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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 329

EDUCATION

The Education (Student Loans) (Amendment) Regulations (Northern Ireland) 2007

  Made 10th July 2007 
  Coming into operation 1st August 2007 

The Department for Employment and Learning[1] makes the following Regulations in exercise of the powers conferred by Article 3(5) of and paragraph 1(1) of Schedule 2 to the Education (Student Loans) (Northern Ireland) Order 1990[2] and now vested in it[3].

Citation, commencement and interpretation
     1. These Regulations may be cited as the Education (Student Loans) (Amendment) Regulations (Northern Ireland) 2007 and come into operation on 1st August 2007.

    
2. In these Regulations "the principal Regulations" means the Education (Student Loans) Regulations (Northern Ireland) 1998[4].

Revocation
     3. Regulation 8 of the Education (Student Loans) (Amendment) Regulations (Northern Ireland) 2006 is revoked[5].

Amendment of the principal Regulations
     4. The principal Regulations shall be amended as provided by regulations 5 to 10.

    
5. —(1) Regulation 3 (Interpretation) shall be amended as provided by paragraphs (2) to (6).

    (2) For the definition of "2005 loan", there shall be substituted—

    (3) After the definition of "2005 loan", there shall be inserted—

    (4) Before the definition of "2006 academic year", there shall be inserted—

    (5) After the definition of "2006 academic year", there shall be inserted—

    (6) The definition of "new academic year" shall be omitted.

    
6. —(1) Regulation 4 (Conditions of Eligibility) shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraphs (1A) and (1D) for "a new academic year" wherever it appears, there shall be substituted "the 2005 academic year".

    (3) For paragraphs (1E) to (1G), there shall be substituted—

     7. —(1) Regulation 6 (Amounts of loans) shall be amended as provided by paragraph (2).

    (2) In paragraphs (1) to (4), for each of the figures in the first column, wherever it appears, substitute the corresponding figure in the second column below—

First column (£) Second column (£)
1,185 1,215
1,900 1,940
1,615 1,655
2,605 2,665
1,540 1,575
2,105 2,155

    
8. For regulation 7(1) (Terms of loans), there shall be substituted—

     9. —(1) Schedule 1 (Eligible students) shall be amended as provided by paragraphs (2) to (5).

    (2) After the definition of "Switzerland Agreement" in paragraph 1(1), there shall be inserted—

    (3) For paragraph 1(3), there shall be substituted—

    (4) For paragraph 1(4), there shall be substituted—

    (5) After paragraph 10, there shall be inserted—

     10. —(1) Schedule 2 (Terms of loans) shall be amended as provided by paragraphs (2) to (7).

    (2) In paragraph 1 for the definition of "2005 loan", there shall be substituted—

    (3) In paragraph 1 for the definition of "old loan", "new academic year" and "2006 academic year", there shall be substituted—

    (4) In paragraph 4 for "paragraphs 4A and 4B", insert "paragraphs 4A, 4B and 4C".

    (5) After paragraph 4B, there shall be inserted—

    (6) In paragraph 13A for "a new academic year", there shall be substituted "the 2005 academic year".

    (7) After paragraph 13B, there shall be inserted—



Sealed with the Official Seal of the Department for Employment and Learning on


10th July 2007

L.S.


Sir Reg Empey MLA
Minister for Employment and Learning


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Education (Student Loans) Regulations (Northern Ireland) 1998 (the "1998 Regulations"). The 1998 Regulations, made under the Education (Student Loans) (Northern Ireland) Order 1990, govern mortgage style repayment loans. These loans are, for the most part, only available to students who started their courses before 1st August 1998.

Regulation 7 increases, in line with inflation, the maximum amounts that may be lent to students in relation to an academic year commencing on or after 1st August 2007.

These Regulations also amend the 1998 Regulations to comply with article 9 of Decision No 1/80 of the Association Council of 19th September 1980 on the development of the Association between the European Community and Turkey ("the Decision").

Article 9 of the Decision provides: "Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed in that Member State, shall be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that Member State. They may in that Member State be eligible to benefit from the advantages provided for under the national legislation in this area.".

Regulation 6 sets out the criteria that this category of students, who were not previously eligible for a loan, must satisfy in order to be eligible for a loan in connection with an academic year beginning on or after 1st August 2006 but before 1st July 2007. Regulation 8 also sets out the time limits for applying for those loans.

These Regulations also revoke in part the Education (Student Loans) (Amendment) Regulations (Northern Ireland) 2006.

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


Notes:

[1] Formerly known as the Department of Higher and Further Education, Training and Employment; see the Department for Employment and Learning Act (Northern Ireland) 2001 c.15back

[2] S.I. 1990/1506 (N.I. 11); as amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6. The entire Order was repealed by the Education (Student Support) (Northern Ireland) Order 1998 S.I. 1998/1760 (N.I. 14), Article 9 and the Schedule. This repeal is subject to transitional and saving provisions in the Education (Student Support) (Northern Ireland) Order 1998 (Commencement and Transitional Provisions) Order (Northern Ireland) 1998 S.R. 1998 No. 306. The saving provisions include provision for making subordinate legislation after the date of repeal.back

[3] S.R. 1999 No. 481 see Article 5(b) and Schedule 3 Part IIback

[4] S.R. 1998 No. 58 as amended by S.R. 1998 No. 262, S.R. 1998 No. 303, S.R. 1999 No. 343, S.R. 2000 No. 244, S.R. 2001 No.276, S.R. 2002 No. 241, S.R. 2003 No. 340, S.R. 2004 No. 305, S.R. 2005 No. 351, S.R. 2005 No. 435, S.R. 2006 No. 307 and S.R. 2006 No.329back

[5] S.R. 2006 No. 307back



ISBN 978 0 337 97079 5


 © Crown copyright 2007

Prepared 18 July 2007


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