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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (Mandatory Awards) (Amendment) Regulations 2005 No. 2083 URL: https://www.bailii.org/uk/legis/num_reg/2005/20052083.html |
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Made | 26th July 2005 | ||
Laid before Parliament | 3rd August 2005 | ||
Coming into force | 1st September 2005 |
4.
The Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2004[5] are revoked.
Amendment of the Principal Regulations
5.
The Principal Regulations are amended in accordance with these Regulations.
6.
—(1) Regulation 2 is amended in accordance with this regulation.
(2) Before the definition of "academic authority", insert—
(3) After the definition of "award", insert—
(4) For the definition of "European student", substitute—
(5) In the definition of "institution" for "Part I of the Education Act 1994", substitute "Part 3 of the 2005 Act".
(6) In the definition of "new academic term" for "2004", substitute "2005".
(7) For the definition of "new payment", substitute—
(8) For the definition of "old payment", substitute—
7.
—(1) Regulation 7 is amended in accordance with this regulation.
(2) In paragraph 1(1)(a) and (b) for "2003" where it occurs, substitute "2004".
8.
—(1) Regulation 10 is amended in accordance with this regulation.
(2) For paragraph (1)(d)(i), substitute—
9.
—(1) Regulation 11 is amended in accordance with this regulation.
(2) After paragraph (2)(d), insert—
where the application reaches the authority by 1st January 2006.".
10.
—(1) Regulation 13 is amended in accordance with this regulation.
(2) After paragraph (1), insert—
11.
—(1) Schedule 1 is amended in accordance with this regulation.
(2) For paragraph (iii), substitute—
12.
—(1) Schedule 2 is amended in accordance with this regulation.
(2) In paragraph 13(4)—
13.
—(1) Schedule 3 is amended in accordance with this regulation.
(2) In paragraph 1—
(b) in sub-paragraph (3) after "European student", insert "or a category 2 European student".
(3) For paragraph 4(2), substitute—
(4) For paragraph 4(4) to (6), substitute—
(6) If, after apportioning the remaining parental contribution equally under sub-paragraph 5(b)—
the balance of the contribution shall be applied to the remaining statutory award or awards, in increasing order of size, to which the contribution may be applied, until there remains no such statutory award to which the contribution has not been applied.".
14.
—(1) Schedule 4 is amended in accordance with this regulation.
(2) For paragraph 2(2), substitute—
(3) Omit paragraph 3.
15.
—(1) Schedule 5 is amended in accordance with this regulation.
(2) In paragraph 1(4) for "references to Schedules 2 and 3 are to be construed as references to those Schedules", substitute "references to Schedule 3 are to be construed as references to that Schedule".
(3) In paragraph 3(c) omit "except that where such a requirement falls to be increased under paragraph 16 it shall be increased by the prescribed proportion or the sum there specified".
16.
The figures in the third column of the table in Schedule 1 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.
17.
The Principal Regulations are also amended in accordance with Schedule 2.
Modifications applying while the Civil Partnership Act 2004 is not in force
18.
During such time as section 1 of the Civil Partnership Act 2004[9] is not in force in England and Wales, regulation 17 and Schedule 2 to these Regulations shall not have effect.
Bill Rammell
Minister of State Department for Education and Skills
26th July 2005
Provision in the Principal Regulations | Existing figure (£) | New figure (£) |
Regulation 21 | ||
21(3) | 810 | 830 |
21(4) | 1,100 | 1,130 |
21(4)(a) | 1,375 | 1,410 |
21(4)(b) | 1,190 | 1,220 |
Schedule 1 | ||
Paragraph (i) |
1,150 560 |
1,175 570 |
Paragraph (ii) | 1,075 | 1,100 |
Paragraphs (iv), (v), (vi) and (viii) | 560 | 570 |
Schedule 2, Part 1 | ||
Paragraph 2(2) | 2,090 | 2,140 |
Paragraph 2(2)(a) | 2,570 | 2,635 |
Paragraph 2(2)(b) | 2,990 | 3,065 |
Paragraph 3 | 1,705 | 1,745 |
Schedule 2, Part 2 | ||
Paragraph 5(2)(a) | 49 | 50 |
Paragraph 5(2)(b) | 73 | 75 |
Paragraph 5(2)(b)(i) | 94 | 96 |
Paragraph 5(2)(b)(ii) | 101 | 104 |
Paragraph 7(2) | 275 | 280 |
Paragraph 9(2)(a) | 11,550 | 11,840 |
Paragraph 9(2)(b) | 4,565 | 4,680 |
Paragraph 9(2)(c) | 1,525 | 1,565 |
Schedule 2, Part 3 | ||
Paragraph 12(3) | 3,360 | 3,445 |
Paragraph 13(1) | 2,335 | 2,395 |
Paragraph 13(1)(b) | 3,360 | 3,445 |
Paragraph 13(2)(b)(i) | 1,025 | 1,050 |
Paragraph 13(2)(b)(ii) | 3,070 | 3,145 |
Paragraph 13(2)(b)(iii) and (iv) | 4,095 | 4,195 |
Paragraph 13(2)(b)(v) | 5,120 | 5,250 |
Paragraph 13(4)(a) | 1,330 | 1,365 |
Paragraph 13(4)(b) |
1,330 1,280 |
1,365 1,315 |
Paragraph 14(2)(a) | 114.75 | 148.75 |
Paragraph 14(2)(b) | 170 | 255 |
Paragraph 14(5)(b)(i) | 1,025 | 1,050 |
Paragraph 14(5)(b)(ii) | 3,070 | 3,145 |
Paragraph 14(5)(b)(iii) and (iv) | 4,095 | 4,195 |
Paragraph 14(5)(b)(v) | 5,120 | 5,250 |
Paragraph 14(7)(b)(i) | 1,025 | 1,050 |
Paragraph 14(7)(b)(ii) | 3,070 | 3,145 |
Paragraph 14(7)(b)(iii) and (iv) | 4,095 | 4,195 |
Paragraph 14(7)(b)(v) | 5,120 | 5,250 |
Schedule 3, Part 1 | ||
Paragraph 1(1)(a) | 920 | 945 |
Paragraph 1(1)(b) | 4,350 | 4,460 |
Paragraph 1(1)(q) | 3,500 | 3,590 |
Schedule 3, Part 2 | ||
Paragraph 4(1) |
21,475 85 |
22,010 87 |
Paragraph 6(2)(a) | 2,475 | 2,535 |
Paragraph 6(2)(d) and (e) | 1,940 | 1,990 |
Paragraph 6(2)(g) | 1,000 | 1,025 |
Schedule 3, Part 3 | ||
Paragraph 8(2) |
18,475 85 7,075 |
18,935 87 7,250 |
Schedule 5 | ||
Paragraph 4(a) | 920 | 945 |
2.
—(1) Regulation 5 is amended in accordance with this paragraph.
(2) After paragraph (3), insert—
(3) In paragraph (4) after "spouse", insert "or civil partner".
3.
In regulation 11(2)(d) after "spouse", insert "or civil partner".
4.
—(1) Regulation 13 is amended in accordance with this paragraph.
(2) In paragraph (2) after "spouse" in both places it occurs, insert ", civil partner".
(3) In paragraph (3)(c) after "spouse" in both places it occurs, insert "or civil partner".
5.
In regulation 18(1)(b) after "or 3", insert "or 3A".
6.
In regulation 25(6)(b) after "spouse" in both places it occurs, insert "or civil partner".
7.
—(1) Schedule 2 is amended in accordance with this paragraph.
(2) In paragraph 12(1)–
(3) In paragraph 12(2) after "spouse", insert "or civil partner".
(4) In paragraph 13(1)(a) after "spouse", insert "or civil partner".
(5) In paragraph 13(3)(a)—
(6) In paragraph 14(1) after "spouse", insert "or civil partner".
(7) In paragraph 14(8)—
(8) In paragraph 16 after "spouse" in both places it occurs, insert "or civil partner".
8.
—(1) Schedule 3 is amended in accordance with this paragraph.
(2) In paragraph 1(1)—
(3) In paragraph 1(4) after "or person who lived with him as his spouse", insert "or former civil partner or person who lived with him as his civil partner".
(4) In paragraph 1(5) after "Schedule 2", insert—
(5) In paragraph 6(2)—
(6) After paragraph 8 insert—
Civil partner's contribution
10.
—(1) Subject to sub-paragraphs (3) and (4), Part 2 above, except paragraphs 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (9), and 6(2)(e), shall apply with the necessary modifications for the ascertainment of the civil partner's contribution as it applies for the ascertainment of the parental contribution, references to the parent being construed as references to the student's civil partner and this Part shall be construed as one with the said Part 2.
(2) The civil partner's contribution shall be in any case in which the residual income is £18,935 or more £45 with the addition of £1 for every complete £8 by which it exceeds £18,935, reduced in any such case by £87 in respect of each child of the student who is dependent on him or his civil partner on the first day of the year for which the contribution falls to be ascertained; and in any case in which the residual income is less than £18,935 the civil partner's contribution shall be nil; provided that the amount of the civil partner's contribution shall in no case exceed £7,250.
(3) If the student forms a civil partnership during any year for which the contribution falls to be ascertained the contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the date of formation of the civil partnership or the date on which the civil partnership is treated as having been formed and whichever is the earlier of the end of that year and the end of the course.
(4) If the student's civil partnership terminates during any year for which the contribution falls to be ascertained the contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the beginning of that year and the termination of the civil partnership.".
9.
In paragraph 1 of Schedule 4 after "or with another person as a spouse", insert "or with a civil partner or with another person as a civil partner".
10.
After paragraph 4(d) of Schedule 5, insert—
[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 (c.81)), article 3.back
[3] S.I. 2003/1994, as amended by S.I. 2004/1038 and S.I. 2004/1792.back
© Crown copyright 2005