2006 No. 326

EDUCATION

The Education (Student Loans for Tuition Fees) (Repayment and Allowances) (Scotland) Amendment Regulations 2006

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 73(f), 73B and 74(1) of the Education (Scotland) Act 19801and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Education (Student Loans for Tuition Fees) (Repayment and Allowances) (Scotland) Amendment Regulations 2006 and shall come into force on 1st July 2006.

Amendment of the Repayment of Student Loans (Scotland) Regulations 20002

The Repayment of Student Loans (Scotland) Regulations 20002shall be amended as follows–

a

in regulation 6(a) (application of payment received), after “the Graduate Endowment (Scotland) Regulations 2001” insert “, regulation 11 of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20063”; and

b

in regulation 7 (time for repayments)–

i

in paragraph (2)(a) omit “and”; and

ii

after paragraph 2 (b) insert–

  • ; and

    1. a

      such part of their student loan as relates to a particular notification of eligibility under the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20064until the year of assessment beginning after the date on which that eligibility terminates under regulation 7 of those Regulations.

Amendment of the Students' Allowances (Scotland) Regulations 19993

In regulation 3 (persons eligible for allowances) of the Students' Allowances (Scotland) Regulations 19995–

a

in paragraph (1) for “The Secretary of State” substitute “Subject to paragraph (3), the Scottish Ministers”; and

b

after paragraph (2) insert–

3

Students who are eligible for a loan under the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20066and are undertaking a course provided by an educational institution or institutions in the United Kingdom but outside Scotland are not eligible for an allowance in respect of tuition fees under these Regulations.

NICOL STEPHENA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

This note is not part of the Regulations

These Regulations make amendments to two instruments, the Repayment of Student Loans (Scotland) Regulations 2000 (the repayment Regulations) and the Students' Allowances (Scotland) Regulations 1999 (the allowances Regulations). These changes are required as a result of the provision of new student loans for tuition fees charged by institutions in the UK, but outside Scotland, under the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006. These loans (“RUK tuition fee loans”) are provided to pay for tuition fees charged by institutions in the rest of the UK.

The repayment Regulations govern the repayment of all student loans made under section 73 of the Education (Scotland) Act, which includes RUK tuition fee loans. The amendments detailed in regulation 2(a) ensure that repayments by students who have received an RUK tuition fee loan will be applied firstly to outstanding interest due under the 2006 Regulations. The amendment in regulation 2(b) ensures that RUK tuition fee loans do not become payable until the year after the year in which the student’s eligibility for that loan terminates.

The amendment of the allowances Regulations in regulation 3 ensures that students are not able to claim tuition fee support twice, both under the 2006 Regulations and additionally under the allowances regulations.