1. These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1994, and shall come into force on 8th July 1994.

2. The Education (Mandatory Awards) Regulations 1993(2) ("the 1993 Regulations") and the Education (Mandatory Awards)(No 2) Regulations 1993(3) ("the 1993 No 2 Regulations" are amended as follows.

3. In regulation 9(1)(a) of the 1993 No 2 Regulations the words "as extended" are substituted for the words "as given effect".

4. In regulation 23(2)(a) of both the 1993 Regulations and the 1993 No 2 Regulations the bracket following "1962" is deleted and a bracket is inserted after the words "attends his course".

5. In regulation 26(4)(b) of both the 1993 Regulations and the 1993 No 2 Regulations the words "any amount" are substituted for the words "the balance of any payments" and the words "for a year" are inserted after the word "payable".

6. Notwithstanding the revocation of the Education (Mandatory Awards) Regulations 1992(4) a student who was not entitled to a payment under regulation 17(a) or (b) of those Regulations but who would have been entitled to such a payment if the bracket following "1962" in regulation 23(2)(a) had instead followed the words "attends his course" shall be entitled-

(a)to be paid by the authority in pursuance of his award a sum equal to the payment to which he would have been entitled, or

(b)to retain as a payment in pursuance of his award any payment made by the authority to which he was not entitled but to which he would have been entitled.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Mandatory Awards) Regulations 1993 and the Education (Mandatory Awards)(No 2) Regulations 1993, and make provision to adjust entitlement under the Education (Mandatory Awards) Regulations 1992.

The reference to the European Economic Area Agreement in regulation 9 of the 1993 No 2 Regulations has been amended to make it clear that the Regulations refer to Council Regulation (EEC) 1612/68 as extended by the Agreement, not only to the Regulation to the extent that it has been given effect by the Agreement (regulation 3).

Regulation 23(2)(a) of the 1993 Regulations and of the 1993 No 2 Regulations are amended to correct a typographical error, and provision is made to adjust entitlement under the 1992 Regulations, which were affected by the same error. Payments under the Education (Student Loans) Act 1990 and access funds are to be disregarded in determining the amount of payments as are mentioned in regulation 23(2) (regulations 4 and 6).

Regulation 26(4)(b) of the 1993 Regulations and of the 1993 No 2 Regulations are amended so that the appropriate proportion of the amount of maintenance payable in a year can be calculated without reference to the balance remaining payable when the calculation can be first made (regulation 5).