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Education Act 1980

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This is the original version (as it was originally enacted).

4(1)For the purposes of the exercise of any power or the performance of any duty conferred or imposed by or under any of the provisions of sections 1 to 3 of this Act, it is immaterial—

(a)whether an award is designated by that name or as a scholarship, studentship, exhibition or bursary or by any similar description, or

(b)in what terms the bestowal of an award is expressed.

(2)Any enactment contained in those sections which requires or authorises the making of regulations shall be construed as requiring or authorising regulations to be made by the Secretary of State ; and regulations made for the purposes of any such enactment may make different provision for different cases to which that enactment is applicable.

(3)Without prejudice to subsection (2) above, regulations under section 3(a) or (c) above may make in relation to persons ordinarily resident in Wales provision different from that made in relation to persons so resident in England.

(4)Any power to make regulations under those sections shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In sections 2 and 3 of this Act " training" (in relation to training as a teacher) includes further training, whether the person undergoing the further training is already qualified as a teacher or not; and any reference to a person undergoing training includes a person admitted or accepted by the appropriate university, college or other authorities for undergoing that training. Schedule 1 Ordinary Residence 1. The provisions of this Schedule shall have effect for the purposes of section 1 of this Act. 2. Subject to the following provisions of this Schedule, a person shall be treated for those purposes as ordinarily resident in the area of a local education authority if he would fall to be treated as belonging to that area for the purposes of section 31(3) of the Education Act 1980. 3. Regulations made under this Act may modify the operation of the last preceding paragraph in relation to cases where a person applies for an award under section 1 of this Act in respect of a course and, at any time within the period of twelve months ending with the date on which that course is due to begin, a change occurs or has occurred in the circumstances by reference to which (apart from this paragraph) his place of ordinary residence would fall to be determined. 4. Regulations made under this Act may make provision whereby a person who under paragraph 2 of this Schedule would fall to be treated for the purposes of section 1 of this Act as not being ordinarily resident in any area is to be treated for those purposes as being ordinarily resident in the area of such local education authority as may be specified by or under the regulations. 5. Subsections (1), (2) and (4) of section 4 of this Act shall have effect in relation to paragraphs 3 and 4 of this Schedule as they have effect in relation to section 1 of this Act.

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