The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2000

Statutory Instruments

2000 No. 838

EDUCATION, ENGLAND

The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2000

Made

21st March 2000

Laid before Parliament

22nd March 2000

Coming into force

17th April 2000

In exercise of the powers conferred on the Secretary of State by sections 518 and 569(4) of the Education Act 1996(1) the Secretary of State for Education and Employment hereby makes the following Regulations:

1.  These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2000 and shall come into force on 17th April 2000.

2.  Regulation 8 of the Education Maintenance Allowance (Pilot Areas) Regulations 1999(2) shall be amended as follows–

(a) in paragraph (1) for “paragraphs (2) and (3)” there shall be substituted “ paragraphs (1A) to (3)”;

(b) after paragraph (1) there shall be inserted the following paragraphs–

“(1A) A weekly allowance shall only be paid in respect of a week any weekday of which falls outside the term of the institution which the student attends if the student has during that week spent at least 12 hours in connection with the course which he is pursuing–

(a) receiving instruction or tuition,

(b) undertaking supervised study or practical work, or

(c) taking part in any exercise, experiment or project for which provision is made in the curriculum of the course which the student is pursuing,

and for the purpose of this paragraph no account shall be taken of time occupied by meal breaks or time spent on unsupervised study whether undertaken on or off the premises of the institution.

(1B) In paragraph (1A) above “weekday” means any day other than a Saturday or Sunday.”;

(c) paragraph (2)(a) shall be omitted;

(d) in paragraph (2)(b) for “learning agreement” substitute “education maintenance allowance learning agreement”; and

(e) in paragraph (4)

(i) after “otherwise than at an institution” there shall be inserted “ paragraphs (1A) and (1B) shall not apply and”; and

(ii) sub-paragraph (a) shall be omitted.

Tessa Blackstone

Minister of State,

Department for Education and Employment

21st March 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 8 of the Education Maintenance Allowance (Pilot Areas) Regulations 1999.

Apart from correcting a drafting error the regulations change the provisions which apply for payment of a weekly allowance where a week falls partly outside the term of an institution. Under such circumstances a weekly allowance may be paid if the student has undertaken at least 12 guided learning hours in that week.

(1)

1996 c. 56; section 518 was substituted by section 129 of the School Standards and Framework Act 1998 (c. 31). By virtue of S.I. 1999/672 the powers conferred by this section are exercisable by the Secretary of State only in relation to England.

(2)

S.I. 1999/2168.