; —
1
in regulation 2(1), by inserting the following definition —
“the adjudicator” means a person appointed under section 84 of the Friendly Societies Act 1992
,
and by omitting the definition of “Chief Registrar of friendly societies”;
2
in regulation 18(1) to (3), by subsituting for the words “Chief Regsitrar of friendly societies” and “Chief Registrar” in all the places that they appear the word “adjudicator”;
3
by subsituting for regulation 18(4) the following new paragraph —
5
Where a dispute of the sort referred to in paragraph (1) above was referred before 1 January 1993 to the Chief Registrar of friendly societies or a deputy appointed by him or (by virtue of the application of these Regulations to Scotland) to the assistant registrar of friendly societies for Scotland, that dispute shall be treated as if it had been referred to the adjudicator and any thing done in relation to such a dispute by the Chief Registrar, any deputy appointed by him or the assistant registrar shall be treated as a thing done by the adjudicator.
;
4
by omitting regulation 27(g).
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury.
9th December 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No.2) Order 1992 and shall come into force on1st June 1992.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 and 4 below.
3
In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No.3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No.4026/86 , Council Regulation (EEC) No.2968/87 , Council Regulation (EEC) No.3953/87 , Council Regulation (EEC) No.1555/88 , Council Regulation (EEC) No.2024/88 , Council Regulation (EEC) No.3287/88 , Council Regulation (EEC) No.4193/88 , Council Regulation (EEC) No.2220/89 , Council Regulation (EEC) No.4056/89 , Council Regulation (EEC) No.3500/91 and Council Regulation (EEC) No.345/92 ;
4
For Schedule 1 thereto (maximum fines on summary conviction apart from fines related to value of fish) there shall be substituted the Schedule to this Order.
Revocation
5
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1992 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th April 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sir Hector Monro
Parliamentary Under Secretary of State, Scottish Office
27th April 1992
David Hunt
Secretary of State for Wales
23rd April 1992
Sir Patrick Mayhew
Secretary of State for Northern Ireland
28th April 1992


text:
1
This Order may be cited as the Public Airport Companies (Capital Finance) (Third Amendment) Order 1992 and shall come into force on 1st January 1993.
2
In the Schedule to the Public Airport Companies (Capital Finance) Order 1990 —
a
for “Bournemouth Hurn Airport plc” there shall be substituted “Bournemouth International Airport plc”, and
b
after the entry for East Midlands International Airport plc, there shall be added the following entry —
Gloucestershire Airport Limited Gloucester City Council
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
7th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1992 and shall come into force —
a
for the purposes of regulations 2 and 3(1), on 1st July 1992;
b
for all other purposes, on 8th July 1992.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Dental Services) Regulations 1992 .
Substitution of regulation 35 of the principal Regulations
2
For regulation 35 of the principal Regulations there shall be substituted the following regulation: —
Transitional provisions
35
Until 8th July 1992 paragraph 17 of Schedule 1 shall have effect as if in head (k) of sub-paragraph (2) of that paragraph the words “or the removal of the fractured portion of a natural crown, where its dissection from supporting soft tissues is necessary prior to the provision of a permanent restoration” were omitted.
.
Amendment of Schedules to the principal Regulations
3
1
In Part III of Schedule 1 to the principal Regulations (terms of service — occasional treatment), in paragraph 17(2) —
a
head (a) shall be omitted; and
b
in head(s) for “(a)” there shall be substituted “(b)”.
2
In Part II of Schedule 4 to the principal Regulations (prior approval treatment) —
a
in paragraphs 1 and 2 for “£600” there shall be substituted “£200”;
b
in paragraph 3(b) for the words “and retention” there shall be substituted the words, “retention and the extraction of any tooth for orthodontic purposes”.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
24th June 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992.
2
These Regulations shall come into force for the purposes of regulations 1 to 5, 7, 8, 9, and 14 on 1st January 1993 and for all other purposes on 15th January 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“batch” means a quantity of live bivalve molluscs collected from a production area and subsequently intended for delivery to an approved dispatch centre, purification centre, relaying area or processing plant;
“bivalve molluscs” means filter-feeding lamellibranch molluscs;
“clean sea water” means sea water or brackish water which is to be used under the conditions laid down in these Regulations and which is free from microbiological contamination and toxic and objectionable substances occurring naturally or after discharge in the environment, including those listed in the Annex to Directive 79/923/ EEC (quality required of shellfish waters), in such quantities as may adversely affect the health quality of bivalve molluscs or other shellfish or impair their taste;
“conditioning” means storage in tanks or any other installation containing clean sea-water or in natural sites to remove sand, mud or slime;
“consignment” means a quantity of either live bivalve molluscs or other shellfish, or both, handled in a dispatch centre or treated in a purification centre and subsequently intended for one or more customers;
“the Council Directive ” means Council Directive 91/492/EEC of 15th July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs;
“derogation” means the grant pursuant to the Derogations Regulations of a further period within which to comply fully with the conditions for the approval of dispatch centres and purification centres specified in the relevant section of the Schedule to the Derogations Regulations;
“the Derogations Regulations” means the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 ;
“designated bivalve production area” has the meaning given in regulation 3;
“dispatch centre” means any on-shore or off-shore installation for the reception, conditioning, washing, cleaning, grading or wrapping of either live bivalve molluscs or other shellfish, or both, for human consumption;
“E.coli” means faecal coliforms which also form indole from tryptophan at 44° C ± 0.2° C within 24 hours;
“establishment” includes a dispatch centre, a purification centre or a processing plant;
“faecal coliform” means facultative, aerobic, gram-negative, non-sporeforming, cytochrome oxidase negative, rod-shaped bacteria that are able to ferment lactose with gas production in the presence of bile salts, or other surface active agents with similar growth-inhibiting properties at 44° C plus or minus 0.2° C within at least 24 hours;
“final consumer” means a person who buys live bivalve molluscs or other shellfish(a)for his own consumption or consumption by his partner, family or other person in solely domestic context; (b)for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or (c)for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises;
“food authority” means an authority specified in regulation 20 which is to enforce and execute these Regulations;
“gatherer” means any person who collects live bivalve molluscs or other shellfish by any means from a harvesting area for the purpose of handling and placing on the market;
“healthmark” means a certificate in the form specified in paragraph 1 of Schedule 1 containing the information specified in that form and that Schedule as required by regulation 11(1)(h);
“laying” means a foreshore, bed, pond, pit, ledge, float or similar place including a relaying area where live bivalve molluscs or other shellfish are liable to be taken harvested or deposited;
“marine biotoxins” means poisonous substances accumulated by bivalve molluscs feeding on plankton containing toxin;
“means of transport” means those parts of road or rail vehicles, aircraft or ships, including containers and trailers used in conjunction with any such transport, constructed or adapted for the transport of goods;
“movement document” means a document in the form specified in Schedule 2 containing the information specified in that form and that Schedule, as required by regulation 11(1)(b);
“other shellfish” means live echinoderms, tunicates and marine gastropods;
“permanent transport authorisation” means a written authorisation issued pursuant to regulation 11(1)(b) and in accordance with the form and procedure prescribed in paragraph 6(8) of Schedule 2;
“placing on the market” means, in relation to live bivalve molluscs or other shellfish for human consumption, whether raw or for the purpose of processing, the holding, exposure, displaying for sale, offering for sale, selling, consigning, delivering or any other associated activities of marketing;
“potable water” means water within the meaning of Directive 80/778/EEC (the quality of water intended for human consumption);
“private laying” means a laying where live bivalve molluscs or other shellfish are usually harvested or deposited by the owner or by a tenant of the laying and “tenant” includes any person authorised by the owner or by a tenant of that laying so to harvest or deposit;
“production area” means any sea, estuarine or lagoon area containing either natural deposits of bivalve molluscs or, sites used for the cultivation of bivalve molluscs, including relaying areas, from which live bivalve molluscs are taken;
“public laying” means a laying which is not a private laying;
“purification centre” means an establishment with tanks fed by naturally clean sea water or sea water that has been cleaned by appropriate treatment, in which live bivalve molluscs are placed for the time necessary to remove microbiological contamination, so making them fit for human consumption;
“relaying” means a transfer of live molluscs to an area of sea, estuary or lagoon for the purpose of removing any contamination, for the time necessary to remove such contamination, but does not include transfers to areas more suitable for further growth or fattening;
“relaying area” means any area of sea, estuary or lagoon within boundaries clearly marked and indicated by buoys, posts or any other fixed means and which is used exclusively for the natural purification of live bivalve molluscs;
“Sea Fisheries Committee” means a local fisheries committee for a sea fisheries district constituted under the Sea Fisheries Regulation Act 1966 ;
“wrapping” means the placing of a live bivalve mollusc in packaging material adequate for the purpose.
2
For the purpose of these Regulations a live bivalve mollusc or other shellfish shall be treated as if it is a food or food source even though it is usually supplied alive to the final consumer.
3
In these Regulations —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number;
b
a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which bears that number.
4
For the purposes of these Regulations the Schedule to the Derogations Regulations shall be construed as follows —
a
references to the competent authority in paragraph 4 of Section III and paragraph 1(a) of Section IV of that Schedule shall be taken to be references to the Ministers;
b
references to the competent authority in paragraph 11 of Section III and paragraphs 3 and 4 of Section IV of that Schedule shall be taken to be references to the food authority;
c
the reference to the competent authority in paragraph 12 of Section III of that Schedule shall be taken to be references to the food authority or a person authorised by the Ministers;
d
references to Chapter V shall be taken to be reference to Schedule 5 to these Regulations;
e
references to the registration document referred to in Chapter II , section 6 shall be taken to be references to a movement document or, where the requirements of paragraph 6 or Schedule 2 are met, to a permanent transportation authorisation;
f
the period laid down in paragraph 4 of Section IV for the preservation of data is six months.
Designation of certain areas
3
1
The Ministers shall designate sea waters and brackish waters from which live bivalve molluscs may be taken in accordance with the requirements of these Regulations, referred to in these Regulations as “designated bivalve production areas” and shall specify as respects each area of water designated by them whether it is —
a
a class A area from which molluscs can be gathered as specified in Part 1 of Schedule 3;
b
a class B area from which molluscs can be gathered as specified in Part 2 of Schedule 3;
c
a class C area from which molluscs can be gathered as specified in Part 3 of Schedule 3,
and any such designation may be made subject to any limitation, condition or restriction as the Ministers think fit.
2
Each food authority shall designate as a relaying area any area within its district which —
a
has been designated as being a class A or B area in accordance with Schedule 3, and
b
in its opinion is suitable for the relaying of live bivalve molluscs if the conditions specified in Parts 2 and 3 of Schedule 3 and in Schedule 4 are satisfied,
and, where the Ministers have notified the food authority that specified conditions relating to the matters mentioned in Schedule 4 should be complied with in operating the relaying area, the food authority shall make that designation subject to those conditions.
3
The food authority shall notify the Ministers of any designation made under paragraph (2) and of its terms.
4
The Ministers shall maintain and publish —
a
a list of designated bivalve mollusc production areas, and
b
a list of any areas which food authorities have designated as suitable for relaying,
and amendments to these limits shall be published from time to time.
5
The Ministers shall send a copy of the list, and of any amendments to it, to each food authority and to any other person of whom they are aware who, in its view, is directly affected by these Regulations.
6
Each food authority shall take such action as it considers sufficient to bring the relevant part of such list to the attention of any harvester, handler, and operator of either a purification centre or dispatch centre in its area.
Areas unsuitable for production or harvesting
4
The Ministers may at any time designate any area as an area unsuitable for production or harvesting of live bivalve molluscs or other shellfish, or both, and any such area shall be described as appropriate as a “designated prohibited area for bivalve mollusc production”, a “designated prohibited area for other shellfish production”, or “designated prohibited area for live bivalve molluscs and other shellfish production”.
Alterations to designated areas
5
1
Subject to paragraph (3) the Ministers may at any time —
a
vary the boundary of any area designated under regulation 3(1) or 4,
b
impose limitations, restrictions or conditions on the use of any area designated under regulation 3(1) or 4,
c
alter the class of any area within a designated bivalve production area,
d
vary the designation of any area designated under regulation 4,
for such period as he thinks fit, and shall communicate such amendment to the food authority and to persons who appear to be affected.
2
Subject to paragraph (3) the Ministers may at any time —
a
if the area is no longer suitable for the gathering of live bivalve molluscs in accordance with the requirements of Schedule 3, revoke the designation of a designated bivalve production area;
b
if the area is no longer suitable for the relaying of live bivalve molluscs in accordance with the requirements of Schedules 3 and 4, revoke the designation of a relaying area.
3
The Ministers before exercising the power conferred by paragraph (1) or (2) shall invite representations from any food authority, gatherer or handler of whom they are aware and who appears to them to be likely to be affected by the exercise of that power.
4
A food authority may, having first invited and had regard to representations from any person likely to be affected, at any time vary the designation of a relaying area made under regulation 3(2), and shall communicate such amendment to the Ministers.
Restriction on production and harvesting of bivalve molluscs
6
No live bivalve molluscs produced or harvested in Great Britain shall be placed on the market for human consumption unless they are produced at or harvested from a designated bivalve production area and such production or harvesting is in accordance with the requirements of these Regulations.
Approval of dispatch centres and purification centres
7
1
Subject to the provisions of these Regulations any person who intends to operate a dispatch centre or a purification centre on or after 15th January 1993 shall before doing so apply to the food authority in whose area the dispatch centre is situated for approval of that centre.
2
An application pursuant to paragraph (1) shall be —
a
made in writing, and
b
accompanied by such supplementary information, documents, plans and diagrams as are necessary to enable the food authority to determine the application having regard to the matters specified in the relevant Parts of the Schedule to the Derogations Regulations.
3
A person who has been granted a derogation by the Secretary of State in respect of a dispatch or purification centre may, when applying for approval of that centre, claim the benefit of that derogation in respect of any operations carried out during the period of that derogation subject to compliance with the conditions on which it was granted.
4
No approval shall be granted for a dispatch centre or purification centre unless the food authority is satisfied —
a
in respect of an application for a dispatch centre, that the conditions specified in Parts 1, 2 and 4 of the Schedule to the Derogations Regulations are satisfied, or
b
in respect of an application for a purification centre, that the conditions specified in Parts 1, 2 and 3 of the Schedule to the Derogations Regulations are satisfied and that any operating conditions are in accordance with a system approved by the Ministers pursuant to regulation 7(5),
having regard to the effect of any derogration claimed by the applicant.
5
An approval for the purposes of this regulation may be granted subject to limitations as to the particular activities approved and the intensity of use, and, where the Ministers have notified the food authority that specified conditions for the operation of a purification centre relating to the matters mentioned in Section III of the Schedule to the Derogations Regulations should be complied with, the food authority shall give their approval subject to those conditions.
6
The food authority shall give written notification to each person who makes an application in accordance with paragraph (1) of the result of the application and, in the case of a refusal, the reasons for that refusal.
7
If such an application is approved the food authority shall —
a
designate the dispatch centre or purification centre by a unique approval number,
b
notify the Secretary of State of the approval and the approval number allocated, and
c
in a case where paragraph (3) applies specify that the approval will expire on the date on which the derogation is due to expire.
Operation of centres while appeal pending
8
Where an appeal against any decision taken by a food authority to refuse or to grant subject to any limitation or condition an approval under regulation 7 is made to a magistrates' court or a sheriff in accordance with section 37(1)(c) of the Act as applied by regulation 19, the applicant may continue to operate the centre the subject of the appeal, or operate it free of such limitation or condition, until such time as the appeal is finally determined.
Supplementary provisions about approvals
9
1
If before finally determining an application a food authority is minded to refuse the application it shall, and in any other circumstance where it considers it reasonable to do so it may, invite the applicant to make oral representations, on a date within 2 months of the invitation, on any matters specified by the food authority, in writing, which it considers relevant to its final determination.
2
Before finally determining an application a food authority may in writing request an applicant to provide supplementary written information to enable it to properly determine the application.
3
A person may at any time apply to a food authority to vary the terms or limitations of any approval.
Restriction on the operation of dispatch and purification centres
10
1
No person shall operate any dispatch centre or purification centre unless it has been approved by the food authority and the requirements of the approval, of the Schedule to the Derogations Regulations and of any applicable derogation are complied with.
2
The proprietor of each dispatch centre or purification centre shall ensure that —
a
representative numbers of samples for laboratory examination are regularly taken and analysed so as to establish an historical record on the basis of the areas where batches come from and of the health quality of the live bivalve molluscs and other shellfish both before and after handling at a dispatch centre or purification centre, and
b
the sampling and recording as specified in the Schedule to the Derogations Regulations is undertaken.
Restrictions on marketing of molluscs and shellfish
11
1
Subject to the following provisions of these Regulations no person shall place live bivalve molluscs on the market for immediate human consumption unless they satisfy the following requirements —
a
except in the case of those pectinidae which are not aquaculture products within the definition in the Food Safety (Fishery Products) Regulations 1992 they originate from a designated bivalve production area of any class specified in Schedule 3 and any conditions or limitations specified in that Schedule in relation to that class have been complied with;
b
they have been harvested from such production area, kept and transported to an approved dispatch centre, approved purification centre, approved relaying area or approved processing plant in accordance with the requirements of Schedule 2 and are accompanied by a movement document in the form and containing the information prescribed in that Schedule or authorised by a permanent transport authorisation;
c
they have, where necessary, been relaid in accordance with Schedule 4;
d
they have been handled hygienically and where appropriate they have been purified or been subject to intensive purification at an approved purification centre;
e
they are as specified in Schedule 5;
f
ny wrapping is in accordance with Schedule 6;
g
they have been stored and transported under satisfactory conditions of hygiene and in particular in accordance with the requirements specified in Parts 1 and 2 of Schedule 7;
h
they bear the information comprising the healthmark in accordance with the requirements of Schedule 1 and, in particular, display the healthmark in the way prescribed in that Schedule.
2
Subject to the following provisions of these Regulations, no person shall place any other shellfish on the market unless they satisfy the requirements in sub-paragraphs (e) to (h) in paragraph (1) and the following requirements —
a
after harvesting they have been transported to an approved dispatch centre or approved processing plant;
b
they have been handled hygienically.
3
A retailer who splits up the contents of a consignment of live bivalve molluscs or other shellfish which are not wrapped in individual consumer-size parcels shall keep the healthmark which was attached to the consignment for a period of not less than 60 days.
Exemptions for marketing molluscs and other shellfish within UK
12
1
Subject to paragraphs (2) and (3), during any calendar year, a coastal fisherman who has notified the food authority as specified in paragraph (2) may directly transfer to a retailer or final consumer within the United Kingdom for immediate human consumption a small quantity of any species of live bivalve molluscs gathered from a Class A area or of other shellfish, and where he does so, in the case of live bivalve molluscs regulation 11(1)(b), (c), (f) and (h) and, in the case of other shellfish, regulation 11(1)(f) and (h) and (2)(a) shall not apply to him.
2
A coastal fisherman who proposes to transfer live bivalve molluscs or other shellfish in accordance with paragraph (1) shall —
a
prior to his gathering for the first time in the district of any food authority notify that food authority in writing of his intention to do so and shall at the same time supply the information specified in Schedule 8, and
b
similarly notify the food authority of any subsequent changes to the information originally supplied.
3
For the purpose of paragraph (1) a “small quantity” means in relation to each species listed in column (a) in the table in this paragraph an amount not exceeding the maximum quantity specified in column (b) in that table —
Table
(a) (b) species maximum amount
Cockles 25.0 tonnes Oysters 5.0 tonnes King Scallops 5.0 tonnes Queen Scallops 10.0 tonnes Mussels 20.0 tonnes Marine Gastropods 20.0 tonnes Other live bivalve molluscs 10.0 tonnes
Temporary prohibition orders concerning layings
13
1
Subject to paragraph (5) a food authority may, if satisfied that the consumption of live bivalve molluscs or other shellfish taken from a laying is likely to cause a risk to public health, make a temporary prohibition order prohibiting the placing on the market, including a placing in the circumstances of regulation 12, of any such molluscs or other shellfish from that laying.
2
A temporary prohibition order shall cease to have effect at the expiration of a period of 28 days after it was made unless earlier revoked by the food authority.
3
Forthwith after making such an order a food authority shall —
a
in the case of a private laying serve a notice on every owner and tenant of the laying whose name and address can with reasonable diligence be ascertained containing the information specified in paragraph (4); or
b
in the case of a public laying affix notices in the vicinity of the laying and take any other steps it considers appropriate to bring the order to the attention of those affected and in either case send a copy of the order and notice to the Ministers and any Sea Fisheries Committee in whose district the laying is situated.
4
The information referred to in paragraph (3)(a) is —
a
the reasons of the food authority for making the order;
b
the action which the food authority is requesting the Ministers to take pursuant to regulation 5(1) and in particular the detail of any restrictions or conditions;
c
the right of any person affected to make representations to the Ministers pursuant to regulation 5(2) before they finally determine the matter; and
d
how a person may exercise such right.
5
A food authority shall not make a temporary prohibition order in respect of any laying if it has made such an order in respect of that laying within the preceding 28 days, unless the Ministers give consent to such action.
6
It is an offence to place on the market live bivalve molluscs or other shellfish taken from layings subject to the restrictions of a temporary prohibition order.
Monitoring by Ministers and food authorities
14
1
The Ministers shall perform the functions specified in paragraph 1 of Schedule 9.
2
Each food authority shall perform the functions specified in paragraph 2 of Schedule 9.
Imports
15
A person may only place on the market live bivalve molluscs or other shellfish which have been imported in the United Kingdom if subsequent to importation they have been handled in accordance with sub-paragraphs (b) to (h) of regulation 11(1) of these Regulations.
Food treated as failing to comply with food safety requirements
16
1
A food authority may certify any live bivalve molluscs or other shellfish in respect of which any of the requirements of these Regulations has not been complied with as being a food or food source which fails to comply with these Regulations.
2
Any live bivalve molluscs or other shellfish which in accordance with these regulations is certified as being a food or food source which fails to comply with these Regulations may be treated for the purpose of section 9 of the Act as failing to comply with food safety requirements.
False information
17
Any person who for any purpose connected with these Regulations furnishes information which he knows to be false shall be guilty of an offence triable summarily and liable on conviction to a fine not exceeding the statutory maximum.
Offences and penalties
18
1
Any person who fails to comply with any provision of the Regulations specified in paragraph (2) below shall be guilty of an offence.
2
The Regulations specified for the purposes of paragraph (1) above are 6, 10 and 11.
3
Any person guilty of an offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
4
If the proprietor of any centre, an owner or tenant of any laying, a gatherer or a handler fails to take all reasonable steps to secure the compliance of any person employed by him or any person admitted to the place where the business is undertaken with any of the provisions referred to in paragraph (2) above he shall be guilty of an offence against these Regulations.
Applications of provisions of the Act
19
1
The following provisions of the Act shall apply for the purposes of the Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and unless the context otherwise requires a reference in them to the Act shall be construed as a reference to these Regulations: section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 32 (powers of entry);
section 33 (obstruction etc of officers);
section 34 (time limit for prosecutions);
section 36 (offences by bodies corporate).
2
Section 6(3) of the Act (discharge of duties of food authorities by Ministers) shall apply as respects functions imposed on food authorities under these Regulations as it does as respects a duty imposed on a food authority by section 6(2) of the Act.
3
Section 37(1)(c) of the Act (appeals to magistrates' court or sheriff) shall apply in relation to a decision to refuse or grant subject to any condition or limitation an approval required by regulation 7 as it does to a decision to refuse, cancel, suspend or vary a licence required by Regulations under Part II of the Act.
Enforcement and execution
20
1
Subject to paragraph (2) these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council;
c
as respects each islands area or district in Scotland, by the islands or district council; and
d
as respects the Isles of Scilly by the Council of the Isles of Scilly.
2
Where any functions are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the food authority mentioned in paragraph (1).
Transitional provisions
21
A person shall not be prevented by regulation 11 from placing on the market any live bivalve mollusc or other shellfish —
a
by reason of any harvesting, transporting, relaying, handling, wrapping or storing of such mollusc or shellfish which took place before 15th January 1993;
b
where the mollusc or shellfish left a dispatch centre or purification centre before 15th January 1993, by reason of the failure of that batch of molluscs or shellfish to bear the healthmark,
and no person shall be rgarded as having comitted an offence in relation to such harvesting, transporting, relaying, handling, wrapping or storing or in relation to the failure of such batch of molluscs or shellfish to bear the healthmark,
2
Until 1st January 1994 a person who has applied for approval in accordance with regulation 7 may continue to operate the dispatch centre or purification centre the subject of the application until the application is finally determined by the food authority, provided it was operating at any time during the period of 12 months ending on 14th January 1993 and it is not prohibited from operating by reason of any other legal requirement.
Amendment of Regulations
22
1
The Derogations Regulations shall be amended by the omission of regulation 3.
2
The Public Health (Shell-Fish) Regulations 1934 are hereby revoked.
3
Article 10 of the Conway Mussel Fishery (Amendment) Order 1948 and paragraph 4 of the Schedule to the Conway Mussel Fishery (Variation) Order 1979 shall be omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
10th December 1992
David Hunt
Secretary of State for Wales
10th December 1992
Hector Monro
Parliamentary Under Secretary of State
Scottish Office
11th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1992 and shall come into force on 6th April 1992.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the date of “6th April 1991” there shall be substituted the date of “6th April 1992”; and
b
for the sums of “ £52” and “ £390” there shall be substituted respectively the sums of “ £54” and “ £405”.
3
In regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) —
a
in sub-paragraph (a), for the figure “0.6” in each place where it appears there shall be substituted the figure “0.4”; and
b
in sub-paragraph (b), for the figure “0.7” there shall be substituted the figure “0.4”.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
10th February 1992
We consent,
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
17th February 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1992 and shall come into force on 6th April 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of solicitors' fees
2
1
In the Table of Fees in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 , in Chapters I, II , III , IV and VI , for the fees specified in column 2 of the Schedule to this Act of Sederunt substitute the fees specified in column 3 of that Schedule; and such fees in column 3 shall be payable for work done on or after the date on which this Act of Sederunt comes into force.
2
The fees specified in the Table of Fees in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 which are specified in column 2 of the Schedule to this Act of Sederunt shall continue to have effect in respect of work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh
12th March 1992


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1992 and shall come into force on 1st September 1992.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations ;
“ British Islands ” means the United Kingdom, the Channel Islands and the Isle of Man;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and
“employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ European Community ” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
“European student” means a person who is a national of a member state of the European Community or the child of such a national and has been ordinarily resident within the relevant territory (excluding the British Islands) throughout the period of three years before the commencement of his course, but who is not entitled to a full award by virtue of regulation 7.
“fees only award” means an award bestowed only in respect of fees described in Schedule 1;
“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
“highest-cost country” means Denmark, Finland. . ., Norway, Sweden, Switzerland and Taiwan;
“higher-cost country” means Australia, Austria, Belgium, Iceland,. . . France, Japan, the Federal Republic of Germany. . .and the Republic of Korea;
“high-cost country” means Canada, Hong Kong, Indonesia, the Republic of Ireland, Italy, Luxembourg, the Netherlands,. . .countries of the former Soviet Union, Spain and the United States of America;
“independent student” has the meaning assigned to it by regulation 3;
“institution” means a university, institution of higher education or institution of further education in the United Kingdom;
“maintenance grant” has the meaning assigned to it by regulation 17;
“overseas institution” means an educational institution in a country outside the United Kingdom providing further or higher education or both;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them byparagraph 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 . . .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;
“relevant territory” means the territory comprising the European Community and, as respects any period prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;
“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 on1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first 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, the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be or any scheme run by the Training and Enterprise Councils; 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,. . .maternity allowance or severe disablement allowance under section 14(1)(b), 22(1) or 36(1) of the Social Security Act 1975 or invalidity pension under section 15(1)(b) of that Act or under section 15(2) or 16(2) of the Social Security Pensions Act 1975 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 or section 20 of the Social Security Act 1986 ;
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; and
c
“parent” shall have the same meaning as in Part II of Schedule 3 to these Regulations.
Reference 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 13 as ordinarily resident in England and Wales, in the British Islands or in the relevant territory, 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 relevant 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 1991 and the Education (Mandatory Awards) (Amendment) Regulations 1992 are hereby revoked.
2
Subject to paragraph (7) 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
Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 1992 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 1992 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 1991 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 1992 under these Regulations had the academic year of his course begun in the autumn of 1992.
4
In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1992 then notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or1st July (as the case may be) shall be the aggregate of —
a
three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1991 had they not been revoked, and
b
one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1992 under these Regulations had the academic year of the course begun in the autumn of 1992.
5
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.
6
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 before1st September 1987.
7
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 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 —
1
a full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 1992 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;
2
where paragraph (1) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after the 31st August 1992 if the person is a European student —
a
in respect of whose fees Essex County Council has made a payment otherwise than pursuant to previous Awards Regulations or section 1(6) of the Education Act 1962, and the institution at which he attends his course is within the area of the authority, or
b
who resided in the area of the authority on the last day of the month of October, February, April or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course, or if he was not resident in England or Wales on that date, if the institution at which he attends his course is in the area of the authority.
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, April or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
No area students
9
1
Subject to paragraph (2), a person —
a
who is entitled to the payment of an award by virtue of Article 7(2) or (3) orArticle 12 of Council Regulation ( EEC ) No.1612/68 on freedom of movement for workers within the Community , or
b
who is mentioned in paragraph (3)(a) or (3)(b)(i) of regulation 13, but
c
who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority, shall be treated for the purposes of that section as ordinarily resident in the area of the authority in which the institution providing his course is situated.
2
A person on whom an award was bestowed before 1st September 1991 shall be treated as belonging to the area of the authority by whom the award was bestowed so long as he attends the course in question.
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 institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by the University of Buckingham for a first degree of that university;
iii
an international course, that is to say a course provided by an institution in conjunction with an overseas institution for a first degree;
b
a Dip HE course, that is to say —
i
a course provided by an institution for the Diploma of Higher Education; or
ii
a course provided by an institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
iii
a course for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State;
c
a course provided by an institution for the Higher National Diploma or the Higher National Diploma of the Business & Technology 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 institution;
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 institution do not include references to an institution which is 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
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
Subject to paragraphs (4), (5), (8) and (9) an authority shall not be under a duty to bestow an award on any person where he has previously attended —
a
a course designated under regulation 10(1)(a); or
b
one or more courses of higher education the aggregate duration of which (ignoring any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kind mentioned in 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 (a part-time course being treated as its full-time equivalent).
3
Subject to paragraph (8) an authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by or under regulation 10(1)(b) or (c) if he has previously attended any other course designated by or under regulation 10(1).
4
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person —
a
in respect of his attendance at 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) 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 an institution 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), 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 an institution 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-paragraph (a)(i) and (ii).
6
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.
7
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for more than one term and seven weeks of a second term; and it is hereby declared that any reference to a person having attended a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
8
Where, before the coming into force of these Regulations, a student has commenced a course (“the new course”) designated by or under regulation 10(1)(a)(ii), (b) or (c) and has had bestowed upon him under previous Awards Regulations an award, having previously attended one or more courses of higher education the aggregate duration of which did not exceed two academic years then, notwithstanding any other provisions of these Regulations, payments shall be made in accordance with these Regulations in respect of his attendance on the new course.
9
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person who —
a
attends a course having previously attended a designated course in respect of which he received payments of the kind described in regulation 23(3) in pursuance ofsection 63 of the Health Services and Public Health Act 1968 in respect of the courses referred to therein; and
b
has not attended any other course of higher education: Provided that the requirements of regulation 14(1)(a) and (b), (2) and (3) are satisfied, the payments referred to in sub-paragraph (a) above being treated as an award bestowed in respect of a 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 a European student or of such a person as is mentioned in regulation 9(1)(a), has not been so resident in the relevant territory; or
b
upon a person whose residence in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(1)(a), in the relevant 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, 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 relevant territory 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.
4
In paragraph (3), “parent” includes a guardian or any other person having actual custody of a minor; and
“relevant day” means the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
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 institution;
b
subject to paragraph (2), with the written consent of the academic authoritiesof both institutions concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another institution;
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 institution.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that —
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
if the student does not complete the course within the period ordinarily required, the authority —
may extend the award until the student has completed the course, and
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate 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, 22, 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 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; and
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
2
This regulation and Schedules 2 and 3 shall have effect —
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof; and
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless 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 £905.
4
In the case of any other student, the appropriate sum shall be £1,235 except that, where he is attending a course —
a
at the University of London, or
b
at an institution within the area comprising the City of London and the Metropolitan Police District, it shall be £1,550 and where he is attending a course in a country outside the United Kingdom it shall be — £1,890 if that country is a highest-cost country; £1,670 if that country is a higher-cost country; £1,455 if that country is a high-cost country; and £1,235 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 II 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 course designated under the said sub-paragraph (d)(iii), unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(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 £325;
c
in any other year, a sum equal to the aggregate of —
i
the proportion of the maintenance grant which the student’s aggregate period of full-time study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17(b) should be £90.
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to —
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week.
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 I of Schedule 2,
ii
paragraphs 5 and 6 of Part II of that Schedule, and
iii
Parts III and IV of that Schedule, irrespective of whether any maintenance grant would be payable in his case by virtue of any other provision in these Regulations.
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), or by way of a loan under the Education (Student Loans) Act 1990 , or out of access funds held by the institution at which he attends his course; 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, or in pursuance of arrangements made by an authority for the training of teachers known as the “Articled Teachers' Scheme” in respect of the Postgraduate Certificate in Education, or in pursuance of any bursary bestowed on him under the Bursary Scheme for “Part 2” Architecture course students or in pursuance of the High Technology National Training Scheme.
Method of payment
24
1
Subject to paragraph (2), 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
The authority shall pay such fees as are described in paragraph (a) (excepting sub-paragraph (iii)) or (b) of Schedule 1 in termly instalments promptly (and in any event by the date specified in paragraph (4)) when both a valid request for payment in respect thereof has been received and the appropriate term has commenced provided that no payment shall be due when the student has ceased to attend his course (whether or not the authority has been so notified) but has not completed it. Payment of such instalments and of the fees described in paragraphs (a)(iii) and (c) of Schedule 1 may be made to the academic authority but subject thereto all payments shall be made to the student.
3
Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
4
In the case of a course with three terms in each academic year, the authority shall make payment pursuant to paragraph (2) on or before 10th December in the case of the first term, on or before 10th February in the case of the second term and on or before 30th April in the case of the third term or within one month of the receipt by the authority of a valid request for payment, whichever is the later.
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 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 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; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(7).
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20, 21 or 22.
2
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).