The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018

Statutory Instruments

2018 No. 434

Education, England

The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018

Made

3.00 p.m. on 27th March 2018

Laid before Parliament

5.00 p.m. on 27th March 2018

Coming into force

28th March 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998(1):

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018.

(2) These Regulations come into force on 28th March 2018.

(3) In these Regulations—

(a) “dental profession subject” means dental hygiene, dental therapy and dental hygiene and dental therapy;

(b) “postgraduate pre-registration course” means an education and training programme leading to a graduate master’s degree or a postgraduate diploma which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i) the Health and Care Professions Council(2), for allied health profession subjects other than dental profession subjects; or

(ii) the Nursing and Midwifery Council(3), for midwifery or nursing.

Revocation of the Education (Student Support) (Amendment) Regulations 2018

2.  Subject to regulation 3, the Education (Student Support) (Amendment) Regulations 2018(4) are revoked.

Saving provision

3.  Regulations 2, and 5 to 16, are of no effect in relation to a person who, before the date on which these Regulations come into force, has submitted an application under the Education (Student Support) Regulations 2011(5) to the Secretary of State for support in relation to a postgraduate pre-registration course or a dental profession course and that application has been received.

Amendment of the Education (Student Support) Regulations 2011

4.  Regulations 5 to 16 amend the Education (Student Support) Regulations 2011 as follows.

Amendment of regulation 2

5.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) in the definition of “allied health profession subject”(6), after “chiropody,”, omit “dental profession subject,”;

(b) after the definition of “current system student”, omit the definition of “dental profession subject”;

(c) after the definition of “person granted stateless leave”, omit the definition of “postgraduate pre-registration course”;

(d) for the definition of “pre-registration course”(7), substitute—

““pre-registration course” means an education and training programme leading to a qualification which is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained respectively by the Health and Care Professions Council for allied health profession subjects and operating department practice, the Nursing and Midwifery Council for midwifery or nursing, or the Health and Care Professions Council and Nursing and Midwifery Council for nursing and social work;”.

Amendment of regulation 4

6.  In regulation 4(8) (eligible students), omit paragraphs (6A) to (6E) and (7A).

Amendment of regulation 5

7.—(1) Regulation 5(9) (designated courses) is amended as follows.

(2) In paragraph (1)—

(a) in the opening words, omit “(2A),”;

(b) in sub-paragraph (c), omit “, or, in the case of a postgraduate pre-registration course, of at least two academic years’ duration”.

(3) After paragraph (2), omit paragraph (2A).

Amendment of regulation 12

8.—(1) Regulation 12(10) (previous course) is amended as follows.

(2) In paragraph (4A)—

(a) in the opening words, after “is not”, omit “to be”;

(b) for sub-paragraph (b), substitute—

“(b) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and”;

(c) in sub-paragraph (c), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.

(3) Omit paragraph (4B).

(4) In paragraph (12), after “is only”, omit “to be”.

Amendment of regulation 13

9.—(1) Regulation 13(11) (miscellaneous) is amended as follows.

(2) In paragraph (2A)—

(a) for sub-paragraph (b), substitute—

“(b) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree, or a diploma; and”;

(b) in sub-paragraph (c), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.

(3) Omit paragraph (2B).

Amendment of regulation 69

10.—(1) Regulation 69(12) (qualifying conditions for the loan for living costs – current system students) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (e)—

(i) for paragraph (ii), substitute—

“(ii) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and”;

(ii) in paragraph (iii), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”;

(b) omit sub-paragraph (f).

Amendment of regulation 81

11.  In regulation 81(13) (long courses loan), omit paragraph (7).

Amendment of regulation 137

12.  In regulation 137(14) (eligible part-time students), omit paragraph (3A).

Amendment of regulation 139

13.  In regulation 139(15) (designated part-time courses), omit paragraph (5A).

Amendment of regulation 144

14.—(1) Regulation 144(16) (fee support for designated part-time courses beginning on or after 1st September 2012) is amended as follows.

(2) In paragraph (7B)—

(a) in sub-paragraph (a), for paragraph (ii) substitute—

“(ii) leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, an ordinary degree, honours degree or a diploma; and”;

(b) in sub-paragraph (b), omit “or, in the case of a course in a dental profession subject, begins on or after 1st August 2018”.

Amendment of regulation 161

15.  In regulation 161(17) (designated postgraduate courses), omit paragraph (3A).

Amendment of Schedule 2

16.  In Schedule 2(18) (designated courses), omit paragraph 9.

Sam Gyimah

Minister of State

Department for Education

At 3.00 p.m. on 27th March 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Education (Student Support) (Amendment) Regulations 2018 (S.I. 2018/136) and amend the Education (Student Support) Regulations 2011 (S.I. 2011/1986), in order to return the latter regulations to the state they were in before the former regulations were made. In doing so, regulation 3 of these Regulations includes a saving provision for persons who have already made an application for support in respect of a dental profession subject or postgraduate pre-registration course, and whose applications have been received by the Secretary of State by the time these Regulations come into force. The Department will lay new regulations to replace the revoked the Education (Student Support) (Amendment) Regulations 2018.

(1)

1998 c. 30. Section 22 was amended by: section 146(2) of, and Schedule 11 to, the Learning and Skills Act 2000 (c. 21); paragraph 236 of Part 2 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1); section 147(3) of the Finance Act 2003 (c. 14); sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c. 8); section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22); section 76(1) and (2)(a) of the Education Act 2011 (c. 21); and S.I. 2013/1881. Section 22 is also amended by section 86(2) to (7) of the Higher Education and Research Act 2017 (c. 29) but those amendments are not yet in force. Section 43(1) defines “prescribed” and “regulations”.

(2)

This register can be found at http://www.hpc-uk.org/check/.

(3)

This register can be found at https://www.nmc.org.uk/registration/search-the-register/.

(4)

S.I. 2018/136.

(5)

S.I. 2011/1986, amended by S.I. 2012/1653, 2013/235, 2013/630, 2013/1728, 2013/3106, 2014/1766, 2014/2103, 2014/2765, 2015/1951, 2016/211, 2016/270, 2016/584, 2017/52, 2017/114, 2017/204, S.I. 2018/136 and S.I. 2018/137. S.I. 2018/136 enabled eligible students to access student loans in relation to postgraduate pre-registration courses and dental profession subjects.

(6)

The definition of “allied health profession subject” was inserted by S.I. 2017/114.

(7)

The definition of “pre-registration course” was inserted by S.I. 2017/114.

(8)

Regulation 4 was amended by S.I. 2015/1951, 2017/114, 2018/136 and 2018/137.

(9)

Regulation 5 was amended by S.I. 2013/1728, 2013/3106, 2014/2765, 2015/1951, 2017/114, 2018/136 and 2018/137.

(10)

Regulation 12 was amended by S.I. 2014/2765, 2017/114, 2018/136 and 2018/137.

(11)

Regulation 13 was amended by S.I. 2012/1653, 2014/2765, 2017/114, 2018/136 and 2018/137.

(12)

Regulation 69 was amended by S.I. 2013/1728, 2014/2765, 2015/1951, 2016/270, 2018/136 and 2017/114.

(13)

Regulation 81 was amended by S.I. 2015/1951, 2017/114, 2018/136 and 2018/137.

(14)

Regulation 137 was amended by S.I. 2015/1951, 2017/114, 2018/136 and 2018/137.

(15)

Regulation 139 was amended by S.I. 2013/1728, 2013/3106, 2014/2765, 2018/136 and 2018/137.

(16)

Regulation 144 was amended by S.I. 2012/1653, 2014/2765, 2017/114 and 2018/136.

(17)

Regulation 161 was amended by S.I. 2013/1728, 2013/3106, 2014/2765 and 2018/136.

(18)

Schedule 2 was amended by S.I. 2013/1728 and 2018/136.