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The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 in Scotland

S.I. 2021/1348 · Made 30 November 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in part to correct errors made by S.I. 2016/584, 2018/443, S.I. 2019/142, S.I. 2020/1203 and 2021/127 and is being issued free of charge to all known recipients of those Statutory Instruments.

Education, England

Made 30th November 2021

Laid before Parliament 2nd December 2021

Coming into force 23rd December 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983f1, sections 22 and 42(6) of the Teaching and Higher Education Act 1998f2 and sections 10(4)(b) and 119(5) of the Higher Education and Research Act 2017f3.

Annotations to the whole text

Footnotes

f1

1983 c. 40. Section 1 was amended by paragraph 91 of Schedule 12 to the Education Reform Act 1988 (c. 40); paragraph 19 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13); paragraph 8 of Schedule 9 to the Further and Higher Education (Scotland) Act 1992 (c. 37); paragraph 7 of Schedule 2 to the Education Act 1994 (c. 30); paragraph 57 of Schedule 37 to the Education Act 1996 (c. 56); paragraph 5 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30); paragraph 11 of Schedule 9 to the Learning and Skills Act 2000 (c. 21); paragraph 5 of Schedule 21, and Part 3 of Schedule 22, to the Education Act 2002 (c. 32); paragraph 9 of Schedule 14 to the Education Act 2005 (c. 18); paragraph 5 of Schedule 5, and paragraph 5 of Schedule 16, to the Education Act 2011 (c. 21); paragraph 33 of Schedule 14 to the Deregulation Act 2015 (c. 20); S.I. 2005/3238, S.I. 2010/1080 and S.I. 2010/1158. Section 2 was amended by paragraph 1 of Schedule 4 to the Teaching and Higher Education Act 1998.

f2

1998 c. 30. Section 22 was amended by section 146(2) of, and paragraph 1 of Schedule 11 to, the Learning and Skills Act 2000 (c. 21); paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1); section 147(3) of the Finance Act 2003 (c. 14); sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c. 8); section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22); section 76(1) and (2)(a) of the Education Act 2011 (c. 21); section 88(2) to (5) of the Higher Education and Research Act 2017 (c. 29); and S.I. 2013/1881. Section 22 is also amended by section 86(2) to (7) of the Higher Education and Research Act 2017 but those amendments are not yet in force. Section 42 was amended by paragraph 9 of Schedule 12 to the Education Act 2002 (c. 32); paragraph 9 of Schedule 6 to the Higher Education Act 2004; and paragraph 15 of Schedule 2 to the Education Act 2011. See section 43(1) for the definitions of “prescribed” and “regulations”.

f3

2017 c. 29. See section 10(9) for the definition of “prescribed”.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement, application and extent
  3. Part 2: Amendment of the Education (Student Support) Regulations 2011
  4. Chapter 1: Introductory
  5. 2Amendment of the Education (Student Support) Regulations 2011
  6. Chapter 2: Students eligible for benefits
  7. 3Qualifying conditions for the special support grant
  8. Chapter 3: 2008 cohort students
  9. 4Omission of references to 2008 cohort students
  10. Chapter 4: Dual degree eligibility
  11. 5Removal of eligibility for UK dual degree programmes
  12. Chapter 5: Students in apprenticeships
  13. 6Non-eligibility for students undertaking apprenticeships
  14. Chapter 6: Courses for initial training of teachers
  15. 7Revised definition of “course for the initial training of teachers” and entitlement to fee loans
  16. Chapter 7: Loan support following an error
  17. 8Support following an error in applying the rules on equivalent or lower qualifications and previous study
  18. Chapter 8: Eligibility of Afghan locally employed staff
  19. 9Eligibility of Afghan locally employed staff
  20. Chapter 9: Long residence
  21. 10Eligibility on the basis of long residence
  22. Chapter 10: Students from British overseas territories
  23. 11Eligibility of students from British overseas territories
  24. Chapter 11: Ending of grace period
  25. 12Omission of references to grace period
  26. Chapter 12: Designation of courses
  27. 13Designation of courses
  28. Chapter 13: Family members
  29. 14Family members
  30. Chapter 14: Spent provisions
  31. 15Omission of spent provisions
  32. Chapter 15: Amendment of definition of person granted Calais leave
  33. 16Persons granted Calais leave
  34. Chapter 16: Students treated as attending a course and payments of loans for living costs
  35. 17Students treated as attending a course and payment of loans for living costs
  36. Chapter 17: Update of amounts specified in Regulations
  37. 18Regulation 18
  38. Part 3: Corresponding amendments to other Regulations
  39. Chapter 1: Amendment of the Education (Fees and Awards) (England) Regulations 2007
  40. Introductory
  41. 19Amendment of the Education (Fees and Awards) (England) Regulations 2007
  42. Afghan locally employed staff
  43. 20Afghan locally employed staff: fees and awards
  44. Students from British overseas territories
  45. 21Persons resident in Gibraltar
  46. 22Students from British overseas territories: fees and awards
  47. Ending of grace period
  48. 23Omission of references to grace period: fees and awards
  49. Family members
  50. 24Family members
  51. Persons granted Calais leave
  52. 25Persons granted Calais leave
  53. Chapter 2: Amendment of the Education (Student Support) (European University Institute) Regulations 2010
  54. Introductory
  55. 26Amendment of the Education (Student Support) (European University Institute) Regulations 2010
  56. Eligibility of Afghan locally employed staff
  57. 27Eligibility of Afghan locally employed staff: European University Institute
  58. Ending of grace period
  59. 28Omission of references to grace period: European University Institute
  60. Students from British overseas territories
  61. 29Eligibility of students from British overseas territories
  62. Family members
  63. 30Family members
  64. Eligibility
  65. 31Eligibility
  66. Amendment of definition of person granted Calais leave
  67. 32Persons granted Calais leave
  68. Chapter 3: Amendment of the Further Education Loans Regulations 2012
  69. Introductory
  70. 33Amendment of the Further Education Loans Regulations 2012
  71. Eligibility of Afghan locally employed staff
  72. 34Eligibility of Afghan locally employed staff: further education loans
  73. Ending of grace period
  74. 35Omission of references to grace period: further education loans
  75. Students from British overseas territories
  76. 36Eligibility of students from British overseas territories
  77. Family members
  78. 37Family members
  79. Amendment of definition of person granted Calais leave
  80. 38Persons granted Calais leave
  81. Long residence
  82. 39Long residence
  83. Chapter 4: Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
  84. Introductory
  85. 40Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
  86. Students in apprenticeship funding
  87. 41Removal of eligibility for students in apprenticeships: Master’s degrees
  88. Eligibility of Afghan locally employed staff
  89. 42Eligibility of Afghan locally employed staff: Master’s degrees
  90. Long residence
  91. 43Eligibility on the basis of long residence: Master’s degrees
  92. Ending of grace period
  93. 44Omission of references to grace period: Master’s degrees
  94. Students from British overseas territories
  95. 45Eligibility of students from British overseas territories
  96. Family members
  97. 46Family members
  98. Amendment of definitions
  99. 47Definitions
  100. Amounts of loan
  101. 48Update of amount of loan
  102. Chapter 5: Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017
  103. Introductory
  104. 49Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017
  105. Courses for initial training of teachers
  106. 50Courses for initial training of teachers: qualifying persons
  107. Afghan locally employed staff
  108. 51Afghan locally employed staff: qualifying persons
  109. Students from British overseas territories
  110. 52Persons resident in Gibraltar
  111. 53Students from British overseas territories: qualifying persons
  112. Family members
  113. 54Family members
  114. Amendment to definition of person granted Calais leave
  115. 55Persons granted Calais leave
  116. Chapter 6: Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018
  117. Introductory
  118. 56Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018
  119. Students in apprenticeship funding
  120. 57Removal of eligibility for students in apprenticeships: Doctoral degrees
  121. Eligibility of Afghan locally employed staff
  122. 58Eligibility of Afghan locally employed staff: Doctoral degrees
  123. Long residence
  124. 59Eligibility on the basis of long residence: Doctoral degrees
  125. Ending of grace period
  126. 60Omission of references to grace period: Doctoral degrees
  127. Students from British overseas territories
  128. 61Eligibility of students from British overseas territories
  129. Family members
  130. 62Family members
  131. Amendment of definitions
  132. 63Definitions
  133. Amounts of loan
  134. 64Amount of the postgraduate doctoral degree loan
  135. 65Payment of postgraduate doctoral degree loans
  136. Signature
  137. Schedule Amendments relating to new payment rates for student support
  138. Explanatory note