The Education (Student Loans) (Amendment) (England and Wales) Regulations 2001

Statutory Instruments

2001 No. 1627

EDUCATION, ENGLAND AND WALES

The Education (Student Loans) (Amendment) (England and Wales) Regulations 2001

Made

30th April 2001

Laid before Parliament

2nd May 2001

Coming into force

1st August 2001

In exercise of the power conferred by section 1(2)(b) and (7) of and paragraph 1(1) of Schedule 2 to the Education (Student Loans) Act 1990(1), the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2001 and shall come into force on 1st August 2001.

(2) These Regulations do not apply in or as regards Scotland(2).

Amendment of Regulations

2.  The Education (Student Loans) Regulations 1998(3) shall be amended as follows.

3.  In regulation 6(1) to (4)(4) for each of the figures in the first column below wherever it appears there shall be substituted the corresponding figure in the second column below:

£1,020	£1,045
£1,645	£1,685
£1,395	£1,430
£2,255	£2,310
£1,330	£1,365
£1,825	£1,870

4.  In paragraph 1 of Schedule 2 in the definition of “disability related benefits” for the words “disability working allowance” substitute the words “disabled person’s tax credit”.

Tessa Blackstone

Minister of State,

Department for Education and Employment

30th April 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st August 2001, amend the Education (Student Loans) Regulations 1998 (“the principal Regulations”). The principal Regulations govern loans made under the Education (Student Loans) Act 1990, which are mortgage style repayment loans. Such loans are for the most part made to students who began their courses before 1st August 1998. Loans under the Teaching and Higher Education Act 1998, repayable though the tax system, are made to students beginning their courses after 1st August 1998.

Regulation 1(2) has been amended slightly to ensure that these Regulations apply only to students in respect of whom local education authorities in England and Wales are responsible for assessing eligibility for their loans.

The maximum amounts which may be lent in relation to an academic year have been increased in line with inflation (regulation 3).

On 5th October 1999, disability working allowance was replaced by disabled person’s tax credit and the definition of “disability related benefit” in paragraph 1 of Schedule 2 has been amended accordingly (regulation 4).

(1)

1990 c. 6, amended by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3. The entire Act was repealed on 13th August 1998 by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4, subject to saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions Order 1998 (S.I. 1998/2004) (c. 46). The saving provisions include provision for making subordinate legislation after the date of the repeal.

(2)

The Secretary of State’s functions under the Education (Student Loans) Act 1990 were transferred, in or as regards Scotland, to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998, read with article 3 of, and paragraph 11 of Schedule 1 to the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748).

(3)

S.I. 1998/211, amended by the Education (Student Loans) (Amendment) Regulations 1998 (S.I. 1998/1676), the Education (Student Loans) (Amendment No. 2) Regulations 1998 (S.I. 1998/2005), the Education (Student Loans) (Amendment) Regulations 1999 (S.I. 1999/1784) and the Education (Student Loans) (Amendment) (England and Wales) Regulations 2000 (S.I. 2000/1804).

(4)

Amended by S.I. 2000/1804.