Explanatory Note
(This note is not part of the Regulations.)
These Regulations, which come into operation on 1st February 19955 and have effect retrospectively from 1st September 1994 revoke and replace, with amendments, the Students Awards Regulations (Northern Ireland) 1993 (“the previous Regulations”).
Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986, S.I. 1986/594 (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 including reduced basic maintenance grant and tuition fee levels. They parallel in substance most of the provisions of the Education (Mandatory Awards) (No. 2) Regulations 1993 (S.I. 1993/2914) made by the Secretary of State for Education relating to awards for students in England and Wales.
The principal changes (other than the changes in the rates of fees, grants and allowances) as compared with the previous Regulations, are described as follows:
The maximum fees payable for the final years of courses which are ordinarily completed a substantial period of time before the end of the academic year of an institution are now limited to the amount payable in respect of the first one, two or three instalments in the other years of the course, depending on how early the course is completed (regulation 18(3)(c) and (d) and paragraph (ix) of Schedule 6).
The provision specifying the earliest times for the payment of instalments has been amended to make it clear that it covers the payment of two, three or four instalments, beginning with a payment after the first date on which the student is required to attend his course after the beginning of the academic year and continuing with one, two or three further payments after the next following first dates on which the student is required to attend his course after specified dates (regulation 18(4)(a)).
The provision removing the obligation to make payments for fees when a student has ceased to attend a course but not completed it has been amended in the case of courses which begin in the autumn and the fees for which are payable in three instalments. The first, second or third instalment will be payable if the student continues to attend the course until 15th November, 15th February or 31st May respectively (regulation 18(6)).
The provision authorising the payment of validation fees has been amended so that fees payable for the validation of a course provided at an institution which is not maintained or assisted by recurrent grants paid out of public funds are now subject to the maximum applying to other fees payable to such institutions, and that maximum has been raised accordingly (paragraph (a) and (c) of Schedule 6).
A mandatory award only in respect of tuition and other fees, which must be no higher than those charged to students from the United Kingdom continues to be available only to nationals of a member state of the European Community who are not entitled to a full mandatory award, and is not made available to nationals from other states within the European Economic Area who are not so entitled.
The residence requirement, which nationals from member states of the European Community and migrant workers must satisfy has been extended to apply to residence within the European Economic Area.
Provision has been made to enable boards to provide up to the 1993/94 maximum fee levels for students attending a course at an institution in the Republic of Ireland (Schedule 6(a)(3)(i)).
The discretion given to boards to pay a student’s travel expenses or medical insurance expenses in relation to a period of study outside the United Kingdom which is not a necessary part of the student’s course has been removed (paragraph 7(3) and 9(2) of Schedule 7).
Provision has been made to reflect the fact that under the European Economic Area Agreement nationals of countries within the European Economic Area in addition to nationals of countries within the European Community have rights arising under Council Regulation (EEC) 1612/68. In accordance with Article 7(2) or (3) or 12 of that Regulation they are entitled to awards under these Regulations.