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Regulation 3 Title, commencement, application and interpretationF1I1

England and Wales

(1)

In these Regulations—

  • “1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

  • “2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) (European Institutions) Regulations 2000f1;

  • “academic authority” (“awdurdod academaidd”) 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;

  • “College” (“Coleg”) means the College of Europe;

  • “current academic year” (“blwyddyn academaidd gyfredol”) means the academic year beginning on or after 1 September 2005 but on or before 31 August 2006;

  • “current course” (“cwrs cyfredol”) means the designated course in respect of which a person is applying for support;

  • “current Directive student” (“myfyriwr Cyfarwyddeb cyfredol”) means a Directive student who began the current course before 1 September 2006;

  • “current student” (“myfyriwr cyfredol”) means a student who—

    1. (a)

      began the current course before 1 September 2006;

    2. (b)

      had been determined to be eligible for support in connection with his or her attendance on that course before 7 July 2006 pursuant to regulations under the 1998 Act; and

    3. (c)

      was ordinarily resident in Wales immediately before the moving date;

  • “Directive student” (“myfyriwr Cyfarwyddeb”) means a person who—

    1. (a)

      falls within paragraph 6 of Part 2 of Schedule 1 by virtue of being—

      1. (i)

        an EEA self-employed person;

      2. (ii)

        a Swiss self-employed person;

      3. (iii)

        a family member of an EEA self-employed person or a Swiss self-employed person;

      4. (iv)

        a dependent direct relative in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker;

    2. (b)

      falls within paragraph 3 of Part 2 of Schedule 1;

    3. (c)

      falls within paragraph 9 of Part 2 of Schedule 1 by virtue of being a family member of an EC national;

    4. (d)

      falls within paragraph 8 of Part 2 of Schedule 1;

  • “eligible student” (“myfyriwr cymwys”) has the meaning given by regulation 11;

  • “European Community” (“y Gymuned Ewropeaidd”) means the territory comprised by the Member States of the European Community as constituted from time to time;

  • “European institution” (“sefydliad Ewropeaidd”) means—

    1. (a)

      the Bologna Center;

    2. (b)

      the College of Europe;

    3. (c)

      the Institute;

  • “grants for living and other costs” (“grantiau at gostau byw a chostau eraill” ) means the grants payable under regulations 23 or 25;

  • “Institute” (“Sefydliad”) means the European University Institute;

  • “moving date” (“dyddiad symud”) means the date on which the applicant moves to Belgium, Italy or Poland, as the case may be, for the purpose of—

    1. (a)

      in any case where he or she is required by the relevant European institution to attend an intensive course of language tuition immediately before the designated course, attending that course of language tuition; or

    2. (b)

      in any other case, attending the designated course;

  • “new academic year” (“blwyddyn academaidd newydd”) means an academic year beginning on or after 1 September 2006;

  • “new student” (“myfyriwr newydd”) except in Schedule 2 means a student who—

    1. (a)

      begins the current course on or after 1 September 2006 but on or before 31 August 2007;

    2. (b)

      has been determined to be eligible for support in connection with his or her attendance on that course pursuant to the 2000 Regulations before 7 July 2006; and

    3. (c)

      is ordinarily resident in Wales;

  • “next academic year” (“blwyddyn academaidd nesaf”) means the academic year beginning on or after 1 September 2006 but on or before 31 August 2007;

  • “refugee” (“ffoadur”) 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 28 July 1951f2 as extended by the Protocol which entered into force on 4 October 1967f3;

  • “statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962f4, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

  • “student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr” ) means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder;

  • “supplementary grants” (“grantiau atodol”) means the grants payable under Chapter 4 of Part 4.

  • “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

(2)

Where these Regulations refer to a determination made (or not made) or other thing done (or not done) by the National Assembly, then, in relation to any time before the transfer to the National Assembly of the function of making the determination or the doing of the thing when the function in question was a function of the Secretary of State under the 2000 Regulations, the reference to the National Assembly is to be read as a reference to the Secretary of Statef5.

Annotations

Textual amendments

F1

Regulations revoked (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 5 (with regs. 6, 7)

Commencement

I1

Reg. 3 in force at 7.7.2006, see reg. 1

Footnotes

f1

S.I. 2000/2197, amended by S.I. 2001/563 and S.I. 2001/2892.

f2

Cmnd. 9171.

f3

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

f4

1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provision sets out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

f5

In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22: see the Higher Education Act 2004 (Commencement No.2 and Transitional Provision) Order 2004, S.I. 2004/1833 (W.149).