Regulation 5 Awards by local education authoritiesI1

England and Wales

(1)

F1Subject to paragraph (4), it shall be lawful for a local education authority to adopt rules of eligibility for awards under sections 1(6) or 2 of the Education Act 1962^f1 or for post-compulsory education awards which—

(a)

do not take account of regulation 2(4);

F2(b)

confine eligibility in the case of fees awards to those persons who fall within any of—

(i)

paragraphs 2, 2A, 3, 4, 4A, 4B, F34C, F44D, 5, 6A, 7A, 8A, 9A, 9B, F59BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or

(ii)

paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (2) applies;

(c)

confine eligibility in the case of maintenance awards to those persons who fall within any of—

(i)

paragraphs 2, 3, 4, 4A, 4B, F64C, F74D, 5, 6A, 7A, 8A, 9B, F89BA, 10A, 11A or 12A of the Schedule, or

(ii)

paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule where paragraph (3) applies.

F9(2)

This paragraph applies—

(a)

where, in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and

(b)

where A’s eligibility for an award is being assessed in relation to that course.

(3)

This paragraph applies—

(a)

where in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and

(b)

where A’s eligibility for an award is being assessed in relation to that course.

(4)

In relation to a course beginning on or after 1 January 2028 paragraph (1) has effect as if F10paragraphs 8A, F119B, 9BA and 9E are omitted from paragraphs (1)(b)(i) and 1(c)(i).

Annotations

Textual amendments

F1: Words in reg. 5(1) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 6(a) (with reg. 2)
F2: Reg. 5(1)(b)(c) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 6(b) (with reg. 2)
F3: Word in reg. 5(1)(b)(i) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 6(a)
F4: Word in reg. 5(1)(b)(i) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 4(2) (with reg. 2)
F5: Word in reg. 5(1)(b)(i) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 5(a)
F6: Word in reg. 5(1)(c)(i) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 6(b)
F7: Word in reg. 5(1)(c)(i) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 4(2) (with reg. 2)
F8: Word in reg. 5(1)(c)(i) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 5(a)
F9: Reg. 5(2)-(4) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 6(c) (with reg. 2)
F10: Words in reg. 5(4) substituted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 5(b)
F11: Words in reg. 5(4) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 4 (with reg. 2)

Commencement

I1: Reg. 5 in force at 31.8.2007, see reg. 1(2)

Footnotes

f1: 1962 c .12. The Education Act 1962 was repealed by the Teaching and Higher Education Act 1998, subject to transitional and saving provisions to enable payments to be made pursuant to awards made under the Act before its repeal and to enable awards to be made in respect of courses beginning before 1 September 1999 and certain courses beginning after that date.