The Education (Mandatory Awards) Regulations 1991

Definitions

2.  In these Regulations, unless the context otherwise requires–

“academic authority” means, in relation to an establishment, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;

“authority” means a local education authority;

“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations;

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;

“Certificate in Education” includes a Teacher’s Certificate;

“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by Regulation 4;

“dependent” means wholly or mainly financially dependent;

“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;

“European student” means a person who is a national of a member state of the European Community or the child of such a national and has been ordinarily resident within the relevant territory (excluding the British Islands) throughout the period of three years before the commencement of his course, but who is not entitled to a full award by virtue of Regulation 7;

“establishment” means a university or establishment of higher education in the United Kingdom, and “establishment of further education” excludes a university but includes an establishment which also provides higher education;

“European Community” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;

“fees only award” means an award bestowed only in respect of fees described in Schedule 1;

“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;

“highest-cost country” means Denmark, Finland, Japan, Norway, Sweden, Switzerland and Taiwan;

“higher-cost country” means Australia, Austria, Belgium, Iceland, the Republic of Ireland, France, the Federal Republic of Germany, the Netherlands and the Republic of Korea;

“high-cost country” means Canada, Hong Kong, Indonesia, Italy, Luxembourg, New Zealand, the USSR and the United States of America;

“independent student” has the meaning assigned to it by Regulation 3;

“maintenance grant” has the meaning assigned to it by Regulation 17;

“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;

“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;

“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(1) as extended by the Protocol thereto which entered into force on 4th October 1967(2) or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised, and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;

“relevant territory” means the territory comprising the European Community and, as respects any period prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;

“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award or grant which is paid out of moneys provided by Parliament;

“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;

“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;

“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first year of a designated course shall be construed accordingly.

(1)

Cmnd. 9171.

(2)

Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Further and Higher Education Branch 3, Room 8/1, the Department of Education and Science, Elizabeth House, York Road, London SE1 7PH.