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The Repayment of Student Loans (Scotland) Amendment Regulations 2009

S.S.I. 2009/102 · Made 10 March 2009

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

Made 10th March 2009

Laid before the Scottish Parliament 11th March 2009

Coming into force 7th April 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1980 c. 44 (“the 1980 Act”). Section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30) (“the 1998 Act”), section 29(1) and by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6) (“the 2001 Act”), section 3(2). Section 73B was inserted by section 29(2) of the 1998 Act and was amended by the 2001 Act, section 3(3); by the Income Tax (Earnings and Pensions) Act 2000 (c. 1), Schedule 6, paragraph 149; and by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 34. Section 74(1) was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State contained in sections 73(f), 73B and 74(1) were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  3. 3Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  4. 4Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  5. 5Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  6. 6Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  7. 7Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  8. 8Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  9. 9Amendment of the Repayment of Student Loans (Scotland) Regulations 2000
  10. Signature
  11. Explanatory note

1Citation and commencement

These Regulations may be cited as the Repayment of Student Loans (Scotland) Amendment Regulations 2009 and come into force on 7th April 2009.

2Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

The Repayment of Student Loans (Scotland) Regulations 2000f1 are amended in accordance with regulations 3 to 9.

3Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 2(1) (interpretation)–

(a)

omit the definition of “the Board”;

(b)

in the definition of “Collection Regulations” for “Education (Student Loans) (Repayment) Regulations 2000” substitute “Education (Student Loans) (Repayment) Regulations 2009f1”;

(c)

after the definition of “disability related benefit” insert–

  • ““HMRC” means Her Majesty’s Revenue and Customs;”; and

(d)

in the definition of “student loan” for “Part III or IV” substitute “Part 3 or 4”.

4Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 5 (period and manner of repayment)–

(a)

in paragraph (a)–

(i)

for “the Board” substitute “HMRC”; and

(ii)

for “Parts III and IV” substitute “Parts 3 and 4”; and

(b)

in paragraph (b)–

(i)

for “regulation 11(8)” substitute “regulation 15(8)”; and

(ii)

for “regulation 11(5)(a) or (b)” substitute “regulation 15(3)(a) or (b)”.

5Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 6(a) (application of payments received) after “2006,” insert “regulation 14 of the Graduate Endowment (Scotland) Regulations 2007f1, regulation 11 of the Graduate Endowment (Scotland) Regulations 2008f2,”.

6Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 7(2)(b) (time for repayments)–

(a)

after “2001” insert “, the Graduate Endowment (Scotland) Regulations 2007 or the Graduate Endowment (Scotland) Regulations 2008”; and

(b)

for “those Regulations” substitute “the Graduate Endowment (Scotland) Regulations 2001, regulation 13 of the Graduate Endowment (Scotland) Regulations 2007 or regulation 9 of the Graduate Endowment (Scotland) Regulations 2008 (whichever is appropriate)”.

7Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 8(1) and (6) (cancellation) for “Part III” on each occasion it occurs substitute “Part 3”.

8Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 9 (refunds)–

(a)

in paragraphs (1), (4) and (5)(c) for “Part IV” on each occasion it occurs substitute “Part 4”;

(b)

in paragraphs (2), (3) and (5)(b) for “the Board” on each occasion it occurs substitute “HMRC”;

(c)

in paragraphs (2) and (5)(b) for “Part III” on each occasion it occurs substitute “Part 3”;

(d)

in paragraph (5)(c)(ii) for “regulation 11(5)(b)” substitute “regulation 15(3)(b)”; and

(e)

in paragraph (5)(c)(iii) for “regulation 11(5)(e)” substitute “regulation 15(3)(e)”.

9Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

In regulation 13A(4)(b) (repayment by income related instalments) for “Part III or IV” substitute “Part 3 or 4”.

Signature

FIONA HYSLOP

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

10th March 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Repayment of Student Loans (Scotland) Regulations 2000 (“the principal Regulations”).

The principal Regulations make several references to the Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944) (“the Collection Regulations”). The Education (Student Loans) (Repayment) Regulations 2009 revoke and replace the Collection Regulations. Regulations 3, 4 and 7 to 9 make amendments to the principal Regulations which are consequential to the revoking and replacement of the Collection Regulations.

Regulations 5 and 6 amend the principal Regulations to correct an omission of references to the Graduate Endowment (Scotland) Regulations 2007 and the Graduate Endowment (Scotland) Regulations 2008.