Students Awards Regulations (Northern Ireland) 1991

Regulations 11, 12(1), 12(2), 19(1) and 19(3)(b)

SCHEDULE 4 Terms and conditions

Transfer of awards

1.—(1) Subject to sub-paragraphs (3) and (4), if a student who holds an award for a specified course commences, on the recommendation of the academic authority, to attend at the institution a specified course other than the one in respect of which the award is held, such award shall be transferred by the board at the request of the student so as be held in respect of his attendance at the new course.

(2) Subject to sub-paragraphs (3) and (4), if a student who holds an award for a specified lied course commences, with the written consent given on educational grounds of the academic authorities of both institutions concerned, to attend a specified course at another institution, such award shall be transferred by the board at the request of the student so as to be held in respect of his attendance at the new course.

(3) An award shall not be transferred unless—

(a) the recommendation or consent is given not later than four months after the end of the first year of the course in respect of which the award was originally made; or

(b) the board is satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in paragraph (a) is due only to the need to apply through a clearing admissions system; or

(c) the board, after consulting the academic authority or authorities concerned, is satisfied that the period which the student will ordinarily require to complete the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring—

(i) in each case, periods of experience which are part of a sandwich course; and

(ii) in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the board would not make any payment for maintenance in respect of that period under regulation 18(1).

(4) A board may refuse to transfer an award if, after consulting the academic authority concerned, it is satisfied that when the student applied for such transfer he did not intend to complete the course to which such application related.

Conditions relating to applications

2.—(1) Subject to sub-paragraphs (2) and (3), an award shall be subject to the conditions that—

(a) an application in respect thereof shall be made in writing and shall reach the board not later than the end of the term in which the applicant commences his course;

(b) the applicant furnishes the board with a written undertaking that, where provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon so to do, repay the excess amount;

(c) the applicant if so required by the board will provide it from time to time with such information as it may consider necessary for the exercise of its functions under Part II of these Regulations.

(2) An application shall be treated as having reached the board as required by sub-paragraph (1)(a) where—

(a) to the knowledge of the board the application has so reached another board; or

(b) before the end of the term in which the applicant commences his course, that course had not become a specified course and the application reaches the board before the end of the first term after that course becomes a specified course; or

(c) in the case of a refugee, or the spouse or child of a refugee, the application reaches the board before the end of the term (of his course) first beginning after the date on which the refugee was recognised as a refugee or was accorded asylum; or

(d) having regard to the circumstances of the particular case, the board considers it should be so treated.

(3) If the applicant has not attained the age of eighteen years, sub-paragraph (1)(b) shall be read as if the references to the applicant were references to the applicant or his parent.

Termination and extension of awards

3.—(1) Subject to sub-paragraphs (2) to (4), an award shall terminate on the expiry of the period ordinarily required to complete the course in respect of which it is made or to which it is transferred in pursuance of paragraph 1(1) or 1(2).

(2) If the academic authority refuses to allow the student to complete his course, the board shall terminate the award forthwith.

(3) If the student does not complete his course within the period ordinarily, required, the board—

(a) may extend the award until he has completed the course; and

(b) shall extend the award for a period equivalent to any period in respect of which it has made any payment under regulation 18(1).

(4) The board may extend an award to enable a student to follow an associated course of study during or at the end of the course in respect of which he holds an award.

(5) The board may, after consultation with the academic authority, terminate an award if it is satisfied that the student has either—

(a) abandoned the course in respect of which he holds the award and the award does not fall to be transferred in pursuance of paragraph 1(1) or 1(2); or

(b) shown himself by his conduct to be unfitted to hold an award.

Supplementary provisions

4.—(1) If, after consultation with the academic authority concerned, a board is of the opinion that the attendance, conduct or progress of a student in relation to a course is not satisfactory, it may suspend or terminate an award held by him in respect of that course, or withhold or reduce any payment normally due in respect of that award.

(2) If, in the case of a student who is required to provide information in accordance with paragraph 2(1)(c), the board is satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular, or has recklessly provided information which is false in a material particular, the board may terminate the award or withhold any payments due under the award as it sees fit.