The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/599 |
(1) These Regulations may be cited as the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 and come into force on 11th June 2018.(2) Part 1 of these Regulations applies in relation to England only.(3) Parts 1 and 2 of these Regulations apply in relation to the provision of a loan to students in relation to a postgraduate doctoral degree course which begins on or after 1st August 2018 whether anything done under these Regulations is done before, on or after 1st August 2018.(4) Regulation 60(3) does not apply in relation to an applicant who, before the date on which these Regulations come into force, makes an application under the Education (Postgraduate Master's Degree Loans) Regulations 2016 (1) For the purposes of Part 1—
- “the 1998 Act” means the Teaching and Higher Education Act 1998;
- F81“the 2017 Act” means the Higher Education and Research Act 2017;
- “the 2016 Master's Degree Regulations” means the Education (Postgraduate Master's Degree Loans) Regulations 2016;
- “academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
- “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
- “authority-funded” means—
- (a) ...
- (b) in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales ;
- (c) in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; and
- (d) in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- “course” means a taught programme of study, a programme of research, or a combination of both, and which may include one or more periods of work experience, and which leads, on successful completion, to the award of a postgraduate doctoral degree but not –
- (a) a higher doctorate; or
- (b) a doctorate by publication;
- “designated course” means a course designated by or under regulation 4;
- “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
- “distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—
- (a) for the purposes of registration or enrolment or any examination;
- (b) on a weekend or during any vacation; or
- (c) on an occasional basis during the week;
- “electronic signature” is so much of anything in electronic form as—
- (a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
- (b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
- “eligible prisoner” means a prisoner—
- (a) who is serving a sentence of imprisonment in the United Kingdom;
- (b) has been authorised by the prison Governor or Director or other appropriate authority to study the designated course; and
- (c) whose earliest release date is within 8 years of the first day of the first academic year of the designated course;
- “eligible student” has the meaning given in regulation 3;
- F83“English higher education provider” has the meaning given by section 83(1) of the 2017 Act;
- “equivalent or higher qualification” means a qualification determined in accordance with paragraph (2) to be an equivalent or higher qualification;
- “EU national” means a national of a Member State of the EU;
- “fees” has the meaning given in F84section 85(2) of the 2017 Act;
- “healthcare bursary” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
- “information” includes documents;
- F85“institution” in relation to England includes an English higher education provider as defined by section 83(1) of the 2017 Act;
- “Islands” means the Channel Islands and the Isle of Man;
- F86“OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;
- “period of eligibility” has the meaning given in regulation 5 in relation to an eligible student;
- “periods of work experience” means—
- (a) periods of industrial, professional or commercial experience associated with the designated course at an institution, but at a place outside that institution;
- (b) periods during which a student is employed and residing in a country whose language is one that the student is studying for that student's designated course (provided that the period of residence in that country is a requirement of that student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course) ;
-
F99“person granted Calais leave” means a person who—
- (a) has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and
- (b) has been ordinarily resident in the United Kingdom and Islands since the person was first granted such leave;
- “person granted humanitarian protection” means a person—
- (a) who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971 ;
- (b) whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ) ; and
- (c) who has been...
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