2018 No. 307
Education

The Education (Student Loans) (Miscellaneous Amendments) (Scotland) Regulations 2018

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 73(f), 73B and 74(1) of the Education (Scotland) Act 19801 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Education (Student Loans) (Miscellaneous Amendments) (Scotland) Regulations 2018 and come into force on 4th December 2018.

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

In the Repayment of Student Loans (Scotland) Regulations 20002, regulation 8 (cancellation)3 is amended as follows—

(a)

in paragraph (4)(c), for “35th” substitute “30th”; and

(b)

in paragraph (4)(d), for “the borrower reaches the age of 65” substitute—

“the earlier of—

(i)

the borrower’s 65th birthday; or

(ii)

the 30th anniversary of the date on which the borrower became liable to repay the student loan.”.

Amendment of the Education (Student Loans) (Scotland) Regulations 20073.

In regulation 3(2)(d) (eligible students) of the Education (Student Loans) (Scotland) Regulations 20074—

(a)

at the end of head (ii), omit “or”; and

(b)

after head (iii) (eligible students) insert—

“or

(iv)

any grant made by the Scottish Ministers under section 42 (grants in respect of activities relating to school education) of the Standards in Scotland’s Schools etc. Act 20005 under the Educational Psychologist Training Grant, Scotland;”.
RICHARD LOCHHEAD
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Repayment of Student Loans (Scotland) Regulations 2000 (“the Repayment Regulations”) and the Education (Student Loans) (Scotland) Regulations 2007 (“the Loans Regulations”).

Regulation 2(a) amends regulation 8(4)(c) of the Repayment Regulations to reduce the maximum loan repayment period for post 2007 student loans from 35 to 30 years. Liability for post 2007 student loans which are still outstanding after 30 years will be cancelled. Post 2007 student loan is defined in regulation 8(2) of the Repayment Regulations.

Regulation 2(b) amends regulation 8(4)(d) of the Repayment Regulations in relation to loans which are not post 2007 student loans to amend the maximum repayment period so that the borrower’s liability to repay the loan will be cancelled on the earlier of either the borrower’s 65th birthday or the 30th anniversary of the date on which the borrower became liable to repay the student loan.

Regulation 3 amends regulation 3(2)(d) of the Loans Regulations in relation to the eligibility conditions for student loans so that a person who is eligible to receive a grant from the Scottish Ministers under the Educational Psychologist Training Grant, Scotland will not be eligible to receive a student loan.