The Education (Student Loans) (Scotland) Amendment Regulations 1999

Scottish Statutory Instruments

1999 No. 124

EDUCATION

The Education (Student Loans) (Scotland) Amendment Regulations 1999

Made

19th October 1999

Laid before the Scottish Parliament

20th October 1999

Coming into force

20th October 1999

The Scottish Ministers, in exercise of the powers conferred upon them by sections 73(f) and 74(1) of the Education (Scotland) Act 1980(1) and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (Student Loans) (Scotland) Amendment Regulations 1999 and shall come into force on 20th October 1999.

(2) In these Regulations, “the principal Regulations” means the Education (Student Loans) (Scotland) Regulations 1999(2).

Amendment of regulation 6 of the principal Regulations

2.  In regulation 6(11) of the principal Regulations (application for loans), for the words “received at least one instalment of his loan”, there is substituted “submitted an application for a loan in accordance with paragraph (1)”.

Amendment of regulation 10 of the principal Regulations

3.  In regulation 10 of the principal Regulations (maximum amount of loans)–

(a) in paragraphs (9) and (10) after the word “student” where it first occurs, there is inserted “(other than an eligible student to whom paragraph (11) applies)”; and

(b) in paragraph 11(b), for the words “Students' Allowances (Scotland) Regulations 1996” there is substituted “Students' Allowances (Scotland) Regulations 1999(3)”.

Amendment of regulation 12 of the principal Regulations

4.  In regulation 12(2) of the principal Regulations (hardship loans), for “£250” there is substituted “£500”, and for “£25” there is substituted “£100”.

Amendment of regulation 13 of the principal Regulations

5.  In regulation 13 of the principal Regulations (payment of loans)–

(a) in paragraph (1), after the word “times” there is inserted “and in such number of instalments (which need not be of equal amounts)”;

(b) paragraphs (2) and (3) are deleted;

(c) in paragraph (10), for the words “may only pay the additional loan in instalments in accordance with paragraph (3), paying” there is substituted “shall pay”; and

(d) in paragraph (11)(a), the words from “so that the instalments” to the end of the paragraph shall be omitted.

HENRY McLEISH

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th October 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Student Loans) (Scotland) Regulations 1999 (S.I. 1999/1001) (the “principal Regulations”) which provide for loans for maintenance for eligible students attending designated courses of higher education.

Regulation 2 amends regulation 6 of the principal Regulations to enable eligible students to apply for a top-up of their main loan after they have submitted their original loan application rather than after they have received the first instalment of the loan.

Regulation 3 amends regulation 10 of the principal Regulations to exclude certain categories of student from eligibility for loans for extra weeks attendance at courses. Where appropriate, the maintenance grant entitlement of these students is adjusted to take account of extra weeks.

Regulation 4 amends regulation 12 of the principal Regulations so that eligible students may receive hardship loans which are £100 or any multiple of £100 up to £500.

Regulation 5 amends regulation 13 of the principal Regulations to allow payments of loans to be made at such times, and in such instalments, as the Scottish Ministers consider appropriate in the circumstances. This has the effect of bringing these Regulations more into line with the Students Allowances (Scotland) Regulations 1999 (S.I. 1999/1131).

(1)

1980 c. 44. Section 73(f) was amended by section 29(1) of the Teaching and Higher Education Act 1998 (c. 30). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1999/1001.

(3)

S.I. 1999/1131.