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The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

Status:

This is the original version (as it was originally made).

Amendment of regulation 3

This section has no associated Explanatory Memorandum

20.—(1) Regulation 3 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a)for the definition of “the 2016 Postgraduate Regulations”(1), substitute –

““the 2016 Master’s Degree Regulations” means the Education (Postgraduate Master’s Degree Loans) Regulations 2016”;

(b)after the definition of “the 2017 Postgraduate Wales Regulations”(2), insert—

““the 2018 Doctoral Degree Regulations” means the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018;”;

(c)in the definition of “the Authority”(3), in paragraph (a) omit “master’s”;

(d)in the definition of “borrower”(4), in paragraph (b) omit “master’s”;

(e)in the definition of “loan purchaser”(5), omit “master’s”;

(f)for the definition of “postgraduate master’s degree loan”(6), substitute –

““postgraduate degree loan” means the total outstanding—

(a)

principal owed by a person to the Authority in respect of –

(i)

a postgraduate master’s degree loan pursuant to Part 1 of the 2016 Master’s Degree Regulations;

(ii)

a postgraduate master’s degree loan pursuant to Part 4 of the 2017 Postgraduate Wales Regulations; or

(iii)

a postgraduate doctoral degree loan pursuant to Part 1 of the 2018 Doctoral Degree Regulations, and

(b)

interest, penalties and charges owed by a person to the Authority pursuant to these Regulations in connection with the loan made pursuant to the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations, or the 2018 Doctoral Degree Regulations,

excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meaning given to it in regulation 7;”;

(g)for the definition of “postgraduate master’s degree loan borrower”(7), substitute –

““postgraduate degree loan borrower” means a person—

(a)

to whom the Authority has lent money in respect of a postgraduate degree loan; and

(b)

who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;”;

(h)in the definition of “repayment”(8), omit “master’s”;

(i)in the definition of “repayment threshold”(9), in paragraph (c) omit “master’s”;

(j)for the definition of “student loan”(10), substitute —

““student loan” means the total outstanding principal, interest, penalties and charges owed by a person—

(a)

to the Secretary of State, pursuant to—

(i)

these Regulations, other than any interest, penalties and charges owed in connection with the 2016 Master’s Degree Regulations or the 2018 Doctoral Degree Regulations; and

(ii)

any other Regulations made under section 22 of the 1998 Act, other than the 2016 Master’s Degree Regulations or the 2018 Doctoral Degree Regulations,

(b)

to the Welsh Ministers, pursuant to—

(i)

these Regulations, other than any interest, penalties and charges owed in connection with the 2017 Postgraduate Wales Regulations; and

(ii)

any other Regulations made under section 22 of the 1998 Act, other than the 2017 Postgraduate Wales Regulations,

excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meanings given to it in regulations 6 and 7;”.

(3) In paragraph (2)(11), for “other than the 2016 Postgraduate Regulations or the 2017 Postgraduate Wales Regulations”, substitute –

“other than the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations”.

(1)

The definition of “the 2016 Postgraduate Regulations” was inserted by S.I. 2017/831.

(2)

The definition of “the 2017 Postgraduate Wales Regulations” was inserted by S.I. 2017/831.

(3)

The definition of “the Authority” was amended by S.I. 2017/831.

(4)

The definition of “borrower” was substituted by S.I. 2017/831.

(5)

The definition of “loan purchaser” was amended by S.I. 2017/831.

(6)

The definition of “postgraduate master’s degree loan” was inserted by S.I. 2017/831.

(7)

The definition of “postgraduate master’s degree loan borrower” was inserted by S.I. 2017/831.

(8)

The definition of “repayment” was amended by S.I. 2017/831.

(9)

The definition of “repayment threshold” was inserted by S.I. 2011/784 and was subsequently substituted by S.I. 2012/1309 and then amended by S.I. 2017/831 and S.I. 2018/284.

(10)

The definition of “student loan” was substituted by S.I. 2017/831.

(11)

Paragraph (2) was inserted by S.I. 2012/1309 and was subsequently amended by S.I. 2013/607 and S.I. 2017/831.

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