Students Awards Regulations (Northern Ireland) 1995

Regulations It, 12(1),and (2), 20(i) and (3)(b)

SCHEDULE 4 Terms and conditions

Transfer of awards

1.—(1) An award shall be transferred by the board at the request of the student so as to be held in respect of attendance at a course other than that in respect of which it is held where—

(a) subject to sub-paragraphs (2) and (3), on the recommendation of the academic authority, the student commences to attend at the institution at a specified course other than the one in respect of which the award is held;

(b) subject to sub-paragraphs (2) and (3), with the written consent given on educational grounds of the academic authorities of both institutions concerned, the student commences to attend at a specified course at another institution;

(c) subject to sub-paragraph (4), after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;

(d) subject to sub-paragraph (4), after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or

(e) after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.

(2) An award shall not be transferred in pursuance of sub-paragraph (1)(a) or (b) unless either—

(a) the requisite 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is given not later than four months after the end of the first year of the course in respect of which the award was originally made; or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 concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in head (a) is due only to the need to apply through a clearing admissions system; or

(c) the board is satisfied, after consulting the academic authority concerned, that the period which the student will ordinarily require to complete the course to which the request for transfer of award relates 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 19(1).

(3) A board may refuse to transfer an award if, after consulting the academic authority concerned, it is satisfied that when the student requested such transfer he did not intend to complete the course in respect of which the award was originally made.

(4) An award shall not be transferred in pursuance of sub-paragraph (1)(c) or (d) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held, exceeds—

(a) five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or

(b) four years where the award would be held in respect of a course for that degree not being an honours degree;so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.

(5) For the purposes of the duty of a board to transfer an award in pursuance of sub-paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.

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 four months after the date of the beginning of the year of the course; and

(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 amount of the award payable in respect of that year, he will, if called upon so to do, repay the excess amount; and

(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 11 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;

(b) where, not later than four months after the date of the beginning of the course that course has not become a specified course and the application reaches the board not later than four months after the date on which that course becomes a specified course;

(c) in the case of a refugee, or the spouse or child of a refugee, the application reaches the board not later than four months after the date on which the refugee was recognised as a refugee; or

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

(3) Where the applicant is a minor, any reference in sub-paragraph (1)(b) to the applicant shall be construed as including 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).

(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 19(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

(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.