Students Awards Regulations (Northern Ireland) 1991

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which have effect retrospectively on and from 1st September 1991 replace, with amendments, the Students Awards (No. 2) Regulations (Northern Ireland) 1990 and the Students Awards (No. 2) (Amendment) Regulations (Northern Ireland) 1991 (“the previous Regulations”). Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986. S.I. 19861594 (N.I. 3) (“the Order of 1986”).

The Regulations govern the making of awards (“mandatory awards”), which it is the duty of education and library boards to make to specified persons. They do not relate to awards (“discretionary awards”) which, in pursuance of Article 50(3) of the Order of 1986, boards may make under arrangements approved by the Department of Education.

While their text and format do not repeat exactly the provision made in England and Wales, the Regulations maintain parity of awards for Northern Ireland students with their English and Welsh counterparts. They parallel in substance most of the provisions of the Education (Mandatory Awards) Regulations 1991 S.I. 1991/1838 made by the Secretary of State for Education and Science relating to awards for students from England and Wales.

The principal changes, as compared with the previous Regulations, are described below.

• The Regulations govern the making of awards by boards to specified persons for teacher training courses, formerly provided by the Department of Education.

• Countries included in the definition of a higher-cost country now include the Republic of Korea (regulation 3).

• Education and Library Boards are enabled to make payment of a mandatory award to eligible students domiciled in Northern Ireland but undertaking an approved course of study at an institution in the Republic of Ireland (regulation 3).

• Students undertaking unpaid service in the prison service and students attending an international course and undertaking unpaid research outside the United Kingdom can, while doing so, now receive payments pursuant to their awards (regulation 3).

• Provision has been inserted to deal with the position of students from other member states of the European Community who attend a specified course at an institution in Northern Ireland (regulation 11(2)(b)).

• Provision has been made for the apportionment of payments between the 1990 and 1991 rates in respect of courses not commencing in the autumn at the University of Buckingham, which has four terms (regulation 12(4)). The definition of a year has been amended accordingly (regulation 3).

• The time limits for payment of fees have been specified (regulation 17(4)).

• A course for the postgraduate certificate in education has been added to the list of specified courses (Schedule 3).

• Differentiated fees have been introduced, so that higher fees are payable in respect of certain courses (Schedule 6 paragraph (a)(1) to (3)).

• Scales for determining parental contribution and spouse’s contribution rates have been revised in line with average earnings. In most cases supplementary allowances have been increased broadly in line with increases in overall student support.