PART II AWARDS

7 Duty to bestow an award
1 Subject to paragraph (2), in pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow–
(a) a full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 1999 if–
(i) the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations, and
(ii) the duty is not owed to the person only because he is a European student;
(b) where paragraph (a) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after the 31st August 1999 if the person is a European student and the institution at which he attends his course is within the area of the authority.
2 The duty of an authority to bestow an award in pursuance of section 1(1) of the Education Act 1962, which was repealed with transitional and saving provisions on 1st January 1999 by section 44(2) of and Schedule 4 to the Teaching and Higher Education Act 1998, shall apply only to the extent provided for in articles 3 and 4 of the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998, that is in respect of a person’s 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 bestowed on him in respect of his attendance at the DipHE or HND course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed;
(b) 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 bestowed on him in respect of his attendance at the first degree course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed.
1998 c. 30; section 44(2) came into force for the purpose of bringing into force the repeal of the Education Act 1962 by virtue of the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237 (c. 81)).