1998 No. 162

EDUCATION, ENGLAND AND WALES

The Education (Mandatory Awards) (Amendment) Regulations 1998

Made

Laid before Parliament

Coming into force

In exercise of the powers conferred by sections 1 and 4(2) of the Education Act 19621, the Secretary of State for Education and Employment hereby makes the following Regulations:

1

These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1998 and shall come into force on 18th February 1998.

2

In regulation 23(2)(a) of the Education (Mandatory Awards) Regulations 19972, there shall be inserted after “his course”:

or by way of a loan towards his fees or maintenance, which is made or subsidised under the legislation of another member state of the European Community

Kim HowellsParliamentary Under-Secretary of State,Department for Education and Employment

(This note is not part of the Regulations)

These Regulations amend regulation 23(2)(a) of the Education (Mandatory Awards) Regulations 1997.

Regulation 23 makes provision to the effect that a local education authority is not required to make a payment under regulation 17 of the Regulations in respect of any year in respect of which the student concerned is an assisted student.

Assisted students are those whose total requirements in respect of fees and maintenance as defined are equal to or exceeded by the total of certain payments he receives. Those payments include (in regulation 23(2)(a)) payments in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on the student in respect of the course, but exclude any loan under the Education (Student Loans) Act 1990 (c. 6) as amended, and any “Career Development Loan” made in pursuance of section 2 of the Employment and Training Act 1973 (c. 50), as amended.

In order to avoid discrimination against any European student who may receive a loan under the legislation of another member state of the European Community, these Regulations provide that such loans are similarly to be excluded from consideration when deciding whether a student is an assisted student.