Scottish Statutory Instruments
2007 No. 148
EDUCATION
The Education (Graduate Endowment, Student Fees and Support) (Scotland) Revocation Regulations 2007
Made
6th March 2007
Laid before the Scottish Parliament
6th March 2007
Coming into force
1st August 2007
The Scottish Ministers, in exercise of the powers conferred by sections 49(3), 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(1); sections 1 and 2 of the Education (Fees and Awards) Act 1983(2); section 1 of the Education (Graduate Endowment and Student Support) Scotland Act 2001(3) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Education (Graduate Endowment, Student Fees and Support) (Scotland) Revocation Regulations 2007 and shall come into force on 1st August 2007.
(2) These Regulations shall extend to Scotland only.
Revocation
2.—(1) The Regulations specified in Schedule 1 are revoked in their entirety.
(2) The Regulations specified in column 1 of Schedule 2 are revoked to the extent specified in column 3 thereof.
Transitional provisions
3.—(1) Anything done, anything begun or any right or liability acquired under or by virtue of any provision of the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(4), the Education Authority Bursaries (Scotland) Regulations 1995(5), the Education (Fees and Awards) (Scotland) Regulations 1997(6), the Students' Allowances (Scotland) Regulations 1999(7), the Education (Student Loans) (Scotland) Regulations 2000(8), the Graduate Endowment (Scotland) Regulations 2001(9) and the Education Maintenance Allowances (Scotland) Regulations 2004(10), shall be deemed as the case may be to have been done, begun or acquired, and anything begun may be continued under or by virtue of the corresponding provision of, respectively, the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(11); the Education Authority Bursaries (Scotland) Regulations 2007(12); the Education (Fees and Awards) (Scotland) Regulations 2007(13); the Students' Allowances (Scotland) Regulations 2007(14); the Education (Student Loans) (Scotland) Regulations 2007(15); the Graduate Endowment (Scotland) Regulations 2007(16) and the Education Maintenance Allowances (Scotland) Regulations 2007(17) (collectively “the Consolidated Regulations”).
(2) The revocation by these Regulations of a saving made on the previous revocation or amendment of a provision does not affect the operation of the saving insofar as it remains capable of having effect.
(3) The revocation by these Regulations of a transitional provision relating to the coming into force of a provision re-enacted in the Consolidated Regulations does not affect the operation of that transitional provision, so far as it remains capable of having effect, in relation to the provision as re-enacted.
NICOL STEPHEN
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th March 2007
Regulation 2(1)
SCHEDULE 1
| Column 1 | Column 2 |
|---|---|
| Instruments revoked | Reference |
| The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 | S.I. 1992/580 (S.66) |
| The Education Authority Bursaries (Scotland) Regulations 1995 | S.I. 1995/1739 (S.119) |
| The Education (Fees and Awards) (Scotland) Regulations 1997 | S.I. 1997/93 (S.5) |
| The Education Authority Bursaries and Students' Allowances (Scotland) Amendment Regulations 1997 | S.I. 1997/1049 (S.94) |
| The Education (Fees and Awards) (Scotland) Amendment Regulations 1997 | S.I. 1997/2008 (S.146) |
| The Education (Fees and Awards) (Scotland) Amendment Regulations 1998 | S.I. 1998/2324 (S.122) |
| The Students' Allowances (Scotland) Regulations 1999 | S.I. 1999/1131 (S.91) |
| The Education (Student Loans) (Scotland) Regulations 2000 | S.S.I. 2000/200 |
| The Education (Student Loans) (Scotland) Regulations 2000 Amendment Regulations 2001 | S.S.I. 2001/228 |
| The Students' Allowances (Scotland) Amendment Regulations 2001 | S.S.I. 2001/229 |
| The Graduate Endowment (Scotland) Regulations 2001 | S.S.I. 2001/280 |
| The Education (Student Loans) (Scotland) Regulations 2000 Amendment (No. 2) Regulations 2001 | S.S.I. 2001/311 |
| The Nursing and Midwifery Student Allowances (Scotland) Amendment Regulations 2002 | S.S.I. 2002/423 |
| The Nursing and Midwifery Student Allowances (Scotland) Amendment Regulations 2003 | S.S.I. 2003/401 |
| The Education Maintenance Allowances (Scotland) Regulations 2004 | S.S.I. 2004/273 |
| The Education Maintenance Allowances (Scotland) Amendment Regulations 2004 | S.S.I. 2004/301 |
| The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005 | S.S.I. 2005/217 |
| The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005 | S.S.I. 2005/341 |
| The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No. 2) Regulations 2005 | S.S.I. 2005/545 |
| The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2006 | S.S.I. 2006/323 |
Regulation 2(2)
SCHEDULE 2
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Instruments revoked | Reference | Extent of revocation |
| The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004 | S.S.I. 2004/469 | Regulations 2, 3, 4, 5, 6, 7 and 9 |
Explanatory Note
(This note is not part of the Regulations)
These Regulations revoke instruments as a result of the consolidation of the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992, the Education Authority Bursaries (Scotland) Regulations 1995, the Education (Fees and Awards) (Scotland) Regulations 1997, the Students' Allowances (Scotland) Regulations 1999, the Education (Student Loans) (Scotland) Regulations 2000, the Graduate Endowment (Scotland) Regulations 2001 and the Education Maintenance Allowances (Scotland) Regulations 2004. The effect of the revoked regulations is preserved in relation to any right or liability acquired by virtue of the revoked regulations.
1980 c. 44; Section 73(f) was amended by the Teaching and Higher Education Act 1998 (“the 1998 Act”) (c.30), section 29(1) and by the Education (Graduate Endowment and Student Support) (Scotland) Act 2001(“the 2001 Act”) (asp 6), section 3(2). Section 73B was inserted by the 1998 Act, section 29(2) and was amended by the 2001 Act, section 3 (3) and by the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, paragraph 149. Section 74(1) was amended by the Self-Governing schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
1983 c. 40; section 1 was relevantly amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91 and the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraph 8; section 2(3)(a) and the word ‘other’ in paragraph (b) were repealed by the Teaching and Higher Education Act 1998, section 44(2) and Schedule 4. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
2001 asp 6; section 1 was amended by the Further and Higher Education (Scotland) Act 2005 (asp 6), schedule 3, paragraph 10.
S.I. 1992/580; amended by S.S.I. 2002/423, 2003/401, 2004/469, 2005/217, 341, 545 and 572 and 2006/323.
S.I. 1995/1739; amended by S.I. 1997/1049, S.S.I. 2004/469, 2005/217, 341, 545 and 572 and 2006/323.
S.I. 1997/93; amended by S.I. 1997/2008 and 1998/2324, S.S.I. 2004/469, 2005/217, 341, 545 and 572 and 2006/323.
S.S.I. 2000/200; amended by S.S.I. 2001/228 and 311, 2004/469, 2005/217, 314, 341 and 572, 2006/323 and 367.
S.S.I. 2001/280; amended by S.S.I. 2004/469, 2005/341, 545 and 572 and 2006/323.
S.S.I. 2004/273; amended by S.S.I. 2004/301 and 469, 2005/217, 341, 545 and 572 and 2006/323.