Regulation 2 Citation, commencement and extent

The Education (Fees and Awards) Regulations 1997^f1 shall be amended as follows.

In regulation 2(1), in the definition of “relevant date”, for “regulations 4, 5, 6, 6A and 7” there shall be substituted “regulations 4, 5, 6, 6A, 6B and 7”.

In regulation 2(4) at the end there shall be added—

• “Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.”

In regulation 2(5) for “regulations 6, 6A and 7” there shall be substituted “regulations 6, 6A, 6B and 7”.

After regulation 6A, there shall be inserted the following regulation—

“Payments by the Higher Education Funding Council for England

6B

(1)

It shall be lawful for the Higher Education Funding Council for England established under section 62(1) of the Further and Higher Education Act 1992^f2 to adopt rules of eligibility for awards (however described) in respect of a student’s training (otherwise than by way of a course leading to a first degree) to teach persons over compulsory school age^f3 by an institution to which it makes grants, loans or other payments for that purpose under section 65 of that Act which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.

(2)

It shall be lawful for an institution to which grants, loans or other payments are made by the Higher Education Funding Council for England for the purpose described in paragraph (1) to adopt rules of eligibility for awards (however described) which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.

(3)

For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.”