Statutory Instrument 1994 No. 3042

The Education (Fees and Awards) Regulations 1994

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© Crown Copyright 1994

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1994 No. 3042

EDUCATION, ENGLAND AND WALES

The Education (Fees and Awards) Regulations 1994

The Secretary of State for Education, in exercise of the powers conferred on the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983^[656], hereby makes the following Regulations:

Citation, operation and extent
    1.—(1)  These Regulations may be cited as the Education (Fees and Awards) Regulations 1994 and shall come into force on 1st January 1995.

    (2)  These Regulations do not extend to Scotland.

Interpretation
    2.—(1)  In these Regulations—
"award" means a fees award or a maintenance award or both as the context may require;
"education" includes post-graduate research otherwise than in the course of employment;
"education authority" means a local education authority;
"employment" means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and "employed" shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
"European Economic Area" means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time and, subject to the conditions laid down in the EEA Agreement, by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;
"fees" includes charges however described;
"fees award" means an award in respect only of any fees payable by the student other than any element of those fees representing or attributable to charges for his maintenance;
"the Islands" means the Channel Islands and the Isle of Man;
"maintenance award" means any award other than a fees award;
"national of a member State of the European Community" means a person who is a national for the purposes of the Community Treaties of any member State of the European Community (including the United Kingdom) as constituted from time to time;
"parent", in relation to a student, includes a guardian and any other person having actual custody of the student during his minority;
"refugee" means a person who is recognised by Her Majesty's Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951^[657] as extended by the Protocol hereto which entered into force on 4th October 1967^[658] and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;

    (2)  In these Regulations a reference to a person's son or daughter includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the person concerned is the mother or in whose case he has admitted paternity or been adjudged the putative father.

    (3)  For the purposes of these Regulations an area which—
 (a) was not part of the area comprised by the member States of the European Community or by the European Economic Area, but
 (b) at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.

    (4)  Notwithstanding section 11 of the Interpretation Act 1978^[659] section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purpose of the interpretation of these Regulations.

    (5)  In these regulations, unless the context otherwise requires, a reference to a regulation, Part or Schedule is a reference to a regulation or Part of these Regulations or to a Schedule thereto, a reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.

Lawful acts
    3.—(1)  Nothing in Part II shall be construed as rendering unlawful any discrimination arising from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise) if it would have been lawful had these Regulations not been made.

    (2)  Nothing in Part III, IV or V shall be construed as rendering unlawful any discrimination arising from any rule of eligibility for an award if it would have been lawful had these Regulations not been made.

[656] 1983 c. 40, amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91, by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19, and by the Education Act 1994 (c. 30), Schedule 2, paragraph 7. back

[657] Cmd. 9171. back

[658] Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Higher Education Branch, Awards and Loans Group, Room 1A3, the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT). back

[659] 1978 c. 30. back

Explanatory Note