The Repayment of Student Loans (Scotland) Regulations 2000

PART I GENERAL

Citation and commencement

1.—(1) These Regulations may be cited as the Repayment of Student Loans (Scotland) Regulations 2000 and shall come into force on 16th May 2000.

Interpretation

2.  In these Regulations–

“the Act” means the Education (Scotland) Act 1980(1);

“the Board” means the Commissioners of Inland Revenue;

“borrower” means a person to whom the Scottish Ministers have lent money pursuant to regulations made under section 73 of the Act and who has not received a notice from them that it has been repaid in full or cancelled;

“Collection Regulations” means the Education (Student Loans) (Repayment) Regulations 2000(2);

“disability related benefit” means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992(3), or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987(4);

“Loan Regulations” means the Education (Student Loans) (Scotland) Regulations 1999(5);

“repayment” means a repayment of a student loan;

“Scottish Ministers” includes any person exercising functions on their behalf pursuant to arrangements made under section 73A(3) of the Act(6);

“student loan” means the total outstanding principal, interest, penalties and charges owed by a borrower to the Scottish Ministers pursuant to these or any other regulations made under section 73 of the Act, excluding any interest, penalties or charges payable under Part III or IV of the Collection Regulations;

“year of assessment” means the period 6th April to the following 5th April.

Revocation

3.  Regulation 16 of the Loan Regulations is hereby revoked.

(1)

1980 c. 44.

(2)

S.I. 2000/944.

(3)

1992 c. 4, amended by the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 1 to 3, 5 to 6, 8 to 11 and Schedules 1 and 2.

(4)

S.I. 1987/1967 (see Parts III and IV of Schedule 2); the relevant amending regulations are S.I. 1988/663, 2022, 1989/1678, 1991/1559, 2742, 1993/1150, 2119, 1994/2139, 3061, 1995/482, 515, 1997/543.

(5)

S.I. 1999/1001; as amended by S.I. 1999/1131.

(6)

1980 c. 44. Section 73A was inserted by section 29(2) 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).