The Education (Mandatory Awards) Regulations 1998

Revocations and transitional provisions

6.—(1) The Education (Mandatory Awards) Regulations 1997(1), The Education (Mandatory Awards) (Amendment) Regulations 1997(2) and the Education (Mandatory Awards) (Amendment) Regulations 1998(3) are hereby revoked.

(2) Without prejudice to section 17(2)(b) of the Interpretation Act 1978(4) and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.

(3) Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 1998 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1998 shall be the aggregate of—

(a) two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1997 had they not been revoked, and

(b) one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1998 under these Regulations had the academic year of his course begun in the autumn of 1998.

(4) in the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1998 then, notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of—

(a) three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1997 had they not been revoked, and

(b) one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1998 under these Regulations had the academic year of the course begun in the autumn of 1998.

(5) Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the students’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.

(6) Where an award has been bestowed pursuant to previous Awards Regulations—

(a) before 1st September 1995 in respect of a person’s attendance at a course referred to in regulation 25(3) of the Education (Mandatory Awards) (No. 2) Regulations 1993(5) (“the 1993 regulation”), or

(b) on or after 1st September 1995 but before 1st September 1996 in respect of a person’s attendance at a course referred to in regulation 25(3) of the Education (Mandatory Awards) Regulations 1994 (“the 1994 regulation”)

regulation 25(3) of these Regulations shall have effect in relation to that course as if for the subjects referred to therein there were substituted the subjects referred to in the 1993 regulation or the 1994 regulation respectively.

(7) Where—

(a) an award was bestowed on a person pursuant to previous Awards Regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997, and

(b) the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course

an authority shall not be excepted from the duty to bestow an award in respect of the person’s attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in regulation 13(1)(c).

(8) Where an award is bestowed on a person in respect of his attendance at a course the first year of which begins on or after 1st September 1998 and before 1st September 1999 the award shall be treated as an old award if—

(a) the person had on or before 1st August 1997 received an offer of a place on that course, or on a similar designated course which is no longer offered, in either case for that year, and whether conditional on obtaining specified qualifications or not; or

(b) the person had received an offer of a place on a designated course for a year which begins before 1st September 1998, and—

(i) he was not able to take up the offer because a specified qualification or grade was not awarded to him,

(ii) he appealed against the decision not to award the qualification or grade to him,

(iii) the appeal was allowed after the last date when he could have taken up the offer, and

(iv) as a result he was offered a place on the course for a year which begins on or after 1st September 1998 and before 1st September 1999;

(c) the course is a first degree course designated under regulation 10(1)(a), and—

(i) he begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and

(ii) an award was bestowed on him pursuant to previous Awards Regulations in respect of his attendance at the DipHE or HND course during an academic year beginning before 1st September 1998; or

(d) the course is a postgraduate course for the initial training of teachers, and—

(i) he begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and

(ii) an award was bestowed on him pursuant to previous Awards Regulations in respect of his attendance at the first degree course during an academic year beginning before 1st September 1998.

(9) For the purposes of paragraph (8)(a) a course is similar to another course, whether or not it is at the same institution, if—

(a) it leads to a degree or other qualification which is the same as the degree or other qualification which the other course leads to, and

(b) the authority are satisfied that the subject matter of the course is for the most part the same as the subject matter of the other course.

(1)

S.I. 1997/431.

(2)

S.I. 1997/1693.

(3)

S.I. 1998/162.

(4)

1978 c. 30.

(5)

S.I. 1993/2914.