2018 No. 434

Education, England

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

Made

Laid before Parliament

Coming into force

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 19981:

Citation, commencement and interpretation1

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 Council2, for allied health profession subjects other than dental profession subjects; or

ii

the Nursing and Midwifery Council3, for midwifery or nursing.

Revocation of the Education (Student Support) (Amendment) Regulations 20182

Subject to regulation 3, the Education (Student Support) (Amendment) Regulations 20184 are revoked.

Saving provision3

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 20115 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 20114

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

Amendment of regulation 25

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 46

In regulation 48 (eligible students), omit paragraphs (6A) to (6E) and (7A).

Amendment of regulation 57

1

Regulation 59 (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 128

1

Regulation 1210 (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 139

1

Regulation 1311 (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 6910

1

Regulation 6912 (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 8111

In regulation 8113 (long courses loan), omit paragraph (7).

Amendment of regulation 13712

In regulation 13714 (eligible part-time students), omit paragraph (3A).

Amendment of regulation 13913

In regulation 13915 (designated part-time courses), omit paragraph (5A).

Amendment of regulation 14414

1

Regulation 14416 (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 16115

In regulation 16117 (designated postgraduate courses), omit paragraph (3A).

Amendment of Schedule 216

In Schedule 218 (designated courses), omit paragraph 9.

Sam GyimahMinister of StateDepartment for Education
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.