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Students Awards Regulations (Northern Ireland) 2002

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Specified persons

5.—(1) Persons described in Part I of Schedule 1, with the exception of persons described in Part II of that Schedule, are, subject to the following paragraphs, specified by the Department for the purposes of Article 50(1).

(2) The board which shall be under a duty to make an award to a person entitled to the payment of an award by virtue of Article 7(2), (3) or 12 of the Council Regulation shall be –

(a)the board in the area of which the person was last resident during the period of 2 years preceding the relevant day;

(b)if sub-paragraph (a) does not apply, the board in the area of which the institution providing the person’s course is situate.

(3) The duty of a board to make an award in pursuance of Article 50(1) which was repealed with transitional and saving provisions on 1st January 1999 by Article 9 of and the Schedule to the Education (Student Support) (Northern Ireland) Order 1998, shall apply only to the extent provided for in Articles 3 and 4 of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order 1998, and, accordingly, persons specified by the Department for the purposes of Article 50(1) are only so specified in respect of their attendance at a course which is –

(a)a first degree course where –

(i)the person begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and

(ii)an award made to him in respect of his attendance at the DipHE or HND course was an old award, or where no award was made an award would have been an old award if it had been made;

(b)subject to paragraphs (4) and (5), a postgraduate course for the initial training of teachers where –

(i)the person begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and

(ii)an award made to him in respect of his attendance at the first degree course was an old award, or where no award was made an award would have been an old award if it had been made;

(c)a course the first year of which began before 1st September 1999.

(4) The Board shall not be under a duty to make a fees only award where the student is attending a flexible postgraduate course for the initial training of teachers, and for the purposes of this regulation “flexible postgraduate course for the initial training of teachers” means a course of initial teacher training, which has been approved by the Teacher Training Agency(1), the length and pattern of which is determined by the student’s experience and training requirements.

(5) The Board shall not be under a duty to award a maintenance grant where the student is attending a flexible postgraduate course for the initial training of teachers which is of less than one year’s duration.

(1)

The Teacher Training Agency was established under section 1 of the Education Act 1994 (c. 30).

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