Regulation 3 InterpretationI1
United Kingdom
In these Regulations—
“the 1970 Act” means the Taxes Management Act 1970f1 as amended from time to time;
F2...
“the 1998 Act” means the Teaching and Higher Education Act 1998f2 as amended from time to time;
“the 2003 Act” means the Income Tax (Earnings and Pensions) Act 2003f3 as amended from time to time;
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F3“the 2000 (Scotland) Regulations” means the Repayment of Student Loans (Scotland) Regulations 2000;
F4“the 2011 Support Regulations” means the Education (Student Support) Regulations 2011;
F5“the 2026 Support Regulations” means the Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026;
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“academic year” means the period from 1 September in any year to 31 August of the following year, regardless of whether this is, in fact, the period over which a borrower’s course runs;
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F6“the Authority” means—
- (a)
in relation to a plan 1, 2 or 3 loan and subject to regulation 7—
- (i)
the Welsh Ministers in the case of a loan made or deemed made by them, or
- (ii)
the Secretary of State in any other case;
- (i)
- (b)
in relation to a plan 4 loan—
- (i)
the Scottish Ministers, or
- (ii)
a person exercising functions in accordance with arrangements made under section 73A(3) of the Education (Scotland) Act 1980;
- (i)
- (c)
in relation to a plan 5 loan and subject to regulation 7, the Secretary of State;
- (a)
F7“borrower” means a person—
- (a)
in respect of whom a student loan has been paid, and
- (b)
who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;
- (a)
F8“country” includes territory;
“country-specific multiplier” means the country-specific multiplier calculated in accordance with regulation 8A;
F9“course”, where the course is a course for which a borrower has taken out a plan 5 LLE loan, includes a module;
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F10“eligible course” means any of the following—
- (a)
a course for the Certificate of Higher Education;
- (b)
a course for the Diploma of Higher Education;
- (c)
a course for the Higher National Certificate or Higher National Diploma of—
- (i)
the Business and Technician Education Council, or
- (ii)
the Scottish Qualifications Authority F11or Qualifications Scotland;
- (i)
- (d)
a foundation degree course;
- (e)
an ordinary degree course;
- (a)
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“HMRC” means F12His Majesty’s Revenue and Customs;
“loan purchaser” includes any person who has entered into transfer arrangements with the Authority or another loan purchaser or both and who presently owns F13a plan 1 loan;
F14“module” has the meaning given in regulation 4(3) of the 2026 Support Regulations;
“National Insurance number” means the National Insurance number allocated within the meaning of the Social Security (Contributions) Regulations 2001f4;
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“overseas borrowers” means borrowers making or due to make repayments in accordance with Part 5;
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F15“plan 1 loan” has the meaning given in regulation 3A;
“plan 2 loan” has the meaning given in regulation 3B;
“plan 3 loan” has the meaning given in regulation 3C;
“plan 4 loan” has the meaning given in regulation 3D;
“plan 5 loan” has the meaning given in regulation 3E;
F16“plan 5 LLE loan” (short for “plan 5 Lifelong Learning Entitlement loan”) has the meaning given in regulation 3E(3);
“plan 5 non-LLE loan” (short for “plan 5 non-Lifelong Learning Entitlement loan”) has the meaning given in regulation 3E(1);
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F17“principal” has the meaning given in regulation 4(3);
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F18“repayment” has the meaning given in regulation 4(2);
F19...
F20“repayment threshold” means the repayment threshold set out in, or calculated in accordance with, Schedule 1A;
F21“repayment threshold variable” means the repayment threshold variable calculated in accordance with regulation 8B;
“repayment threshold year” means the period from 6 April to 5 April of the following year;
F22“residence” has the same meaning as in the Taxes Acts (whether in relation to the United Kingdom or any other country);
“retail price index” means the RPI All Items Index published by the Office for National Statistics;
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“Secretary of State” includes any person exercising functions on behalf of a Secretary of State pursuant to section 23(4) of the 1998 Act;
F23“standard interest rate” means, in relation to a loan, the greater of—
- (a)
zero, or
- (b)
the percentage increase in the retail price index between the two Marches immediately before the commencement of the academic year in which the loan bears interest;
- (a)
F24“student loan” means any of the following—
- (a)
a plan 1 loan;
- (b)
a plan 2 loan;
- (c)
a plan 3 loan;
- (d)
a plan 4 loan;
- (e)
a plan 5 loan;
- (a)
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“the Taxes Acts” has the same meaning as it has in the 1970 Act;
“tax year” –
- (a)
for the purposes of Part 4 and any provision of Part 2 relating to Part 4 means the period from 6 April to 5 April of the following year;
- (b)
F25subject to sub-paragraph (c), for the purposes of Part 3 and any provision of Part 2 relating to Part 3 means any year of assessment for the purposes of the 1970 Act;
- (c)
F26for the purposes of regulations 36 and 40(1) and (2) means the period from 6 April to 5 April of the following year
- (a)
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F27“transfer arrangements” means—
- (a)
transfer arrangements made under section 1(1) or 9(1) of the Sale of Student Loans Act 2008, and
- (b)
further transfer arrangements made under section 3(1) of that Act (if any);
- (a)
F28“transferred loan” means a plan 1 loan in respect of which transfer arrangements are made;
“the tribunal” means the First-tier Tribunal or, where determined by or under the Tribunal Procedure (Upper Tribunal) Rules 2008f5, the Upper Tribunal; and
“Welsh Ministers” includes any person exercising functions on their behalf pursuant to section 23(4) of the 1998 Act.
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Annotations
Textual amendments
- F1
Reg. 3 renumbered as reg. 3(1) (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 3(a)
- F2
Words in reg. 3(1) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(q)
- F3
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(a)
- F4
Words in reg. 3(1) inserted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 3(b)
- F5
Words in reg. 3(1) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 3(2)
- F6
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(b)
- F7
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(c)
- F8
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(d)
- F9
Words in reg. 3(1) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 3(3)
- F10
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(e)
- F11
Words in reg. 3(1) inserted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350), art. 1(4), Sch. para. 8(2); S.S.I. 2026/2, sch. Pt. 1
- F12
Words in reg. 3(1) substituted (1.4.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(4), 33(1)
- F13
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(f)
- F14
Words in reg. 3(1) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 3(4)
- F15
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(g)
- F16
Words in reg. 3(1) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 3(5)
- F17
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(h)
- F18
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(i)
- F19
Words in reg. 3(1) deleted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 3(d)
- F20
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(j)
- F21
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(k)
- F22
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(l)
- F23
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(m)
- F24
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(n)
- F25
Words in reg. 3 inserted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 3(b)(i)
- F26
Words in reg. 3 inserted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 3(b)(ii)
- F27
Words in reg. 3(1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(o)
- F28
Words in reg. 3(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(1)(p)
- F29
Reg. 3(2) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 5(2)
Commencement
- I1
Reg. 3 in force at 6.4.2009, see reg. 1(1)
Footnotes
- f1
- f2
- f3
- f4
- f5