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The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018

S.I. 2018/434 · Made 27 March 2018

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.

Education, England

Made 3.00 p.m. on 27th March 2018

Laid before Parliament 5.00 p.m. on 27th March 2018

Coming into force 28th March 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998f1:

Annotations to the whole text

Footnotes

f1

1998 c. 30. Section 22 was amended by: section 146(2) of, and Schedule 11 to, the Learning and Skills Act 2000 (c. 21); paragraph 236 of Part 2 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); and S.I. 2013/1881. Section 22 is also amended by section 86(2) to (7) of the Higher Education and Research Act 2017 (c. 29) but those amendments are not yet in force. Section 43(1) defines “prescribed” and “regulations”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Revocation of the Education (Student Support) (Amendment) Regulations 2018
  3. 3Saving provision
  4. 4Amendment of the Education (Student Support) Regulations 2011
  5. 5Amendment of regulation 2
  6. 6Amendment of regulation 4
  7. 7Amendment of regulation 5
  8. 8Amendment of regulation 12
  9. 9Amendment of regulation 13
  10. 10Amendment of regulation 69
  11. 11Amendment of regulation 81
  12. 12Amendment of regulation 137
  13. 13Amendment of regulation 139
  14. 14Amendment of regulation 144
  15. 15Amendment of regulation 161
  16. 16Amendment of Schedule 2
  17. Signature
  18. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018.

(2)

These Regulations come into force on 28th March 2018.

(3)

In these Regulations—

(a)

“dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;

(b)

“postgraduate pre-registration course” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i)

the Health and Care Professions Councilf1, for allied health profession subjects other than dental profession subjects; or

(ii)

the Nursing and Midwifery Councilf2, for midwifery or nursing.

2Revocation of the Education (Student Support) (Amendment) Regulations 2018

Subject to regulation 3, the Education (Student Support) (Amendment) Regulations 2018f1 are revoked.

3Saving provision

Regulations 2, and 5 to 16, are of no effect in relation to a person who, before the date on which these Regulations come into force, has submitted an application under the Education (Student Support) Regulations 2011f1 to the Secretary of State for support in relation to a postgraduate pre-registration course or a dental profession course and that application has been received.

4Amendment of the Education (Student Support) Regulations 2011

Regulations 5 to 16 amend the Education (Student Support) Regulations 2011 as follows.

5Amendment of regulation 2

(1)

Regulation 2 (interpretation) is amended as follows.

(2)

In paragraph (1)—

(a)

in the definition of “allied health profession subject”f1, after “chiropody,”, omit “dental profession subject,”;

(b)

after the definition of “current system student”, omit the definition of “dental profession subject”;

(c)

after the definition of “person granted stateless leave”, omit the definition of “postgraduate pre-registration course”;

(d)

for the definition of “pre-registration course”f2, substitute—

  • ““pre-registration course” means an education and training programme leading to a qualification which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained respectively by the Health and Care Professions Council for allied health profession subjects and operating department practice, the Nursing and Midwifery Council for midwifery or nursing, or the Health and Care Professions Council and Nursing and Midwifery Council for nursing and social work;”.

6Amendment of regulation 4

In regulation 4f1 (eligible students), omit paragraphs (6A) to (6E) and (7A).

7Amendment of regulation 5

(1)

Regulation 5f1 (designated courses) is amended as follows.

(2)

In paragraph (1)—

(a)

in the opening words, omit “(2A),”;

(b)

in sub-paragraph (c), omit “, or, in the case of a postgraduate pre-registration course, of at least two academic years’ duration”.

(3)

After paragraph (2), omit paragraph (2A).

8Amendment of regulation 12

(1)

Regulation 12f1 (previous course) is amended as follows.

(2)

In paragraph (4A)—

(a)

in the opening words, after “is not”, omit “to be”;

(b)

for sub-paragraph (b), substitute—

“(b)

leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and”;

(c)

in sub-paragraph (c), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.

(3)

Omit paragraph (4B).

(4)

In paragraph (12), after “is only”, omit “to be”.

9Amendment of regulation 13

(1)

Regulation 13f1 (miscellaneous) is amended as follows.

(2)

In paragraph (2A)—

(a)

for sub-paragraph (b), substitute—

“(b)

leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree, or a diploma; and”;

(b)

in sub-paragraph (c), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.

(3)

Omit paragraph (2B).

10Amendment of regulation 69

(1)

Regulation 69f1 (qualifying conditions for the loan for living costs – current system students) is amended as follows.

(2)

In paragraph (2)—

(a)

in sub-paragraph (e)—

(i)

for paragraph (ii), substitute—

“(ii)

leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and”;

(ii)

in paragraph (iii), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”;

(b)

omit sub-paragraph (f).

11Amendment of regulation 81

In regulation 81f1 (long courses loan), omit paragraph (7).

12Amendment of regulation 137

In regulation 137f1 (eligible part-time students), omit paragraph (3A).

13Amendment of regulation 139

In regulation 139f1 (designated part-time courses), omit paragraph (5A).

14Amendment of regulation 144

(1)

Regulation 144f1 (fee support for designated part-time courses beginning on or after 1st September 2012) is amended as follows.

(2)

In paragraph (7B)—

(a)

in sub-paragraph (a), for paragraph (ii) substitute—

“(ii)

leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, an ordinary degree, honours degree or a diploma; and”;

(b)

in sub-paragraph (b), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.

15Amendment of regulation 161

In regulation 161f1 (designated postgraduate courses), omit paragraph (3A).

16Amendment of Schedule 2

In Schedule 2f1 (designated courses), omit paragraph 9.

Signature

Sam Gyimah

Minister of State

Department for Education

At 3.00 p.m. on 27th March 2018

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke the Education (Student Support) (Amendment) Regulations 2018 (S.I. 2018/136) and amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986), in order to return the latter regulations to the state they were in before the former regulations were made. In doing so, regulation 3 of these Regulations includes a saving provision for persons who have already made an application for support in respect of a dental profession subject or postgraduate pre-registration course, and whose applications have been received by the Secretary of State by the time these Regulations come into force. The Department will lay new regulations to replace the revoked the Education (Student Support) (Amendment) Regulations 2018.