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The Education (Mandatory Awards) (Amendment) Regulations 2005

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Explanatory Note

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These Regulations amend the Education (Mandatory Awards) Regulations 2003 (S.I 2003/1994) (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 mandatory awards until the end of their courses.

In addition to minor and drafting amendments, these Regulations make the following changes of substance to the Principal Regulations.

Regulation 6 amends the Principal Regulations so that the new payment rates prescribed in Schedule 1 to these regulations shall only apply in relation to an academic term which commences on or after 1 September 2005. Where an academic year starts before 1st September 2005, but ends after 1st September 2005, the old payment rates and the new payment rates shall be applied proportionally.

Regulation 6 also creates a new category of students who are eligible for mandatory awards in respect of their attendance on courses beginning on or after 1st September 2004. Regulations 9 and 10 make consequential provisions in this regard.

Regulations 6, 8 and 13 amend the Principal Regulations as a consequence of the substitution of relevant provisions of the Education Act 1994 by the Education Act 2005.

Regulation 14 amends the Principal Regulations so as to remove the lone parent grant. Regulation 12 makes various consequential changes in this regard.

Regulation 11 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 16 and set out in Schedule 1 to these regulations.

Regulation 17 and Schedule 2 amend the Principal Regulations to enable persons who form civil partnerships to benefit from certain grants under the Regulations and also to enable the income of a person’s civil partner to be taken into account when calculating a student’s resources. Regulation 18 provides that these modifications do not take effect whilst section 1 of the Civil Partnership Act 2004 (c. 33) is not in force.

These Regulations also revoke the Education (Mandatory Awards) (Amendment) (No.2) Regulations 2004 and partially revoke the Education (Mandatory Awards) (Amendment) Regulations 2004.

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

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