PART 2Amendment of the Education (Student Loans) (Repayment) Regulations 2009

Amendment of Part 1 (general)

Amendments to regulation 3 (interpretation)I15

1

In regulation 3(1)—

a

after the definition of “the 2008 Act” (which is omitted by sub-paragraph (q)) insert—

  • “the 2000 (Scotland) Regulations” means the Repayment of Student Loans (Scotland) Regulations 20006;

b

for the definition of “the Authority” substitute—

  • “the Authority” means—

    1. a

      in relation to a plan 1, 2 or 3 loan and subject to regulation 7—

      1. i

        the Welsh Ministers in the case of a loan made or deemed made by them, or

      2. ii

        the Secretary of State in any other case;

    2. b

      in relation to a plan 4 loan—

      1. i

        the Scottish Ministers, or

      2. ii

        a person exercising functions in accordance with arrangements made under section 73A(3) of the Education (Scotland) Act 1980;

    3. c

      in relation to a plan 5 loan and subject to regulation 7, the Secretary of State;

c

for the definition of “borrower” substitute—

  • “borrower” means a person—

    1. a

      in respect of whom a student loan has been paid, and

    2. 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;

d

after the definition of “borrower” insert—

  • “country” includes territory;

  • “country-specific multiplier” means the country-specific multiplier calculated in accordance with regulation 8A;

e

after the definition of “eligible borrower” (which is omitted by sub-paragraph (q)) insert—

  • “eligible course” means any of the following—

    1. a

      a course for the Certificate of Higher Education;

    2. b

      a course for the Diploma of Higher Education;

    3. c

      a course for the Higher National Certificate or Higher National Diploma of—

      1. i

        the Business and Technician Education Council, or

      2. ii

        the Scottish Qualifications Authority;

    4. d

      a foundation degree course;

    5. e

      an ordinary degree course;

f

in the definition of “loan purchaser”, for “one or more student loans or postgraduate degree loans made pursuant to Regulations made under section 22 of the 1998 Act” substitute “a plan 1 loan”;

g

after the definition of “part-time” (which is omitted by sub-paragraph (q)) insert—

  • “plan 1 loan” has the meaning given in regulation 3A;

  • “plan 2 loan” has the meaning given in regulation 3B;

  • “plan 3 loan” has the meaning given in regulation 3C;

  • “plan 4 loan” has the meaning given in regulation 3D;

  • “plan 5 loan” has the meaning given in regulation 3E;

h

after the definition of “postgraduate degree loan borrower” (which is omitted by sub-paragraph (q)) insert—

  • “principal” has the meaning given in regulation 4(3);

i

for the definition of “repayment” substitute—

  • “repayment” has the meaning given in regulation 4(2);

j

for the definition of “repayment threshold” substitute—

  • “repayment threshold” means the repayment threshold set out in, or calculated in accordance with, Schedule 1A;

k

after the definition of “repayment threshold” insert—

  • “repayment threshold variable” means the repayment threshold variable calculated in accordance with regulation 8B;

l

after the definition of “repayment threshold year” insert—

  • “residence” has the same meaning as in the Taxes Acts (whether in relation to the United Kingdom or any other country);

  • “retail price index” means the RPI All Items Index published by the Office for National Statistics7;

m

after the definition of “Secretary of State” insert—

  • “standard interest rate” means, in relation to a loan, the greater of—

    1. a

      zero, or

    2. b

      the percentage increase in the retail price index between the two Marches immediately before the commencement of the academic year in which the loan bears interest8;

n

for the definition of “student loan” substitute—

  • “student loan” means any of the following—

    1. a

      a plan 1 loan;

    2. b

      a plan 2 loan;

    3. c

      a plan 3 loan;

    4. d

      a plan 4 loan;

    5. e

      a plan 5 loan;

o

after the definition of “Teachers’ Regulations” (which is omitted by sub-paragraph (q)) insert—

  • “transfer arrangements” means—

    1. a

      transfer arrangements made under section 1(1) or 9(1) of the Sale of Student Loans Act 2008, and

    2. b

      further transfer arrangements made under section 3(1) of that Act (if any);

p

for the definition of “transferred loan” substitute—

  • “transferred loan” means a plan 1 loan in respect of which transfer arrangements are made;

q

omit the definitions of the following expressions—

  • “the 1988 Act”;

  • “the 2005 Act”;

  • “the 2007 Act”

  • “the 2008 Act”;

  • “the 2011 Welsh Regulations”;

  • “the 2016 Master’s Degree Regulations”;

  • “the 2017 Master’s Degree Wales Regulations”;

  • “the 2018 Doctoral Degree Regulations”;

  • “the 2018 Doctoral Degree Wales Regulations”;

  • “Access to HE Diploma”;

  • “designated course”;

  • “eligible borrower”;

  • “eligible employment”;

  • “eligible teacher”;

  • “overseas provisions”;

  • “part-time”;

  • “post-2012 student loan”;

  • “postgraduate degree loan”;

  • “postgraduate degree loan borrower”;

  • “relevant percentage difference in average earnings”;

  • “Scottish student loan”;

  • “student loan borrower”;

  • “tax year 2009–10”;

  • “Teachers’ Regulations”.

2

Omit regulation 3(2).