The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023
S.I. 2023/74 · Made 24 January 2023 · Extends to England and Wales
This Statutory Instrument, in part, corrects errors in the Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), the Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), the Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), the Education (Student Fees, Awards, and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), the Higher Education Short Course Loans Regulations (S.I. 2022/349) and the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534) and is being issued free of charge to all known recipients of those Statutory Instruments.
Education, England
Made 24th January 2023
Laid before Parliament 26th January 2023
Coming into force 16th February 2023
The Secretary of State makes the following Regulations in exercise of the powers in 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
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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 57 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 9 of Schedule 11 to the Learning and Skills Act 2000 (c. 21) (“the 2000 Act”), paragraph 5 of Schedule 21 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) (“the 2011 Act”), paragraph 33 of Schedule 14 to the Deregulation Act 2015 (c. 20) and S.I. 2005/3238 (W. 243), 2010/1158 and 2010/1080. Section 2 was amended by Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30). The functions of the Secretary of State under section 1, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 2006/1458 with effect from 8th June 2006. The Secretary of State’s functions under the other provisions of the Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by S.I. 1999/672 with effect from 1st July 1999.
- f2
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1998 c. 30. Section 22 was amended by section 146(2)(a) of, and Schedule 11 to, the 2000 Act, paragraph 236 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147 of the Finance Act 2003 (c. 14), sections 42 and 43 of, and Schedule 7 to, the Higher Education Act 2004 (c. 8) (“the 2004 Act”), section 257 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 76 of the 2011 Act and section 88 of the Higher Education and Research Act 2017 (c. 29) and by S.I. 2013/1881. There are amendments to section 42 but none is relevant to these Regulations. See section 43(1) for the definitions of “prescribed” and “regulations”. The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 in relation to Wales were transferred to the National Assembly for Wales (except so far as they authorised the making of any provision authorised by subsection (2)(a), (c), (j), (k), (3)(e) or (f) or (5) of that section) by section 44(1) of the 2004 Act.
- f3
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2017 c. 29. See the definition of “prescribed” in section 10(9).
Contents
- Part 1: Introductory
- 1Citation and commencement
- 2Extent and application
- 3Interpretation: general
- Part 2: Amendment of the Education (Student Support) Regulations 2011
- Chapter 1: Introductory
- 4Amendment of the Education (Student Support) Regulations 2011
- Chapter 2: Definitions
- 5Insertion of definition of “the course start date”
- 6Insertion of definition of “the course start date”
- 7Insertion of definition of “immigration rules”
- 8Insertion of definition of “immigration rules”
- 9Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 10Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Chapter 3: Eligible students, eligible part-time students and eligible postgraduate students
- 11Amendments relating to the ordinary residence requirements for students in existing protected categories
- 12Amendments relating to students becoming eligible for student support in the course of an academic year
- 13Amendments relating to students becoming eligible for student support in the course of an academic year
- 14Amendments relating to students becoming eligible for student support in the course of an academic year
- 15Amendments relating to students becoming eligible for student support in the course of an academic year
- 16Amendments relating to students becoming eligible for student support in the course of an academic year
- 17Amendments relating to students becoming eligible for student support in the course of an academic year
- 18Amendments relating to students becoming eligible for student support in the course of an academic year
- 19Amendments relating to students becoming eligible for student support in the course of an academic year
- 20Amendments relating to students becoming eligible for student support in the course of an academic year
- 21Amendments relating to students becoming eligible for student support in the course of an academic year
- 22Amendments relating to students becoming eligible for student support in the course of an academic year
- 23Amendments relating to students becoming eligible for student support in the course of an academic year
- 24Amendments relating to students becoming eligible for student support in the course of an academic year
- 25Amendments relating to students becoming eligible for student support in the course of an academic year
- 26Amendments relating to students becoming eligible for student support in the course of an academic year
- 27Amendments relating to students becoming eligible for student support in the course of an academic year
- 28Amendments relating to students becoming eligible for student support in the course of an academic year
- 29Amendments relating to students becoming eligible for student support in the course of an academic year
- 30Amendments relating to students becoming eligible for student support in the course of an academic year
- 31Amendments relating to students becoming eligible for student support in the course of an academic year
- 32Amendments relating to students becoming eligible for student support in the course of an academic year
- 33Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 34Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 35Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 36Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 37Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Chapter 4: Designated courses and designated part-time courses
- 38Designation of courses for higher technical qualifications
- 39Designation of courses for higher technical qualifications
- 40Designation of courses for higher technical qualifications
- 41Designation of courses for higher technical qualifications
- 42Amendments relating to courses for initial further education teacher training
- 43Amendments relating to courses for initial further education teacher training
- 44Amendments relating to courses for initial further education teacher training
- 45Amendments relating to courses for initial further education teacher training
- 46Amendments relating to courses for initial further education teacher training
- 47Amendments relating to courses for initial further education teacher training
- Chapter 5: Other minor amendments
- 48Omission of references to “qualifying courses” and “qualifying students”
- 49Omission of references to “qualifying courses” and “qualifying students”
- 50Omission of references to “qualifying courses” and “qualifying students”
- 51Omission of references to “qualifying courses” and “qualifying students”
- 52Omission of references to “qualifying courses” and “qualifying students”
- Chapter 6: New payment rates
- 53Amendments relating to new payment rates for student support
- Part 3: Corresponding amendments to other subordinate legislation
- Chapter 1: The Education (Fees and Awards) (England) Regulations 2007
- Introductory
- 54Amendment of the Education (Fees and Awards) (England) Regulations 2007
- Definitions
- 55Insertion of definition of “the course start date”
- 56Insertion of definition of “the course start date”
- 57Insertion of definition of “immigration rules”
- 58Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 59Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Qualifying persons
- 60Amendments relating to the ordinary residence requirements for persons in existing protected categories
- 61Amendments relating to students who fall within in a paragraph of Schedule 1 after the start of a course
- 62Amendments relating to students who fall within in a paragraph of Schedule 1 after the start of a course
- 63Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 64Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Chapter 2: The Education (Student Support) (European University Institute) Regulations 2010
- Introductory
- 65Amendment of the Education (Student Support) (European University Institute) Regulations 2010
- Definitions
- 66Insertion of definition of “immigration rules”
- 67Insertion of definition of “immigration rules”
- 68Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 69Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Eligible students
- 70Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 71Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Chapter 3: The Further Education Loans Regulations 2012
- Introductory
- 72Amendment of the Further Education Loans Regulations 2012
- Definitions
- 73Insertion of definition of “immigration rules”
- 74Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 75Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Eligible students
- 76Amendments relating to students becoming eligible for loans after their course has started
- 77Amendments relating to students becoming eligible for loans after their course has started
- 78Amendments relating to students becoming eligible for loans after their course has started
- 79Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 80Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 81Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 82Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Chapter 4: The Education (Postgraduate Master’s Degree Loans) Regulations 2016
- Introductory
- 83Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016
- Definitions
- 84Insertion of definition of “the course start date”
- 85Insertion of definition of “the course start date”
- 86Insertion of definition of “immigration rules”
- 87Insertion of definition of “immigration rules”
- 88Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 89Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Eligible students
- 90Amendments relating to the ordinary residence requirements relating to students in existing protected categories
- 91Amendments relating to students who become eligible for a loan during their course
- 92Amendments relating to students who become eligible for a loan during their course
- 93Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 94Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 95Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Payment rates
- 96Amendments relating to payment rates
- Chapter 5: The Higher Education (Fee Limit Condition) (England) Regulations 2017
- Introductory
- 97Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017
- Definitions
- 98Insertion of definition of “the course start date”
- 99Insertion of definition of “the course start date”
- 100Insertion of definition of “immigration rules”
- 101Insertion of definition of “immigration rules”
- 102Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 103Amendments to definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Qualifying persons
- 104Amendments relating to the ordinary residence requirements for existing protected categories
- 105Amendments relating to events occurring after the start of an academic year
- 106Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 107Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 108Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Courses
- 109Exceptions: training courses for further education teachers
- Chapter 6: The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
- Introductory
- 110Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
- Definitions
- 111Insertion of definition of “the course start date”
- 112Insertion of definition of “the course start date”
- 113Insertion of definition of “immigration rules”
- 114Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 115Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Eligible students
- 116Amendments relating to the ordinary residence requirements for existing protected categories
- 117Amendments relating to students becoming eligible in the course of an academic year
- 118Amendments relating to students becoming eligible in the course of an academic year
- 119Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 120Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 121Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Payment rates
- 122Amendments relating to payment rates
- 123Amendments relating to payment rates
- Chapter 7: The Higher Education Short Course (Loans) Regulations 2022
- Introductory
- 124Amendment of the Higher Education Short Course (Loans) Regulations 2022
- Definitions
- 125Amendments to the definitions of “overseas territories” and “specified British overseas territories”
- 126Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”
- Eligible students
- 127Amendments relating to students who become eligible after the start of an HE short course
- 128Amendments relating to students who become eligible after the start of an HE short course
- 129Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 130Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 131Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- 132Amendment relating to the family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes
- Part 4: Other amendments
- 133Amendment of regulation 9 of the Education (Student Support) (European University Institute) Regulations 2010
- 134Amendments relating to termination of status as eligible student: Education (Postgraduate Master’s Degree Loans) Regulations 2016
- 135Amendments relating to termination of status as eligible student: Education (Postgraduate Master’s Degree Loans) Regulations 2016
- 136Amendments relating to termination of status as eligible student: Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
- 137Amendment of regulation 2 of the Higher Education Short Course Loans Regulations 2022
- Part 5: Savings
- 138Interpretation of Part 5
- 139Savings: Education (Student Support) Regulations 2011
- 140Savings: Education (Student Support) (European University Institute) Regulations 2010
- 141Savings: Higher Education Short Course Loans Regulations 2022
- Signature
- Schedule Amendments relating to new payment rates for student support under the Education (Student Support) Regulations 2011
- Explanatory note