Statutory Instruments
1998 No. 1965

EDUCATION, ENGLAND AND WALES
The Education (Fees and Awards) (Amendment) Regulations 1998

Made
7th August 1998

Laid before Parliament
11th August 1998

Coming into force
1st September 1998

The Secretary of State for Education and Employment, in exercise of the powers conferred by section 1 of the Education (Fees and Awards) Act 1983(1), hereby makes the following Regulations:—

1.—(1) These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1998 and shall come into force on 1st September 1998.

(2) These Regulations do not extend to Scotland.

2.  The Education (Fees and Awards) Regulations 1997(2) shall be amended as follows.

3.  In regulation 2(6)(b), for “were” there shall be substituted “where”.

4.  In regulation 4(4), paragraph (a) shall be omitted.

5.  In regulation 8, at the end of paragraph (3) there shall be added:

“(4) In any case where the relevant date is on or after 1st September 1998, and on the relevant date the person meets the residence conditions referred to in paragraph 9 of the Schedule but is not settled in the United Kingdom within the meaning of the Immigration Act 1971(3), he shall nonetheless be mentioned in the Schedule for the purposes of regulations 4 if—

(a)a local education authority was under a duty to bestow an award on the person pursuant to regulations made under section 1 of the Education Act 1962(4) in respect of his attendance at a course during an academic year beginning before 1st September 1997,

(b)the award was so bestowed on the person,

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

(d)a local education authority is under a duty to bestow an award on the person pursuant to such regulations in respect of his attendance at that other course, and

(e)the award is so bestowed on the person and continues to be held by the person.

(5) Where the award referred to in sub-paragraph (b) of paragraph (4) was transferred pursuant to such regulations so as to be held in respect of attendance at a second or further course, the reference to “that course” in sub-paragraph (c) of paragraph (4) means the second course or, where there is a further course, the last of such further courses; and for the purposes of sub-paragraph (e) of paragraph (4) it is immaterial whether the award continues to be held in respect of attendance at the course for which it was bestowed or whether it is transferred pursuant to such regulations so as to be held in respect of attendance at another course.”

6.  In the Schedule—

(a)in paragraph 3(1)(b), for the second “to” there shall be substituted “or”,

(b)in paragraph 7, “and” shall be inserted between “worker” and “who—”, and

(c)in paragraph 8(1), “and” shall be inserted between “worker” and “who—”.

Tessa Blackstone
Minister of State,
Department for Education and Employment
7th August 1998

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Education (Fees and Awards) Regulations 1997 (“the 1997 Regulations”).
The Regulations remove the exclusion of college fees or dues at the University of Oxford, the University of Cambridge, and at the St. Chad's, St. John’s or Ushaw College of the University of Durham, from the list of fees in respect of which it is lawful for a higher amount to be charged in the case of a person who is not mentioned in the Schedule to the 1997 Regulations than in the case of a person who is so mentioned (regulation 4).
The Regulations also make transitional provision in relation to the requirement of being “settled in the United Kingdom”, and to being treated as mentioned in the Schedule to the 1997 Regulations for the purposes of regulation 4 of those Regulations, for students who attend a course immediately after ceasing to attend a previous course (regulation 5). This applies where the relevant date for the purposes of the application of regulation 4 is on or after 1st September 1998, and a local education authority was under a duty to bestow an award on the student under regulations made under section 1 of the Education Act 1962 in respect of both the present and the previous course, and an award was so bestowed in respect of each course.
The Regulations also correct errors made in the 1997 Regulations (regulations 3 and 6(a)), and clarify the drafting in paragraphs 7 and 8 of the Schedule to the 1997 Regulations (regulation 6(b) and (c)).


(1)
1983 c. 40, amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91, by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19, by the Education Act 1994 (c. 30), Schedule 2, paragraph 7, and by the Education Act 1996 (c. 56), Schedule 37, paragraph 57.

(2)
S.I. 1997/1972.

(3)
1971 (c. 77); “settled in the United Kingdom” is defined in section 33(2A) of that Act, which was inserted by the British Nationality Act 1981 (c. 61), Schedule 4, paragraph 7.

(4)
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(1A) was inserted by the Education Act 1994 (c. 30), Schedule 2, paragraph 2.