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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2006 No. 930

EDUCATION, ENGLAND AND WALES

The Education (Mandatory Awards) (Amendment) Regulations 2006

  Made 27th March 2006 
  Laid before Parliament 5th April 2006 
  Coming into force in accordance with section 2

The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 1 and 4(2) of the Education Act 1962[1] and by sections 3(1) and (2) of the Education Act 1973[2]:

Citation, commencement and interpretation
     1. These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2006.

    
2. —(1) Except as provided for by paragraph (2) these Regulations shall come into force on 30th April 2006.

    (2) Regulations 4(b), (e), (g) and (h), 6(7) to (9), 12 and 15 shall come into force on 1st September 2006.

    
3. In these Regulations, "the Principal Regulations" means the Education (Mandatory Awards) Regulations 2003[3].

Revocation
     4. The following provisions of the Education (Mandatory Awards) (Amendment) Regulations 2005[4] are revoked—

Amendment of the Principal Regulations
     5. The Principal Regulations are amended in accordance with these Regulations.

    
6. —(1) Regulation 2 is amended as follows.

    (2) For the definition of "category 2 European Student", substitute—

    (3) After the definition of "Certificate in Education", insert—

    (4) After the definition of "dependent", insert—

    (5) Omit the definition of "EEA migrant worker".

    (6) For the definition of "European student", substitute—

    (7) In the definition of "new academic term" for "2005", substitute "2006".

    (8) For the definition of "new payment", substitute—

    (9) For the definition of "old payment", substitute—

    (10) In the definition of "refugee", omit the words from "and any reference" to "a step-child".

    
7. —(1) Regulation 5 is amended as follows.

    (2) Omit paragraphs (4), (5) and (6).

    
8. —(1) Regulation 7 is amended as follows.

    (2) In paragraph (1)(a) and (b) for "2004", wherever it occurs, substitute "2005".

    
9. —(1) Regulation 11 is amended as follows.

    (2) After paragraph (2)(dd), insert—

     10. For regulation 13, substitute—

     11. —(1) Regulation 25 is amended as follows.

    (2) For paragraph (6), substitute—

    (3) For paragraph (8)(a), substitute—

     12. —(1) Schedule 1 is amended as follows.

    (2) For paragraph (iii), substitute—

     13. —(1) Schedule 3 is amended as follows.

    (2) In paragraph 1(3) of Part 1 for "or a category 2 European student", substitute ", a category 2 European student, a Community right student or a Directive student".

    (3) In paragraph 4(4) of Part 2 for "the Education (Student Support) Regulations 2005", substitute "the Education (Student Support) Regulations 2006[
5]".

     14. After Schedule 5, insert—



     15. The figures in the third column of the table in the Schedule to these Regulations are substituted for the figures in the second column where they appear in the provisions of the Principal Regulations set out in the first column of the table.


Bill Rammell
Minister of State Department for Education and Skills

27th March 2006



SCHEDULE
Regulation 15


NEW PAYMENT RATES


Provision in the Principal Regulations Existing figure (£) New figure (£)
Regulation 21                      
21(3) 830 850
21(4) 1,130 1,160
21(4)(a) 1,410 1,445
21(4)(b) 1,220 1,250
Schedule 1                      
Paragraph (i) 1,175

570

1,200

600

Paragraph (ii) 1,100 1,125
Paragraphs (iv), (v), (vi) and (viii) 570 600
Schedule 2, Part 1                      
Paragraph 2 2,140 2,195
Paragraph 2(2)(a) 2,635 2,700
Paragraph 2(2)(b) 3,065 3,140
Paragraph 3 1,745 1,790
Schedule 2, Part 2                      
Paragraph 5(2)(a) 50 51
Paragraph 5(2)(b) 75 77
Paragraph 5(2)(b)(i) 96 98
Paragraph 5(2)(b)(ii) 104 107
Paragraph 7(2) 280 285
Paragraph 9(2)(a) 11,840 12,135
Paragraph 9(2)(b) 4,680 4,795
Paragraph 9(2)(c) 1,565 1,605
Schedule 2, Part 3                      
Paragraph 12(3) 3,445 3,530
Paragraph 13(1) 2,395 2,455
Paragraph 13(1)(b) 3,445 3,530
Paragraph 13(2)(b)(i) 1,050 1,075
Paragraph 13(2)(b)(ii) 3,145 3,225
Paragraph 13(2)(b)(iii) and (iv) 4,195 4,300
Paragraph 13(2)(b)(v) 5,250 5,380
Paragraph 13(4)(a) 1,365 1,400
Paragraph 13(4)(b) 1,365

1,315

1,400

1,350

Paragraph 14(5)(b)(i) 1,050 1,075
Paragraph 14(5)(b)(ii) 3,145 3,225
Paragraph 14(5)(b)(iii) and (iv) 4,195 4,300
Paragraph 14(5)(b)(v) 5,250 5,380
Paragraph 14(7)(b)(i) 1,050 1,075
Paragraph 14(7)(b)(ii) 3,145 3,225
Paragraph 14(7)(b)(iii) and (iv) 4,195 4,300
Paragraph 14(7)(b)(v) 5,250 5,380
Schedule 3, Part 1                      
Paragraph 1(1)(a) 945 970
Paragraph 1(1)(b) 4,460 4,570
Paragraph 1(1)(q) 3,590 3,680
Schedule 3, Part 2                      
Paragraph 4(1) 22,010

87

22,560

89

Paragraph 4(2A) 7,250 7,430
Paragraph 6(2)(a) 2,535 2,600
Paragraph 6(2)(d) and (e) 1,990 2,040
Paragraph 6(2)(g) 1,025 1,050
Schedule 3, Part 3                      
Paragraph 8(2) 18,935

87

7,250

19,410

89

7,430

Schedule 3, Part 3A                      
Paragraph 10(2) 18,935

87

7,250

19,410

89

7,430

Schedule 4                      
Paragraph 2(2) 2,055

945

2,105

970

Schedule 5                      
Paragraph 4(a) 945 970



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Education (Mandatory Awards) Regulations 2003 (S.I. 2003/1994), as amended (the "Principal Regulations"). The Principal Regulations ensure that students who began their courses before 1st September 1998, and certain other students, continue to receive mandatory awards and payments under those awards until the end of their courses.

Regulation 6 amends the Principal Regulations so that the new payment rates prescribed in the Schedule to these Regulations shall only apply in relation to an academic term which commences on or after 1st September 2006. Where an academic year starts before 1st September 2005, but ends after 1st September 2006, the old payment and new payment rates shall be applied proportionally.

Regulation 12 specifies increases in the rates of fee awards in relation to courses at the University of Buckingham, the Guildhall School of Music and Heythrop College. Increases in relation to other fee awards and grants are provided for in regulation 15 and the Schedule to these Regulations.

These Regulations also amend the Principal Regulations in order to implement Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 (OJ L158, 30.04.2004, p77-123) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member states so far as the Directive relates to mandatory awards. Certain categories of person who were not previously eligible for a mandatory award are now so eligible as a result of the Directive. To qualify for a mandatory award a student must, amongst other criteria, be determined by the relevant local authority to fall within Schedule 5A to the Principal Regulations (regulation 10). Schedule 5A sets out all of the categories of person who are potentially eligible for a mandatory award including those who are now so eligible as a result of the Directive. A copy of the Transposition Note in relation to the implementation of the Directive so far as it relates to mandatory awards is available from the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT or on the website of the Office of Public Sector Information at
www.opsi.gov.uk. A copy has also been placed in the libraries of both Houses of Parliament.

Regulations 6, 9, 11 and 13 make amendments to the Principal Regulations in consequence of the changes that have been made to Schedule 5A.

These Regulations also revoke in part the Education (Mandatory Awards) (Amendment) Regulations 2005.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.


Notes:

[1] 1962 c. 12; the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c.20); section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c.11), section 4; section 4 was amended by the Education Act 1994 (c.30), Schedule 2, paragraph 2; the entire Act was repealed by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to the transitional and saving provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237 (c.81)), article 3.back

[2] 1973 c.16; section 3 was repealed by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to the transitional and saving provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237).back

[3] S.I. 2003/1994, as amended by S.I. 2004/1038, S.I. 2004/1792 and S.I. 2005/2083.back

[4] S.I. 2005/2083.back

[5] S.I. 2006/119.back

[6] OJ L158, 30.04.2004, p77-123.back

[7] 1971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).back

[8] OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).back



ISBN 0 11 074407 1


 © Crown copyright 2006

Prepared 5 April 2006


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