Regulation 12 Regulation 41

In regulation 41 (interpretation of Part II)^f1—

(a)

immediately before the definition of “access funds”^f2 insert—

““academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;”;

(b)

in the definition of “access funds”—

(i)

in paragraph (a), for “and described as “access bursary funds” or “hardship funds”” substitute “for the purposes of providing funds on a discretionary basis to be paid to students”;

(ii)

after paragraph (c) add—

“or

(d)

discretionary payments, known as “learner support funds”, which are made payable to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000^f3 or discretionary payments made from funds known as “Financial Contingency Funds” paid to students by the National Council for Education and Training for Wales under sections 34, 35 and 37 of the Learning and Skills Act 2000”.

(c)

in the definition of “contribution”^f4—

(i)

after “Secretary of State” in the first place where those words appear, insert “, the Scottish Ministers”;

(ii)

for “Secretary of State” in the other two places where those words appear, substitute “the Scottish Ministers”;

(d)

omit the definition of “the FEFC”;

(e)

in the definition of “full-time course of study”—

(i)

in paragraph (a), from “the FEFC” to the end substitute “the Learning and Skills Council for England^f5 or by the National Council for Education and Training for Wales^f6 or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers”;

(ii)

for paragraph (b) substitute—

“(b)

is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out —”;

(i)

in the case of a course funded by the Learning and Skills Council for England, in his or her learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or

(ii)

in the case of a course funded by the National Council for Education and Training for Wales in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or”

(iii)

in paragraph (c) for “Secretary of State for Scotland”, substitute “Scottish Ministers”;

(f)

at the end of the definition of “student loan^f7” add “and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999^f8”;

(g)

omit the definition of “year”^f9.

Annotations

Footnotes

f1: Regulation 41 was amended by S.I. 1999/1523, 2000/973 (W.43) and 2001/2073 (W.145).
f2: The definition of “access funds” was inserted by S.I. 2001/2073 (W.145).
f3: 2000 c. 21.
f4: The definition of “contribution” was amended by S.I. 1999/1523 and 2000/973 (W.43).
f5: The Council was established by section 1 of the Learning and Skills Act 2000.
f6: The Council was established by section 30 of the Learning and Skills Act 2000.
f7: The definition of “student loan” was inserted by S.I. 2000/973 (W. 43).
f8: S.I. 1999/1131 (S.91).
f9: The definition of “year” was substituted by S.I. 2000/973 (W.43).