In these Regulations—

• “the 1962 Act” means the Education Act 19623;

• “the 1998 Act” means the Teaching and Higher Education Act 1998;

• “the 1998 Regulations” means the Education (Student Support) Regulations 19984;

• “the 1999 Regulations” means the Education (Student Support) Regulations 19995;

• “the 2000 Regulations” means the Education (Student Support) Regulations 20006;

• “the 2001 Regulations” means the Education (Student Support) Regulations 20017;

• “the 2002 Regulations” means the Education (Student Support) Regulations 20028;

• “the 2003 Regulations” means the Education (Student Support) (No. 2) Regulations 20029 as amended only by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200310 and the Education (Student Fees and Support) (Switzerland) Regulations 200311;

• “the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200412, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 200413, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 200414, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 200415, the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 200516, the Education (Student Support) (Amendment) Regulations 200517 and the Education (Student Support) (Amendment) (No. 2) Regulations 200518;

• “the 2005 Regulations” means the Education (Student Support) Regulations 200519;

• “the 2006 Regulations” means the Education (Student Support) Regulations 200620;

• “the 2007 Regulations” means the Education (Student Support) Regulations 200721;

• “the 2008 Regulations” means the Education (Student Support) Regulations 200822;

• “2008 cohort student” means a current system student who begins the current course on or after 1st September 2008 and to whom one of the following sub-paragraphs applies—

  1. a

     the student has not previously undertaken any course which began before 1st September 2008 and which —

     1. i

        was designated for the purposes of section 22 of the 1998 Act, where the current course began before 1st September 2009; or

     2. ii

        is a previous course, where the current course begins on or after 1st September 2009;

  2. b

     the student is a type 1 or a type 2 teacher training student;

  3. c

     the course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect; or

  4. d

     where the course began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;

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

• “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

• “Academy” means an Academy established by an agreement under section 482 of the Education Act 199623;

• “accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration;

• “borrower” means a person to whom a loan has been made;

• “bursary year” means an academic year of a course—

  1. a

     in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to that student’s income; or

  2. b

     in relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to that student’s income;

• “college fee loan” means a loan for college fees payable to a qualifying student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

• “compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course;

• “compressed degree student” means an eligible student who—

  1. a

     is undertaking a compressed degree course in the United Kingdom (the “course”);

  2. b

     either—

     1. i

        began the course on or after 1st September 2006 and is continuing on that course after 31st August 2009; or

     2. ii

        begins the course on or after 1st September 2009; and

  3. c

     either—

     1. i

        is required to be in attendance on the course for part of the academic year for which the student is applying for support; or

     2. ii

        is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student’s disability;

• “contribution” means an eligible student’s contribution calculated pursuant to regulation 95 and Schedule 4;

• “course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

• “current course” means the designated course in respect of which a person is applying for support;

• “current distance learning course” means the designated distance learning course in respect of which a person is applying for support;

• “current part-time course” means the designated part-time course in respect of which a person is applying for support;

• “current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;

• “current system student” means an eligible student who—

  1. a

     is not an old system student; and

  2. b

     either—

     1. i

        began the current course on or after 1st September 2006 and is continuing on that course after 31st August 2009; or

     2. ii

        begins the current course on or after 1st September 2009;

• “designated course” means a course designated by regulation 6 or by the Secretary of State under regulation 6;

• “designated distance learning course” means a course designated by the Secretary of State under regulation 117;

• “designated part-time course” means a course designated by regulation 134 or by the Secretary of State under regulation 134;

• “designated postgraduate course” means a course designated by regulation 151 or by the Secretary of State under regulation 151;

• “disabled distance learning students’ allowance” means the grant payable under regulation 122;

• “disabled part-time students’ allowance” means the grant payable under regulation 140;

• “disabled students’ allowance” means the grant payable under regulation 40;

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 200424 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “EC national” means a national of a Member State of the European Community;

• “electronic signature” is so much of anything in electronic form as—

  1. a

     is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

  2. b

     purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

• “eligible distance learning student” has the meaning given in regulation 115;

• “eligible part-time student” has the meaning given in regulation 132;

• “eligible postgraduate student” has the meaning given in regulation 149;

• “eligible student” has the meaning given in paragraph (3);

• “employment-based teacher training scheme” means—

  1. a

     a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; or

  2. b

     a scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

• “end-on course” means—

  1. a

     a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;

  2. b

     a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;

  3. c

     a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

  4. d

     a full-time first degree course beginning on or after 1st September 2009, (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins after ceasing to attend a lower level full-time or part-time higher education course, or undertake a compressed degree course or a designated distance learning course.

• “equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

• “Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS 25 and where the student’s course is a course referred to in regulation 6 (1) (e) and all the periods of study during the academic year are at an institution outside the United Kingdom;

• “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

• “fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

• “fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

• “fees” has the meaning given in section 41(1) of the Higher Education Act 200426 except in references to college fees;

• “fee support” means a grant for fees pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, a fee contribution loan or a fee loan;

• “flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools27;

• “former Metropolitan Police District” means—

  1. a

     Greater London, excluding the City of London, the Inner Temple and the Middle Temple;

  2. b

     in the county of Essex, in the district of Epping Forest—

     • the area of the former urban district of Chigwell,

     • the parish of Waltham Abbey;

  3. c

     in the county of Hertfordshire—

     • in the borough of Broxbourne, the area of the former urban district of Cheshunt,

     • the district of Hertsmere,

     • in the district of Welwyn Hatfield, the parish of Northaw; and

  4. d

     in the county of Surrey—

     • in the borough of Elmbridge, the area of the former urban district of Esher,

     • the boroughs of Epsom and Ewell and Spelthorne,

     • in the district of Reigate and Banstead, the area of the former urban district of Banstead;

• “gap year student” has the meaning given in paragraph (6);

• “grant for living and other costs” means a grant payable under Part 5;

• “healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 196828 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 197229;

• “higher education course” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

• “household income” has the meaning given in Schedule 4;

• “information” includes documents;

• “Institute” means the University of London Institute in Paris;

• “intensive course” means an accelerated course or a compressed degree course;

• “Islands” means the Channel Islands and the Isle of Man;

• “loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

• “loan for living costs” means a loan for living costs pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

• “long courses loan” means a long courses loan pursuant to regulation 73;

• “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “old award” is an award within the meaning of the Education (Mandatory Awards) Regulations 200330;

• “old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;

• “old system student” means an eligible student who—

  1. a

     began the current course before 1st September 2006 and is continuing on that course after 31st August 2009;

  2. b

     is a gap year student in relation to the current course;

  3. c

     began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—

     1. i

        a course that the student began before 1st September 2006; or

     2. ii

        a course that the student began before 1st September 2007 and in relation to which the student was a gap year student; or

  4. d

     began the current course on or after 1st September 2006 having had their status as an eligible student transferred to that course as a result of one or more transfers of that status by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act from a designated course in connection with which the Secretary of State determined the student to be an eligible student and which the student began—

     1. i

        before 1st September 2006; or

     2. ii

        before 1st September 2007 and in relation to which the student was a gap year student;

• “ordinary duration” means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;

• “period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 118 in relation to an eligible distance learning student, in regulation 135 in relation to an eligible part-time student and in regulation 152 in relation to an eligible postgraduate student;

• “periods of work experience” means—

  1. a

     periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;

  2. b

     periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s course (provided that the period of residence in that country is a requirement of that student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

• “person with leave to enter or remain” means a person—

  1. a

     who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;

  2. b

     who has been granted leave to enter or remain accordingly;

  3. c

     whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 200231); and

  4. d

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted leave to enter or remain;

• “preliminary course” means a course mentioned in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

• “previous course” has the meaning given in regulation 13;

• “private institution” means an institution which is not publicly funded;

• “public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

• “publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

• “qualified teacher” has the meaning given in section 132(1) of the Education Act 200232;

• “qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

  1. a

     leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

  2. b

     where it began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or

  3. c

     any academic year of which is a bursary year;

• “qualifying student” means a person who satisfies the criteria in regulation 84;

• “qualifying year of study” means an academic year of a designated course—

  1. a

     in respect of which the student qualified for fee support (even if the amount was nil);

  2. b

     that was a bursary year; or

  3. c

     in respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;

• “quarter” in relation to an academic year means a period in that year—

  1. a

     beginning on 1st January and ending on 31st March;

  2. b

     beginning on 1st April and ending on 30th June;

  3. c

     beginning on 1st July and ending on 31st August; or

  4. d

     beginning on 1st September and ending on 31st December;

• “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 195133 as extended by the Protocol thereto which entered into force on 4th October 196734;

• “Research Council” means any of the following research councils—

  1. a

     Arts and Humanities Research Council,

  2. b

     Biotechnology and Biological Sciences Research Council,

  3. c

     Economic and Social Research Council,

  4. d

     Engineering and Physical Sciences Research Council,

  5. e

     Medical Research Council,

  6. f

     Natural Environment Research Council,

  7. g

     Particle Physics and Astronomy Research Council;

• “right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

• “sandwich course” has the meaning given in paragraph (10);

• “Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 198035 granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

• “specified designated course” has the meaning given in paragraph (11);

• “standard academic year”, unless otherwise indicated, means an academic year of a designated course (other than an academic year that is a bursary year or an Erasmus year) that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student;

• “standard student” is a student who is to be taken—

  1. a

     to have begun the designated course on the same date as the eligible student in question;

  2. b

     not to be excused any part of the course;

  3. c

     not to repeat any part of the course; and

  4. d

     not to be absent from the course other than during vacations;

• “statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

• “student loans legislation” means the Education (Student Loans) Act 199036, the Education (Student Loans) (Northern Ireland) Order 199037, the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 199838 and regulations made under that Order or the 1998 Act and regulations made under that Act;

• “support” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

• “transitional award” means an award made under the Education (Mandatory Awards) Regulations 199839 other than an old award;

• “Turkish worker” means a Turkish national who—

  1. a

     is ordinarily resident in the United Kingdom and Islands; and

  2. b

     is, or has been, lawfully employed in the United Kingdom;

• “type 1 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;

• “type 2 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate 10 weeks or more; and

• “type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;

Subject to paragraph (4), “eligible student” has the meaning given in regulation 5.

For the purposes of the college fee loan, references to an eligible student in regulations 7, 8, 9 and 94 and Schedule 3 include a person treated as an eligible student by virtue of regulation 85.

In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if the person meets the conditions in paragraph (7) or (9).

In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).

Where the student’s status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Secretary of State from a course (the “initial course”) in connection with which the Secretary of State determined the student to be an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, the specified designated course is the initial course.

Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.