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STATUTORY RULES OF NORTHERN IRELAND

2007 No. 336

EDUCATION

Students Awards (Amendment) Regulations (Northern Ireland) 2007

  Made 18th July 2007 
  Coming into operation 20th August 2007 

The Department for Employment and Learning[1] makes the following Regulations in exercise of the powers conferred by Articles 50(1) and (2) and 134(1) of the Education and Libraries (Northern Ireland) Order 1986[2] and now vested in it[3].

Citation, commencement and interpretation
     1. These Regulations may be cited as the Students Awards (Amendment) Regulations (Northern Ireland) 2007.

     2. —(1) Except as provided for by paragraph (2) these Regulations shall come into operation on 20th August 2007.

    (2) Regulations 4, 10 and 13 shall come into operation on 1st September 2007.

     3. In these Regulations, "the principal Regulations" means the Students Awards Regulations (Northern Ireland) 2003[4].

Revocations
     4. The following provisions of the Students Awards (Amendment) Regulations (Northern Ireland) 2006[5] are revoked—

Amendment of the principal Regulations
     5. The principal Regulations shall be amended as provided by regulations 6 to 13.

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

    (2) After the definition of "Certificate in Education", there shall be inserted—

    (3) In the definition of "new academic term" for "2006" there shall be substituted "2007".

    (4) For the definition of "new payment" there shall be substituted—

    (5) For the definition of "old payment" there shall be substituted—

    (6) After the definition of "Switzerland Agreement" there shall be inserted—

     7. In regulation 9 (Terms and Conditions) in paragraph (2)(a) and (b) for "2005" in each place where it occurs, there shall be substituted "2006".

     8. —(1) Regulation 16 (Reduced entitlement to payments) shall be amended as provided by paragraphs (2) to (6).

    (2) In paragraph (5)(a)(iv), there shall be omitted "or".

    (3) After paragraph (5)(a)(iv) there shall be inserted—

    (4) In paragraph (7)(a) (iv), there shall be omitted "or".

    (5) In paragraph (7) (a) (v), after the word national there shall be inserted "; or".

    (6) After paragraph (7) (a) (v) there shall be inserted—

     9. —(1) Schedule 3 (Terms and Conditions) shall be amended as provided by paragraphs (2) to (4).

    (2) In paragraph 2 (dg) (iii) there shall be omitted "or".

    (3) In paragraph 2 (dg) (iv) after the word national there shall be inserted "; or".

    (4) After paragraph 2 (dg) (iv) there shall be inserted—

    (5) After paragraph 2 (dg) there shall be inserted—

     10. In Schedule 5 (Fees), for paragraph (iv) there shall be substituted—

     11. —(1) Schedule 7 (Resources) shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph 1(3) of Part 1 for "or a Directive student", there shall be substituted ", a Directive student or a child of a Turkish worker".

    (3) In paragraph 4(4) of Part II for "the Education (Student Support) Regulations (Northern Ireland) 2006", there shall be substituted "the Education (Student Support) Regulations (Northern Ireland) 2007[6]".

     12. —(1) Schedule 10[7] (Eligible Students) shall be amended as provided by paragraphs (2) to (4).

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

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

    (4) After paragraph 11 there shall be inserted—

     13. The figures in the third column of the table in the Schedule 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.



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


18th July 2007

L.S.


Sir Reg Empey,MLA
Minister for Employment and Learning


SCHEDULE
Regulation 13


NEW PAYMENT RATES


Provision in the Principal Regulations Existing figure (£) New figure (£)
Schedule 5                      
Paragraph (d)(i) 1,200

600

 1,225

610
Paragraph (d)(iii) 1,125 1,150
Paragraphs (v), (vi), (vii) and (ix) 600 610
Schedule 6, Part I                      
Paragraph 2(2) 2,195 2,245
Paragraph 2(2)(a) 2,700 2,765
Paragraph 2(2)(b) 3,140 3,215
Paragraph 3 1,790 1,830
Schedule 6, Part II                      
Paragraph 5(2)(a) 51 52
Paragraph 5(2)(b) 77 79
Paragraph 5(2)(b)(i) 98 100
Paragraph 5(2)(b)(ii) 107 109
Paragraph 7(2) 285 290
Paragraph 9(2)(a) 12,135 12,420
Paragraph 9(2)(b) 4,795 4,905
Paragraph 9(2)(d) 1,605 1,640
Schedule 6, Part III                      
Paragraph 12(3) 3,530 3,610
Paragraph 13(1) 2,455 2,510
Paragraph 13(1)(b) 3,530 3,610
Paragraph 13(2)(b)(i) 1,075 1,100
Paragraph 13(2)(b)(ii) 3,225 3,300
Paragraph 13(2)(b)(iii) and (iv) 4,300 4,400
Paragraph 13(2)(b)(v) 5,380 5,505
Paragraph 13(4)(a) 1,400 1,435
Paragraph 13(4)(b) 1,400

1,350

 1,435

1,385
Paragraph 14(5)(b)(i) 1,075 1,100
Paragraph 14(5)(b)(ii) 3,225 3,300
Paragraph 14(5)(b)(iii) and (iv) 4,300 4,400
Paragraph 14(5)(b)(v) 5,380 5,505
Paragraph 14(7)(b)(i) 1,075 1,100
Paragraph 14(7)(b)(ii) 3,225 3,300
Paragraph 14(7)(b)(iii) and (iv) 4,300 4,400
Paragraph 14(7)(b)(v) 5,380 5,505
Schedule 7, Part I                      
Paragraph 1(1)(a) 970 995
Paragraph 1(1)(b) 4,570 4,675
Paragraph 1(1)(q) 3,680 3,765
Schedule 7, Part II                      
Paragraph 4(1) 22,560

89

 23,085

91
Paragraph 4(2A) 7,430 7,605
Paragraph 6(2)(a) 2,600 2,660
Paragraph 6(2)(d) and (e) 2,040 2,090
Paragraph 6(2)(g) 1,050 1,075
Schedule 7, Part III                      
Paragraph 8(2) 19,410

89

7,430

 19,860

91

7,605
Schedule 7, Part IIIA                      
Paragraph 10(2) 19,410

89

7,430

 19,860

91

7,605
Schedule 8                      
Paragraph 2(2) 2,105

970

 2,155

995
Schedule 9                      
Paragraph 4(a) 970 995


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Students Awards Regulations (Northern Ireland) 2003 (S.R. 2003 No. 459) "the principal Regulations". The principal Regulations ensure that students who began their courses before 1st September 1998, and certain other students, continue to receive students awards and payments under those awards until the end of their courses.

Retrospection of the provisions at regulation 2 (1) is authorised by Article 50 (2) of the Education and Libraries (Northern Ireland) Order 1986.

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 2007. Where an academic year starts before 1st September 2006, but ends after 1st September 2007, the old payment and new payment rates shall be applied proportionally.

These Regulations amend the principal 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". Regulations 6, 8, 9, 11, 12 and 13 provide for this category of student.

Regulation 10 specifies increases in the rates of fee awards in relation to courses at the University of Buckingham. Increases in relation to other fee awards and grants are provided for in regulation 13 and are set out in the Schedule to these Regulations

These Regulations also revoke in part the Students Awards (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 378).

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. 1986/594 (N.I. 3): Article 50(1) and (2) was repealed by Article 9 of, and the Schedule to, the Education (Student Support) (Northern Ireland) Order 1998, (S.I. 1998/1760 (N.I. 14)), subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 1998, (S.R. 1998 No. 460 (c. 22))back

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

[4] S.R. 2003 No. 459 as amended by S.R. 2004 No. 395, S.R. 2005 No. 466 and S.R. 2006 No. 378back

[5] S.R. 2006 No. 378back

[6] S.R. 2007 No.195, as amended by S.R. 2007 No. 293back

[7] Schedule 10 was inserted by regulation 14 of S.R. 2006 No. 378back


ISBN 978 0 337 97085 6


 © Crown copyright 2007

Prepared 25 July 2007

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URL: http://www.bailii.org/nie/legis/num_reg/2007/20070336.html