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Regulation 3 Citation, commencement, application and interpretationI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In these Regulations—

  • “1998 Act” means the Teaching and Higher Education Act 1998;

  • “2000 Regulations” means the Education (Student Support) (European Institutions) Regulations 2000f1;

  • “academic authority” means in, relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

  • “College” means the College of Europe;

  • “current academic year” means the academic year beginning on or after 1st September 2005 but on or before 31st August 2006;

  • “current course” means the designated course in respect of a person is applying for support;

  • “current Directive student” means a Directive student who began the current course before 1st September 2006;

  • “current student” means a student who—

    1. (a)

      began the current course before 1st September 2006;

    2. (b)

      had been determined to be eligible for support in connection with his attendance on that course before 30th April 2006 pursuant to regulations made by the Secretary of State under the 1998 Act; and

    3. (c)

      was ordinarily resident in England immediately before the moving date;

  • “Directive student” means a person who—

    1. (a)

      falls within paragraph 6 of Part 2 of Schedule 1 by virtue of being—

      1. (i)

        an EEA self-employed person;

      2. (ii)

        a Swiss self-employed person;

      3. (iii)

        a family member of an EEA self-employed person or a Swiss self-employed person;

      4. (iv)

        a dependent direct relative of in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker;

    2. (b)

      falls within paragraph 3 of Part 2 of Schedule 1;

    3. (c)

      falls within paragraph 9 of Part 2 of Schedule 1 by virtue of being a family member of an EC national;

    4. (d)

      falls within paragraph 8 of Part 2 of Schedule 1;

  • “eligible student” has the meaning given by regulation 11;

  • “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

  • “European institution” means—

    1. (a)

      the Bologna Center;

    2. (b)

      the College of Europe;

    3. (c)

      the Institute;

  • “grants for living and other costs” means the grants payable under regulations 23 or 25;

  • “Institute” means the European University Institute;

  • “moving date” means the date on which the applicant moves to Belgium, Italy or Poland, as the case may be, for the purpose of—

    1. (a)

      in any case where he is required by the relevant European institution to attend an intensive course of language tuition immediately before the designated course, attending that course of language tuition; or

    2. (b)

      in any other case, attending the designated course;

  • “new academic year” means an academic year beginning on or after 1st September 2006;

  • “new student” except in Schedule 2 means a student who—

    1. (a)

      begins the current course on or after 1st September 2006 but on or before 31st August 2007;

    2. (b)

      has been determined to be eligible for support in connection with his attendance on that course pursuant to the 2000 Regulations before 30th April 2006; and

    3. (c)

      is ordinarily resident in England;

  • “next academic year” means the academic year beginning on or after 1st September 2006 but on or before 31st August 2007;

  • “refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951f2 as extended by the Protocol thereto which entered into force on 4th October 1967f3;

  • “statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962f4, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

  • “student loans legislation” means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder;

  • “supplementary grants” means the grants payable under Chapter 4 of Part 4.

Annotations

Commencement

I1

Reg. 3 in force at 30.4.2006, see reg. 1

Footnotes

f1

S.I. 2000/2197, amended by S.I. 2001/563 and S.I. 2001/2892.

f2

Cmnd. 9171.

f3

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

f4

1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provision sets out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.