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STATUTORY INSTRUMENTS

2006 No. 930
EDUCATION, ENGLAND AND WALES
The Education (Mandatory Awards) (Amendment) Regulations 2006

	Made	27th March 2006
	Laid before Parliament	5th April 2006
	Coming into force in accordance with section 2

The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 1 and 4(2) of the Education Act 1962[1] and by sections 3(1) and (2) of the Education Act 1973[2]:

Citation, commencement and interpretation
     1. These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2006.

     2. —(1) Except as provided for by paragraph (2) these Regulations shall come into force on 30th April 2006.

    (2) Regulations 4(b), (e), (g) and (h), 6(7) to (9), 12 and 15 shall come into force on 1st September 2006.

     3. In these Regulations, "the Principal Regulations" means the Education (Mandatory Awards) Regulations 2003[3].

Revocation
     4. The following provisions of the Education (Mandatory Awards) (Amendment) Regulations 2005[4] are revoked—

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

     6. —(1) Regulation 2 is amended as follows.

    (2) For the definition of "category 2 European Student", substitute—

" "category 2 European student" means a person who falls within paragraph 10 of Part 2 of Schedule 5A;".

(3) After the definition of "Certificate in Education", insert—

" "Community Right student" means—

(b) a person who falls within paragraph 11 of Part 2 of Schedule 5A; or

(c) a person who falls within paragraph 8 of Part 2 of Schedule 5A;".

(4) After the definition of "dependent", insert—

" "Directive student" means—

(5) Omit the definition of "EEA migrant worker".

(6) For the definition of "European student", substitute—

" "European student" means a person who falls within paragraph 9 of Part 2 of Schedule 5A and not within any other paragraph of that Part of Schedule 5A;".

(7) In the definition of "new academic term" for "2005", substitute "2006".

(8) For the definition of "new payment", substitute—

" "new payment" means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations 2005 and the Education (Mandatory Awards) (Amendment) Regulations 2006;".

(9) For the definition of "old payment", substitute—

" "old payment" means a payment which would have been made under these Regulations, as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2004 and the Education (Mandatory Awards) (Amendment) Regulations 2005, if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2006;".

    (10) In the definition of "refugee", omit the words from "and any reference" to "a step-child".

     7. —(1) Regulation 5 is amended as follows.

    (2) Omit paragraphs (4), (5) and (6).

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

    (2) In paragraph (1)(a) and (b) for "2004", wherever it occurs, substitute "2005".

     9. —(1) Regulation 11 is amended as follows.

    (2) After paragraph (2)(dd), insert—

where the application reaches the authority by 30th August 2006;

(df) in the case of a Community Right Student who—

where the application reaches the authority by 30th August 2006;

(dg) in the case of a person who—

where the application reaches the authority not later than four months after the date on which he acquired that right or status;".

10. For regulation 13, substitute—

" 13. An authority is not under a duty to bestow an award in respect of a person's attendance at a course if in the opinion of the authority—

11. —(1) Regulation 25 is amended as follows.

(2) For paragraph (6), substitute—

" (6) Where the authority has come under a duty to bestow an award on a person during an academic year because—

(ii) a refugee or the spouse, civil partner, child of a refugee;

(iii) a person described in paragraph 6(1)(a) of Part 2 of Schedule 5A;

(iv) the child of a Swiss national; or

(b) he has acquired the right of permanent residence within the meaning of Part 1 of Schedule 5A,

they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 17 the amounts referred to in paragraph (8)."

(3) For paragraph (8)(a), substitute—

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

(2) For paragraph (iii), substitute—

     13. —(1) Schedule 3 is amended as follows.

    (2) In paragraph 1(3) of Part 1 for "or a category 2 European student", substitute ", a category 2 European student, a Community right student or a Directive student".

    (3) In paragraph 4(4) of Part 2 for "the Education (Student Support) Regulations 2005", substitute "the Education (Student Support) Regulations 2006[5]".

     14. After Schedule 5, insert—

" SCHEDULE 5A

Regulation 13

ELIGIBLE STUDENTS

PART 1
Interpretation

1.

—(1) For the purposes of this Schedule—

"Directive 2004/38" means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004[

6

"EC national" means a national of a Member State of the European Community;

"EEA frontier self-employed person" means an EEA national who—

"EEA frontier worker" means an EEA national who—

"EEA migrant worker" means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

"EEA national" means a national of an EEA State other than the United Kingdom;

"EEA self-employed person" means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

"EEA State" means a Member State of the European Economic Area;

"employed person" means an employed person within the meaning of Annex 1 to the Switzerland Agreement;

"family member" means—

(b) in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

(c) in relation to an EC national who is not self-sufficient—

(d) in relation to an EC national who is self-sufficient—

(iii) dependent direct relatives in his ascending line or that of his spouse or civil partner;

(e) in relation to a United Kingdom national, for the purposes of paragraph 9—

"person with leave to enter or remain" means a person who—

"right of permanent residence" means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

"self-employed person" means—

"self-sufficient" means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;

7

"Swiss employed person" means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

"Swiss frontier employed person" means a Swiss national who—

"Swiss frontier self-employed person" means a Swiss national who—

"Swiss self-employed person" means a Swiss national who is a self-employed, other than a Swiss frontier self-employed person, in the United Kingdom;

"United Kingdom national" means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;

"worker" means a worker within the meaning of article 7 of Directive 2004/38.

(2) For the purposes of this Schedule, "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child and "child" is to be construed accordingly.

(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in the British Islands or in the territory comprising the European Economic Area and Switzerland if he would have been so resident but for the fact that—

is or was temporarily employed outside the British Islands or, as the case may be, outside the territory comprising the European Economic Area and Switzerland.

(4) For the purposes of sub-paragraph (3), temporary employment outside of the British Islands or the territory comprising the European Economic Area and Switzerland includes—

(5) For the purposes of this Schedule an area which—

is to be considered to have always been a part of the European Economic Area.

PART 2

Categories

Persons with settled status

2.

—(1) A person who—

(2) Paragraph (c) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the British Islands in accordance with paragraph 1(3).

3. A person who—

(a) is settled in the United Kingdom by virtue of having acquired the right of permanent residence;

(b) has been ordinarily resident throughout the three years preceding the first year of the course in the British Islands; and

(c) in a case where his ordinary residence referred to in paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (b).

Refugees and persons with leave to enter or remain
4. A person who is either—

(a) a refugee ordinarily resident in the British Islands who has not ceased to be so resident since he was recognised as a refugee; or

(b) the spouse, civil partner, child or step-child of a person mentioned in sub-paragraph (a).

5. A person who—

(a) is either—

(b) has been ordinarily resident throughout the three years preceding the first year of the course in the British Islands.

Workers, employed persons, self-employed persons and their family members
6. —(1) A person who—

(a) is—

(b) has been ordinarily resident throughout the three years preceding the first year of the course in the territory comprising the European Economic Area and Switzerland.

7. A person who—

(a) has been ordinarily resident throughout the three years preceding the start of the course in the territory comprising the European Economic Area and Switzerland; and

(b) is entitled to support by virtue of article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers[

8

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
8. —(1) A person who—

(a) is settled in the United Kingdom;

(b) left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;

(c) has been ordinarily resident throughout the three years preceding the first year of the course in the territory comprising the European Economic Area and Switzerland; and

(d) in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2) For the purposes of this paragraph, a person has exercised a right of residence if he is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Switzerland Agreement) or a person who has the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Switzerland Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if he goes to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.

EC nationals
9. —(1) A person who—

(a) is either

(b) has been ordinarily resident throughout the three years preceding the first year of the course in the territory comprising the European Economic Area and Switzerland; and

(c) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland was not wholly or mainly for the purpose of receiving full-time education.

    (2) Paragraph (c) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(3).

    (3) Where a state accedes to the European Community after the beginning of the first year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national at the beginning of the first year of the course does not apply.

     10. A person who—

(a) is an EC national other than a United Kingdom national;

(b) has been ordinarily resident throughout the three years preceding the first of the course in the British Islands; and

(c) in a case where his ordinary residence referred to in paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (b).

Children of Swiss nationals
11. A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Switzerland Agreement;

(b) has been ordinarily resident throughout the three years preceding the first year of the course in the territory comprising the European Economic Area and Switzerland; and

(c) in a case where his ordinary residence referred to in paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (b).".

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

Bill Rammell
Minister of State Department for Education and Skills

27th March 2006

SCHEDULERegulation 15

NEW PAYMENT RATES

Provision in the Principal Regulations	Existing figure (£)	New figure (£)
Regulation 21
21(3)	830	850
21(4)	1,130	1,160
21(4)(a)	1,410	1,445
21(4)(b)	1,220	1,250
Schedule 1
Paragraph (i)	1,175 570	1,200 600
Paragraph (ii)	1,100	1,125
Paragraphs (iv), (v), (vi) and (viii)	570	600
Schedule 2, Part 1
Paragraph 2	2,140	2,195
Paragraph 2(2)(a)	2,635	2,700
Paragraph 2(2)(b)	3,065	3,140
Paragraph 3	1,745	1,790
Schedule 2, Part 2
Paragraph 5(2)(a)	50	51
Paragraph 5(2)(b)	75	77
Paragraph 5(2)(b)(i)	96	98
Paragraph 5(2)(b)(ii)	104	107
Paragraph 7(2)	280	285
Paragraph 9(2)(a)	11,840	12,135
Paragraph 9(2)(b)	4,680	4,795
Paragraph 9(2)(c)	1,565	1,605
Schedule 2, Part 3
Paragraph 12(3)	3,445	3,530
Paragraph 13(1)	2,395	2,455
Paragraph 13(1)(b)	3,445	3,530
Paragraph 13(2)(b)(i)	1,050	1,075
Paragraph 13(2)(b)(ii)	3,145	3,225
Paragraph 13(2)(b)(iii) and (iv)	4,195	4,300
Paragraph 13(2)(b)(v)	5,250	5,380
Paragraph 13(4)(a)	1,365	1,400
Paragraph 13(4)(b)	1,365 1,315	1,400 1,350
Paragraph 14(5)(b)(i)	1,050	1,075
Paragraph 14(5)(b)(ii)	3,145	3,225
Paragraph 14(5)(b)(iii) and (iv)	4,195	4,300
Paragraph 14(5)(b)(v)	5,250	5,380
Paragraph 14(7)(b)(i)	1,050	1,075
Paragraph 14(7)(b)(ii)	3,145	3,225
Paragraph 14(7)(b)(iii) and (iv)	4,195	4,300
Paragraph 14(7)(b)(v)	5,250	5,380
Schedule 3, Part 1
Paragraph 1(1)(a)	945	970
Paragraph 1(1)(b)	4,460	4,570
Paragraph 1(1)(q)	3,590	3,680
Schedule 3, Part 2
Paragraph 4(1)	22,010 87	22,560 89
Paragraph 4(2A)	7,250	7,430
Paragraph 6(2)(a)	2,535	2,600
Paragraph 6(2)(d) and (e)	1,990	2,040
Paragraph 6(2)(g)	1,025	1,050
Schedule 3, Part 3
Paragraph 8(2)	18,935 87 7,250	19,410 89 7,430
Schedule 3, Part 3A
Paragraph 10(2)	18,935 87 7,250	19,410 89 7,430
Schedule 4
Paragraph 2(2)	2,055 945	2,105 970
Schedule 5
Paragraph 4(a)	945	970

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Mandatory Awards) Regulations 2003 (S.I. 2003/1994), as amended (the "Principal Regulations"). The Principal Regulations ensure that students who began their courses before 1st September 1998, and certain other students, continue to receive mandatory awards and payments under those awards until the end of their courses.

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 2006. Where an academic year starts before 1st September 2005, but ends after 1st September 2006, the old payment and new payment rates shall be applied proportionally.

Regulation 12 specifies increases in the rates of fee awards in relation to courses at the University of Buckingham, the Guildhall School of Music and Heythrop College. Increases in relation to other fee awards and grants are provided for in regulation 15 and the Schedule to these Regulations.

These Regulations also amend the Principal Regulations in order to implement Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 (OJ L158, 30.04.2004, p77-123) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member states so far as the Directive relates to mandatory awards. Certain categories of person who were not previously eligible for a mandatory award are now so eligible as a result of the Directive. To qualify for a mandatory award a student must, amongst other criteria, be determined by the relevant local authority to fall within Schedule 5A to the Principal Regulations (regulation 10). Schedule 5A sets out all of the categories of person who are potentially eligible for a mandatory award including those who are now so eligible as a result of the Directive. A copy of the Transposition Note in relation to the implementation of the Directive so far as it relates to mandatory awards is available from the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT or on the website of the Office of Public Sector Information at www.opsi.gov.uk. A copy has also been placed in the libraries of both Houses of Parliament.

Regulations 6, 9, 11 and 13 make amendments to the Principal Regulations in consequence of the changes that have been made to Schedule 5A.

These Regulations also revoke in part the Education (Mandatory Awards) (Amendment) Regulations 2005.

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

Notes:

[1] 1962 c. 12; the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c.20); section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c.11), section 4; section 4 was amended by the Education Act 1994 (c.30), Schedule 2, paragraph 2; the entire Act 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

[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).back

[3] S.I. 2003/1994, as amended by S.I. 2004/1038, S.I. 2004/1792 and S.I. 2005/2083.back

[4] S.I. 2005/2083.back

[5] S.I. 2006/119.back

[6] OJ L158, 30.04.2004, p77-123.back

[7] 1971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).back

[8] OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).back

ISBN 0 11 074407 1

Prepared 5 April 2006

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