Regulation 9 Terms and conditionsI1

Northern Ireland Not yet in force

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

reg. 9(2)(a)(b) word substituted by Students Awards 2007 reg. 7
reg. 9(2)(a) word substituted by Students Awards 2006 reg. 8
reg. 9(2)(a)(b) word substituted by Students Awards 2008 reg. 6
reg. 9 coming into force by Students Awards 2003 reg. 1
reg. 9(2)(a) word substituted by Students Awards 2005 reg. 7
reg. 9(2)(b) word substituted by Students Awards 2005 reg. 7
reg. 9(2)(b) word substituted by Students Awards 2006 reg. 8

(1)

Awards to be made by boards shall be subject to the terms and conditions set out in Schedule 3.

(2)

Awards to be made by boards shall be either –

(a)

a full award in respect of a person’s attendance at a specified course during an academic year beginning after 31st August 2003 –

(i)

if the person concerned is ordinarily resident in the board’s area or is a person described in paragraph 1(b)(ii) of Schedule 1; and

(ii)

the duty is not owed to the person only because he is a European student;

(b)

where sub-paragraph (a) does not apply, a fees only award in respect of a person’s attendance at a specified course at an institution in Northern Ireland during an academic year beginning after 31st August 2003 if the person is a European student.

(3)

Where paragraph (2)(a) applies a person shall not be regarded as ordinarily resident in the area of the board as a result of having moved from England, Scotland, Wales, the Channel Islands or the Isle of Man to become ordinarily resident in the area of a board for the purpose of attending his current course or a previous course and shall be treated as being ordinarily resident in the place from which he has moved.

(4)

Where paragraph (2)(b) applies the fees only award shall be made by the board in whose area the main facility of the institution is situated.

(5)

The reference in paragraph (3) to a previous course is a reference to a course of further education or higher education which, disregarding an intervening vacation, the student was attending immediately before commencing his current course.

Annotations

Commencement

I1: Reg. 9 in operation at 1.12.2003 with effect in accordance with reg. 1