PART 2Amendment of the Education (Student Loans) (Repayment) Regulations 2009
Amendment of Part 1 (general)
Amendments to regulation 3 (interpretation)I15
1
In regulation 3(1)—
a
b
for the definition of “the Authority” substitute—
“the Authority” means—
- a
in relation to a plan 1, 2 or 3 loan and subject to regulation 7—
- i
the Welsh Ministers in the case of a loan made or deemed made by them, or
- ii
the Secretary of State in any other case;
- b
in relation to a plan 4 loan—
- i
the Scottish Ministers, or
- ii
a person exercising functions in accordance with arrangements made under section 73A(3) of the Education (Scotland) Act 1980;
- c
in relation to a plan 5 loan and subject to regulation 7, the Secretary of State;
c
for the definition of “borrower” substitute—
“borrower” means a person—
- a
in respect of whom a student loan has been paid, and
- b
who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;
d
after the definition of “borrower” insert—
“country” includes territory;
“country-specific multiplier” means the country-specific multiplier calculated in accordance with regulation 8A;
e
after the definition of “eligible borrower” (which is omitted by sub-paragraph (q)) insert—
“eligible course” means any of the following—
- a
a course for the Certificate of Higher Education;
- b
a course for the Diploma of Higher Education;
- c
a course for the Higher National Certificate or Higher National Diploma of—
- i
the Business and Technician Education Council, or
- ii
the Scottish Qualifications Authority;
- d
a foundation degree course;
- e
an ordinary degree course;
f
in the definition of “loan purchaser”, for “one or more student loans or postgraduate degree loans made pursuant to Regulations made under section 22 of the 1998 Act” substitute “a plan 1 loan”
;
g
after the definition of “part-time” (which is omitted by sub-paragraph (q)) insert—
“plan 1 loan” has the meaning given in regulation 3A;
“plan 2 loan” has the meaning given in regulation 3B;
“plan 3 loan” has the meaning given in regulation 3C;
“plan 4 loan” has the meaning given in regulation 3D;
“plan 5 loan” has the meaning given in regulation 3E;
h
after the definition of “postgraduate degree loan borrower” (which is omitted by sub-paragraph (q)) insert—
“principal” has the meaning given in regulation 4(3);
i
for the definition of “repayment” substitute—
“repayment” has the meaning given in regulation 4(2);
j
for the definition of “repayment threshold” substitute—
“repayment threshold” means the repayment threshold set out in, or calculated in accordance with, Schedule 1A;
k
after the definition of “repayment threshold” insert—
“repayment threshold variable” means the repayment threshold variable calculated in accordance with regulation 8B;
l
after the definition of “repayment threshold year” insert—
“residence” has the same meaning as in the Taxes Acts (whether in relation to the United Kingdom or any other country);
“retail price index” means the RPI All Items Index published by the Office for National Statistics7;
m
after the definition of “Secretary of State” insert—
“standard interest rate” means, in relation to a loan, the greater of—
- a
zero, or
- b
the percentage increase in the retail price index between the two Marches immediately before the commencement of the academic year in which the loan bears interest8;
n
for the definition of “student loan” substitute—
“student loan” means any of the following—
- a
a plan 1 loan;
- b
a plan 2 loan;
- c
a plan 3 loan;
- d
a plan 4 loan;
- e
a plan 5 loan;
o
after the definition of “Teachers’ Regulations” (which is omitted by sub-paragraph (q)) insert—
“transfer arrangements” means—
- a
transfer arrangements made under section 1(1) or 9(1) of the Sale of Student Loans Act 2008, and
- b
further transfer arrangements made under section 3(1) of that Act (if any);
p
for the definition of “transferred loan” substitute—
“transferred loan” means a plan 1 loan in respect of which transfer arrangements are made;
q
omit the definitions of the following expressions—
“the 1988 Act”;
“the 2005 Act”;
“the 2007 Act”
“the 2008 Act”;
“the 2011 Welsh Regulations”;
“the 2016 Master’s Degree Regulations”;
“the 2017 Master’s Degree Wales Regulations”;
“the 2018 Doctoral Degree Regulations”;
“the 2018 Doctoral Degree Wales Regulations”;
“Access to HE Diploma”;
“designated course”;
“eligible borrower”;
“eligible employment”;
“eligible teacher”;
“overseas provisions”;
“part-time”;
“post-2012 student loan”;
“postgraduate degree loan”;
“postgraduate degree loan borrower”;
“relevant percentage difference in average earnings”;
“Scottish student loan”;
“student loan borrower”;
“tax year 2009–10”;
“Teachers’ Regulations”.
2
Omit regulation 3(2).