Regulation 2 Interpretation
England, Wales and Scotland
In these Regulations—
“the 2005 Act” means the Education Act 2005 M1;
F1“the 2026 Student Support Regulations” means the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026;
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“award” means a fees award or a maintenance award or both;
F2“course start date” means—
- (a)
for non-LLE courses, the day on which the first term of the first academic year of a course begins;
- (b)
for LLE courses, the date within the first course year on which a course begins;
- (a)
F3“course year” means—
- (a)
the period of 12 months beginning with the first day of the month in which the course begins, and
- (b)
each subsequent period of 12 months (if any) in which part of the course is undertaken;
- (a)
“education” includes post-graduate research otherwise than in the course of employment;
“employment” means full-time or part-time employment;
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;
“European Economic Area” means the area comprised by the EEA States;
“fees award” means an award in respect only of any fees payable other than any element of those fees which is a charge for maintenance;
F4...
“the Islands” means the Channel Islands and the Isle of Man;
F5“LLE” (which is short for “Lifelong Learning Entitlement”) refers to the availability of student support under the 2026 Student Support Regulations;
“LLE course” means a course designated under the 2026 Student Support Regulations, and in relation to a higher education course as defined in regulation 4(2) of those Regulations, “course” includes a module as defined in regulation 4(3) of those Regulations;
F6...
“maintenance award” means any award other than a fees award;
F7“non-LLE course” means a course that is not an LLE course;
F8“OfS” means the Office for Students;
“overseas territories” means Anguilla; F9... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; F10the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; F11Gibraltar; Mayotte; Greenland; Montserrat; F12... Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; F13St-Barthélemy; F14St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;
“post-compulsory education award” means a scholarship, exhibition, bursary or other allowance granted by a local education authority under the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 M2;
F15“relevant year” means—
- (a)
in relation to LLE courses, a course year;
- (b)
in relation to non-LLE courses, an academic year;
- (a)
F16“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; F17St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands;
“training provider” means a person who provides training for members of the school workforce under Part 3 of the 2005 Act;
“UKRI” means United Kingdom Research and Innovation;
Despite section 11 of the Interpretation Act 1978 M3 section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purposes of interpreting these Regulations.
For the purposes of these Regulations, “parent” F19means a parent, guardian or any other person having parental responsibility for a child and “child” is to be construed accordingly.
For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place F21(but see also regulation 4(2A) and (2B)) .
For the purposes of these Regulations, a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands F22, the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in F23the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in F24the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories F25, the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in F26the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories if he would have been so resident but for the fact that—
he;
his spouse or civil partner;
his parent; or
in the case of dependent direct relative in the ascending line, his child or child's spouse or civil partner,
is or was temporarily employed outside the area in question.
For the purposes of paragraph (4), temporary employment includes—
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising F28the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces; and
in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.
For the purposes of Regulations 6, 7, 8 and 9 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands F29, the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in F30the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in F31the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories F32, the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in F33the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—
he;
his spouse or civil partner;
his parent; or
in the case of a dependent direct relative in the ascending line, his child or his child's spouse or civil partner,
was temporarily receiving full-time education outside the area in question.
For the purposes of these Regulations an area F34other than the United Kingdom or Gibraltar which—
was previously not part of the European Community or the European Economic Area; but
at any time before or after these Regulations come into force has become part of one or the other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Words in reg. 2(1) inserted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 1(2) (with reg. 1(2))
- F2
Words in reg. 2(1) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 1(3) (with reg. 1(2))
- F3
Words in reg. 2(1) inserted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 1(4) (with reg. 1(2))
- F4
Words in reg. 2(1) omitted (1.8.2019) by virtue of The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 27(2)(a)
- F5
Words in reg. 2(1) inserted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 1(5) (with reg. 1(2))
- F6
Words in reg. 2(1) omitted (1.9.2010) by virtue of The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 19(2)
- F7
Words in reg. 2(1) inserted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 1(6) (with reg. 1(2))
- F8
Words in reg. 2(1) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 27(2)(b)
- F9
Word in reg. 2(1) omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 12(a)
- F10
Words in reg. 2(1) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 12(b)
- F11
Word in reg. 2(1) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(a)
- F12
Words in reg. 2(1) omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 12(c)
- F13
Words in reg. 2(1) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 8(a)
- F14
Words in reg. 2(1) substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 58(a)
- F15
Words in reg. 2(1) inserted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 1(7) (with reg. 1(2))
- F16
Words in reg. 2 inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(a)
- F17
Words in reg. 2(1) substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 58(b)
- F18
Reg. 2(3) substituted (9.2.2011) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 (S.I. 2011/87), regs. 1(2), 6 (with reg. 13(1))
- F19
Words in reg. 2(3) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 8(b)
- F20
Reg. 2(3A) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 8(c)
- F21
Words in reg. 2(3A) inserted (16.2.2023 with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 61
- F22
Words in reg. 2(4) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(b)(i)
- F23
Words in reg. 2(4) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(b)(i)
- F24
Words in reg. 2(4) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(b)(ii)
- F25
Words in reg. 2(4) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(b)(ii)
- F26
Words in reg. 2(4) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(b)(iii)
- F27
Reg. 2(5)(aa) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(c)
- F28
Words in reg. 2(5) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(c)
- F29
Words in reg. 2(6) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(d)(i)
- F30
Words in reg. 2(6) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(d)(i)
- F31
Words in reg. 2(6) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(d)(ii)
- F32
Words in reg. 2(6) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(d)(ii)
- F33
Words in reg. 2(6) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(d)(iii)
- F34
Words in reg. 2(7) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 15(e)
- F35
Reg. 2(8) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 27(e)
Marginal citations
- M1
- M2
S.I. 1999/229, amended by S.I. 2000/2057, and revoked in relation to Wales by S.I. 2002/1856.
- M3