Explanatory note

These Regulations make amendments to two instruments, the Repayment of Student Loans (Scotland) Regulations 2000 (the repayment Regulations) and the Students' Allowances (Scotland) Regulations 1999 (the allowances Regulations). These changes are required as a result of the provision of new student loans for tuition fees charged by institutions in the UK, but outside Scotland, under the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006. These loans (“RUK tuition fee loans”) are provided to pay for tuition fees charged by institutions in the rest of the UK.

The repayment Regulations govern the repayment of all student loans made under section 73 of the Education (Scotland) Act, which includes RUK tuition fee loans. The amendments detailed in regulation 2(a) ensure that repayments by students who have received an RUK tuition fee loan will be applied firstly to outstanding interest due under the 2006 Regulations. The amendment in regulation 2(b) ensures that RUK tuition fee loans do not become payable until the year after the year in which the student’s eligibility for that loan terminates.

The amendment of the allowances Regulations in regulation 3 ensures that students are not able to claim tuition fee support twice, both under the 2006 Regulations and additionally under the allowances regulations.