Regulation 18 Revocations, Savings and Transitional ProvisionsI1

Northern Ireland Not yet in force

(1)

The Students Awards Regulations (Northern Ireland) 2002^f1 are hereby revoked.

(2)

Without prejudice to section 29(3)(a) of the Interpretation Act (Northern Ireland) 1954^f2 and to the definition of “award in regulation 2(1)”, an award made in pursuance of previous Awards Regulations before the coming into operation of these Regulations, insofar as it could have been made in pursuance of these Regulations, shall for the purposes thereof, be treated as having been so made.

(3)

Where the current academic year of a student’s course began in the winter or the spring of 2003 then, notwithstanding anything in these Regulations, payments in pursuance of an award made under previous award Regulations to that student in respect of the year beginning on 1st January 2003 or, as the case may be, 1st April 2003 shall be the aggregate of –

(a)

two-thirds or, as the case may be, one third of the payments in pursuance of that award which would have fallen to be made in respect of that year under the Students Awards (Northern Ireland) Regulations 2002 had they not been revoked; and

(b)

one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 2003 under these Regulations had the academic year of that course begun in the autumn of 2003.

(4)

In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 2003 then, notwithstanding anything in these Regulations, payments in pursuance of an award made under previous Awards Regulations in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of –

(a)

three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Students Awards Regulations (Northern Ireland) 2002 had they not been revoked; and

(b)

one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 2003 under these Regulations had the academic year of the course begun in the autumn of 2003.

(5)

Where an award was made to a student under Article 50(3) of the Order (“the discretionary award”) in respect of a course to which Article 50(1) and (2) did not then apply but the course becomes or has become a specified course and an award within the meaning of these Regulations is or has been made to the student in respect of that course, then if the discretionary award continues to be payable it shall be disregarded in calculating the students income for the purposes of regulation 11(1)(b); but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.

(6)

Where –

(a)

an award was made to a person pursuant to previous awards regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997; and

(b)

the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course,

a board shall not be excepted from the duty to make an award in respect of the person’s attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in paragraph 2(a) of Schedule 1.

(7)

In relation to a person who commenced attendance at an institution of Higher Education in the Republic of Ireland providing a full-time course comparable to one listed in paragraph 1, 2, 3 or 4 of Schedule 2 before 10th July 1997 or could have commenced such attendance before that date but for choosing to defer such attendance, the following provisions of the Students Awards Regulations (Northern Ireland) 1996^f3 shall continue to apply as if those Regulations had not been revoked –

(a)

the definition of “institution” in regulation 2(1);

(b)

sub-paragraph (i) of paragraph (a) in Schedule 6.

(8)

Where an award is made to a person in respect of his attendance at a course the first year of which begins on or after 1st September 1998 the award shall be treated as an award made under Awards Regulations if –

(a)

the person had on or before 1st August 1997 received an offer of a place on that course, or on a similar specified course, in either case for a year which begin after 1st September 1998 and before 1st September 1999, and whether conditional on obtaining specified qualifications or not; or

(b)

the person received an offer of a place on a specified course for a year which begins before 1st September 1998, and –

(i)

the board were satisfied that the person was unable to take up that offer because of illness, and

(ii)

the person was offered a place on a specified course, whether or not at the same institution, and the first year of the course begins on or after 1st September 1998 and before 1st September 1999;

(c)

the person had received an offer of a place on a specified course for a year which begins before 1st September 1998, and –

(i)

he was not able to take up the offer because a specified qualification or grade was not awarded to him,

(ii)

he appealed against the decision not to award the qualification or grade to him,

(iii)

the appeal was allowed after the last date when he could have taken up the offer, and

(iv)

as a result he was offered a place on a specified course, whether or not at the same institution, for a year which begins on or after 1st September 1998 and before 1st September 1999;

(d)

the course is a first degree course, and –

(i)

he begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and

(ii)

an award was made to him in respect of his attendance at the DipHE or HND course which is an award made under previous Awards Regulations other than by virtue of this sub-paragraph (e); or

(e)

the course is a postgraduate course for the initial training of teachers, and –

(i)

he begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and

(ii)

an award was made to him in respect of his attendance at the first degree course which is an award made under previous Awards Regulations other than by virtue of sub-paragraph (d) or this sub-paragraph.

(9)

For the purposes of paragraph (8)(a) a course is similar to another course, if –

(a)

the board are satisfied that the subject matter of the course is in part the same as the subject matter of the other course; and

(b)

where the offer of a place was on a course which is still offered, the other course is at the same institution.

Regulation 18 Revocations, Savings and Transitional ProvisionsI1

Annotations

Commencement

Footnotes