The Education (Mandatory Awards) Regulations 1998

Definitions

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

• “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;

• “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;

• “degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;

• “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;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

• “EEA migrant worker” has the meaning assigned to it in regulation 5;

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

• “European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, and the Principality of Liechtenstein;

• “European student” means a person who is a national of a member state of the European Community or the child of such a national who has not been ordinarily resident in the British Islands as described in regulation 13(1)(a) and (b) or who is not settled in the United Kingdom as described in regulation 13(1)(c);

• “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 Austria, Belgium, France (excluding Départements-d'Outre Mer), the Federal Republic of Germany, Hong Kong, Iceland, Israel, the Republic of Korea, Luxembourg, the Netherlands and countries of the former Soviet Union;

• “high-cost country” means Australia, Canada, Greece, Indonesia, the Republic of Ireland, Italy, New Zealand, Spain and the United States of America;

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

• “institution” means an educational institution in the United Kingdom providing further or higher education or both, or providing a course which qualifies for funding under Part I of the Education Act 1994(3);

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

• “old award” means an award bestowed in respect of a person’s attendance at a designated course the first year of which begins before 1st September 1998, or begins on or after that date and before 1st September 1999 if the person meets the conditions referred to in regulation 6(8);

• “overseas institution” means an educational institution … outside the United Kingdom providing further or higher education or both;

• “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 recognized 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(4) as extended by the Protocol thereto which entered into force on 4th October 1967(5) 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;

• “statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course 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;

• “transitional award” means an award other than an old award;

• “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 or the final year of a designated course shall be construed accordingly.

(1)

Cmnd. 2073.

(2)

Cmnd. 2183.

(3)

1994 c. 30.

(4)

Cmnd. 9171.

(5)

Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Student Support Division, Room 1A10, the Department for Education and Employment, Sanctuary Buildings, Great Smith Street, London SW1P 3BT).