The Education (Mandatory Awards) Regulations 1991

Revocations and transitional provisions

6.—(1) The Education (Mandatory Awards) Regulations 1990(1) and the Education (Mandatory Awards) (Amendment) Regulations 1991(2) are hereby revoked.

(2) Subject to paragraph (7) and without prejudice to section 17(2)(b) of the Interpretation Act 1978(3) and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.

(3) Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 1991 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1991 shall be the aggregate of–

(a) two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1990 had they not been revoked, and

(b) one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1991 under these Regulations had the academic year of his course begun in the autumn of 1991.

(4) In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1991 then, notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of–

(a) three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1990 had they not been revoked, and

(b) one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1991 under these Regulations had the academic year of the course begun in the autumn of 1991.

(5) Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.

(6) The Education (Students' Dependants Allowances) Regulations 1983(4) revoked by the Education (Mandatory Awards) Regulations 1987(5) shall continue to have effect in relation to an allowance payable or paid thereunder in respect of a period falling before 1st September 1987.

(7) An award bestowed under previous Awards Regulations upon a person mentioned in regulation 9(2)(b) or (c) of the Education (Mandatory Awards) Regulations 1987 but not mentioned in regulation 9 of these Regulations shall, in so far as it could otherwise have been bestowed in pursuance of these Regulations, for the purposes thereof, be treated as having been so bestowed.

(1)

S.I. 1990/1628.

(2)

S.I. 1991/827.

(3)

1978 c. 30.

(4)

S.I. 1983/1185, as amended by S.I. 1984/1179, 1985/1160 and 1986/1325.

(5)

S.I. 1987/1261.