Statutory Rules of Northern Ireland
EDUCATION
Made
25th November 1996
Coming into operation
24th December 1996
1. These Regulations may be cited as the Students Awards (No. 2) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 24th December 1996 and shall have effect from 1st September 1996.
2. The Students Awards (No. 2) Regulations (Northern Ireland) 1996(3) shall be amended as provided by regulations 3 to 8.
3. In regulation 3(1) (Interpretation)—
(a)in the definition of “course of initial teacher training” in paragraph (c) after the word “whether” there shall be inserted “full-time”;
(b)after the definition of “EEA Agreement” there shall be inserted the following definition—
““EEA migrant worker” means a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom under the Council Regulation;”;
(c)for the definition of “European student” there shall be substituted—
““European student” means a person who is a national of a member state of the European Community or the child of such a national and who has not been ordinarily resident within the British Islands throughout the period of 3 years before the commencement of his course;”;
(d)in the definition of “first degree course” in paragraph (d) after the words “Secretary of State for Education” there shall be inserted “and Employment”.
4. In regulation 7 (Ordinarily resident)—
(a)in paragraph (3) the words “and is not a European student” shall be deleted;
(b)for paragraph (4) there shall be substituted—
“For the purposes of regulation 6(1) the ordinary residence requirements of paragraph 1(b) of Schedule 2 shall not apply in the case of—
(a)a refugee who has not been ordinarily resident outside the British Islands since he was recognised as a refugee; or
(b)the spouse or child of such a refugee.”;
(c)for paragraph (5) there shall be substituted the following paragraph—
“(5) The person referred to in Schedule 2 Part I paragraph 1(b)(ii) is—
(a)a European student;
(b)an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of the Council Regulation;
(c)the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse;
(d)the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the Council Regulation; and
(e)a British citizen within the meaning of the British Nationality Act 1981(4) who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because—
(i)he was ordinarily resident for the purposes of employment in the European Economic Area during every part of that period in which he was not ordinarily resident in the British Islands; or
(ii)his parent or spouse is such a person as is mentioned in sub-paragraph (i) and is ordinarily resident in Northern Ireland on the relevant day”.
5. In regulation 9 (Previous attendance at a course) in paragraph (2) after the word “comparable” in both places where it occurs there shall be inserted “first degree or”.
6. In Schedule 2 Part 1 (Specified persons and excluded persons) paragraph 1(b)(ii) for the words “Article 7(2) or (3) or 12 of the Council Regulation” there shall be substituted “regulation 7(5)”.
Sealed with the Official Seal of the Department of Education on 25th November 1996.
L.S.
Robson Davison
Assistant Secretary
(This note is not part of the Regulations.)
These Regulations amend the Students Awards (No. 2) Regulations (Northern Irelan 1996 and have effect retrospectively from 1st September 1996.
Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).
The Regulations make the following principal changes—
Provision has been made for the designation by the Secretary of State for Education and Employment of full-time courses for the initial training of teachers which are not provided wholly by publicly funded institutions in the United Kingdom, or by such institutions in conjunction with certain other institutions in the United Kingdom, or wholly by those certain other institutions. A definition of an EEA migrant worker has been added. (Regulation 3).
Provision has been made for the payment of awards to the spouses of EEA migrant workers (Regulation 5).
First degrees comparable to Bachelor of Education degrees are now conferred by some institutions under different names so provision has been made for them to be treated for the purposes of the Regulations as Bachelor of Education degrees. (Regulation 6).
As amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Schedule 4 Part II