Citation and commencement

1. These Regulations may be cited as the Repayment of Student Loans (Scotland) Amendment Regulations 2009 and come into force on 7th April 2009.

Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

2. The Repayment of Student Loans (Scotland) Regulations 2000(2) are amended in accordance with regulations 3 to 9.

3. In regulation 2(1) (interpretation)-

(a) omit the definition of "the Board";

(b) in the definition of "Collection Regulations" for "Education (Student Loans) (Repayment) Regulations 2000" substitute "Education (Student Loans) (Repayment) Regulations 2009(3)";

(c) after the definition of "disability related benefit" insert-

""HMRC" means Her Majesty´s Revenue and Customs;"; and

(d) in the definition of "student loan" for "Part III or IV" substitute "Part 3 or 4".

4. In regulation 5 (period and manner of repayment)-

(a) in paragraph (a)-

(i) for "the Board" substitute "HMRC"; and

(ii) for "Parts III and IV" substitute "Parts 3 and 4"; and

(b) in paragraph (b)-

(i) for "regulation 11(8)" substitute "regulation 15(8)"; and

(ii) for "regulation 11(5)(a) or (b)" substitute "regulation 15(3)(a) or (b)".

5. In regulation 6(a) (application of payments received) after "2006," insert "regulation 14 of the Graduate Endowment (Scotland) Regulations 2007(4), regulation 11 of the Graduate Endowment (Scotland) Regulations 2008(5),".

6. In regulation 7(2)(b) (time for repayments)-

(a) after "2001" insert ", the Graduate Endowment (Scotland) Regulations 2007, the Graduate Endowment (Scotland) Regulations 2008"; and

(b) for "those Regulations" substitute "the Graduate Endowment (Scotland) Regulations 2001, regulation 13 of the Graduate Endowment (Scotland) Regulations 2007 or regulation 9 of the Graduate Endowment (Scotland) Regulations 2008 (whichever is appropriate)".

7. In regulation 8(1) and (6) (cancellation) for "Part III" on each occasion it occurs substitute "Part 3".

8. In regulation 9 (refunds)-

(a) in paragraphs (1), (4) and (5)(c) for "Part IV" on each occasion it occurs substitute "Part 4";

(b) in paragraphs (2), (3) and (5)(b) for "the Board" on each occasion it occurs substitute "HMRC";

(c) in paragraphs (2) and (5)(b) for "Part III" on each occasion it occurs substitute "Part 3";

(d) in paragraph (5)(c)(ii) for "regulation 11(5)(b)" substitute "regulation 15(3)(b)"; and

(e) in paragraph (5)(c)(iii) for "regulation 11(5)(e)" substitute "regulation 15(3)(e)".

9. In regulation 13A(4)(b) (repayment by income related instalments) for "Part III or IV" substitute "Part 3 or 4".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Repayment of Student Loans (Scotland) Regulations 2000 ("the principal Regulations").

The principal Regulations make several references to the Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944) ("the Collection Regulations"). The Education (Student Loans) (Repayment) Regulations 2009 revoke and replace the Collection Regulations. Regulations 3, 4 and 7 to 9 make amendments to the principal Regulations which are consequential to the revoking and replacement of the Collection Regulations.

Regulations 5 and 6 amend the principal Regulations to correct an omission of references to the Graduate Endowment (Scotland) Regulations 2007 and the Graduate Endowment (Scotland) Regulations 2008.