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STATUTORY INSTRUMENTS


2007 No. 1630

EDUCATION, ENGLAND AND WALES

The Education (Student Loans) (Amendment) (England and Wales) Regulations 2007

  Made 7th June 2007 
  Laid before Parliament 15th June 2007 
  Coming into force in accordance with regulation 2

The Secretary of State for Education and Skills makes the following regulations in exercise of the powers in sections 1(1), (2) and (7) of and paragraph 1(1) of Schedule 2[a] to the Education (Student Loans) Act 1990[1]:

Citation, commencement, application and interpretation
     1. These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2007.

    
2. —(1) Except as provided for in paragraph (2) these Regulations come into force on 16th July 2007.

    (2) Regulations 5 and 9 come into force on 1st August 2007.

    
3. These Regulations do not apply in or as regards Scotland[2].

     4. In these Regulations "the Principal Regulations" means the Education (Student Loans) Regulations 1998[3].

Revocation
     5. Regulation 10 of the Education (Student Loans) (Amendment) (England and Wales) Regulations 2006 is revoked[4].

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

    
7. —(1) Regulation 3 is amended as follows.

    (2) For the definition of "2005 loan", substitute—

    (3) After the definition of "2005 loan", insert—

    (4) Before the definition of "2006 academic year", insert—

    (5) After the definition of "2006 academic year", insert—

    (6) Omit the definition of "new academic year".

    
8. —(1) Regulation 4 is amended as follows.

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

    (3) For paragraphs (1E) to (1G), substitute—

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

    (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

    
10. For regulation 7(1), substitute—

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

    (2) After the definition of "Switzerland Agreement" in paragraph 1(1), insert—

    (3) For paragraph 1(3), substitute—

    (4) For paragraph 1(4), substitute—

    (5) After paragraph 10, insert—

     12. —(1) Schedule 2 is amended as follows.

    (2) In paragraph 1 for the definition of "2005 loan", substitute—

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

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

    (5) After paragraph 4B, insert—

    (6) In paragraph 13A for "a new academic year", substitute "the 2005 academic year".

    (7) After paragraph 13B, insert—


Bill Rammell
Minister of State Department for Education and Skills

7th June 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Education (Student Loans) Regulations 1998 (the "1998 Regulations"). The 1998 Regulations, made under the Education (Student Loans) Act 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.

These Regulations do not apply in or as regards Scotland.

Regulation 9 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 8 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) (England and Wales) Regulations 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] 1990 c.6, amended by the Education (Student Loans) Act 1996 (c.9), section 1(1) and the Schedule, by the Education Act 1996, Schedule 37 paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c.1), sections 1 to 3. The entire Act was repealed on 13th August 1998 by the Teaching and Higher Education Act 1998 (c.30), section 44(2) and Schedule 4, subject to transitional and saving provisions in the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998/2004). The saving provisions include provision for making subordinate legislation after the date of repeal.back

[2] The Secretary of State's functions under the Education (Student Loans) Act 1990 were transferred, in or as regards Scotland, to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46), read with article 3 and paragraph 11 of Schedule 1 to the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748).back

[3] S.I. 1998/211, as amended, in relation to England and Wales, by S.I. 1998/1676, S.I. 2000/1804, S.I. 2001/1627, S.I. 2002/1329, S.I. 2005/1718, S.I. 2005/2119 and S.I. 2006/929.back

[4] S.I. 2006/929.back


[a] Amended by Correction Slip. Page 1, in the preamble, line two: "of Schedule 1" should read, "of Schedule 2". back




ISBN 978 0 11 077289 9


 © Crown copyright 2007

Prepared 15 June 2007


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