The Education (Mandatory Awards) Regulations 1998 (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Mandatory Awards) Regulations 1998 (“the main Regulations”).

The Regulations make various amendments to regulations 2 and 6(8) and (9), in relation to awards which are to be treated as “old awards”. For an award to be treated as an old award where a person had, on or before 1st August 1997, received an offer of a place on a similar course (“the old course”) beginning on or after 1st September 1998 and before 1st September 1999, it is no longer necessary that the old course should still be available. In addition, to be treated as a similar course the course for which the award is bestowed (“the new course”) no longer has to lead to a degree or other qualification which is the same as the degree or qualification to which the old course leads; and the authority only needs to be satisfied that the subject matter of the new course is in part (rather than for the most part) the same as the subject matter of the old course. However, to be treated as a similar course where the old course is still offered, the new course must be at the same institution. (Regulations 4(b) and 5.)

Regulation 4(c) provides for an award bestowed on a person who is prevented by illness from taking up the offer of a place on a course beginning on or after 1st September 1997 and before 1st September 1998 to be treated as an old award.

Regulation 4(d) amends regulation 6(8)(b) of the main Regulations, so that an award bestowed on a person who has successfully appealed against his examination results is treated as an old award, whether or not it is in respect of the same designated course for which the person had been offered a place, and whether or not it is at the same institution.

The Regulations further amend regulation 6(8) so that an award is to be treated as an “old award” where it is in respect of a person’s attendance on a first degree course starting on 1st September 1998 or at any time thereafter, where the person attends the course immediately after ceasing to attend a DipHE or HND course for which he held an old award. The same applies where an award is in respect of a person’s attendance on a postgraduate course for the initial training of teachers, starting on 1st September 1998 or at any time thereafter, where the person attends the course immediately after ceasing to attend a first degree course for which he held an old award. (Regulation 4(e) and (f).)

Regulation 6 corrects a typographical error in regulation 12(7)(a), and regulation 7 amends paragraph (b) of Schedule 1 to remove the reference to Durham, since it is no longer intended that payments should be made under the main Regulations in respect of any college fees or dues charged at that university.

Finally, the Regulations amend paragraph 6(2)(j) of Schedule 3, so that income referred to in paragraph 2(4) of that Schedule is not to be deducted from a parent’s gross income for the purposes of determining his residual income. (Regulation 8.)