The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2017.

(2) This regulation and regulations 2, 11, 12(b)(i), 15(a), 15(b)(i), 18(b), 24, 25, 28, 29, 30, 31, 32 and 37(b) come into force on 3rd March 2017.

(3) Subject to paragraphs (4) and (5), all other provisions of these Regulations—

(a) come into force on 3rd March 2017; and

(b) apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st August 2017 whether anything done under these Regulations is done before, on or after 1st August 2017.

(4) Regulation 3(c) does not apply in relation to a person who—

(a) has transferred to the current course from a course beginning before 1st September 2012 pursuant to regulation 7 of the Education (Student Support) Regulations 2011(1) from a course that is not a distance learning course; or

(b) begins an Erasmus year before 1st August 2017.

(5) Regulations 33 to 37(a) do not apply in relation to an applicant—

(a) who—

(i) before the date on which these Regulations come into force has been determined by the Secretary of State to be an eligible student falling within paragraph 10 of Part 2 of Schedule 1 to the Education (Student Support) (European University Institute) Regulations 2010(2); and

(ii) on or after that date makes an application for support under the Education (Student Support) (European University Institute) Regulations 2010 on the basis of that determination in relation to an academic year which begins on or after 1st August 2017; or

(b) who would have fallen to be determined as eligible within paragraph 10 of Part 2 of Schedule 1 to the Education (Student Support) (European University Institute) Regulations 2010 had they made an application for support before the coming into force of these Regulations in relation to an academic year beginning before 1st August 2017.

(6) In these Regulations—

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“current course” means the designated course in respect of which a person is applying for support;

“distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration or enrolment or any examination;

(b)

on a weekend or during any vacation; or

(c)

on an occasional basis during the week.

(1)

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 and 2016/584.

(2)

S.I. 2010/447, amended by S.I. 2011/83, 2011/2430, 2012/3059, 2013/630, 2013/1728 and 2016/211.