Statutory Instrument 1996 No. 1754 (S. 145)

The Students' Allowances (Scotland) Regulations 1996

---

© Crown Copyright 1996

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Students' Allowances (Scotland) Regulations 1996, ISBN 0110553969. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1996 No. 1754 (S. 145)

EDUCATION, SCOTLAND

The Students' Allowances (Scotland) Regulations 1996

The Secretary of State, in exercise of the powers conferred on him by sections 73(f) and 74(1) of the Education (Scotland) Act 1980^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Students' Allowances (Scotland) Regulations 1996 and shall come into force on 1st August 1996.

Interpretation
    2.—(1)  In these Regulations-
"allowance" means an allowance paid or to be paid under these Regulations;
"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992^[2] as adjusted by the Protocol thereto signed at Brussels on 17th March 1993^[3];
"EEA State" means a State which is a Contracting Party to the EEA Agreement;
"employed" includes holding any office or any occupation for gain;
"European Economic Area" means the area of the EEA States and includes those States at any time before the EEA Agreement comes into force in relation to them;
"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 Economic Community (including the United Kingdom) as constituted from time to time;
"parent" includes step-parent;
"qualifying day" in relation to a course of education for which an allowance is sought means-
 (a) as respects a course starting in the autumn term of any year, 30th June in that year;
 (b) as respects a course starting in the spring term of any year, 31st October in the year preceding that year; and
 (c) as respects a course starting in the summer term of any year, the last day of February in that year;


"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^[4] as extended by the Protocol thereto which entered into force on 4th October 1967^[5];
"relevant date" in relation to a course of education for which an allowance is sought means-
 (a) as respects a course starting in the autumn term of any year, the earlier of 31st August in that year or the first day of that term;
 (b) as respects a course starting in the spring term of any year, the earlier of 31st December in the year preceding that year or the first day of that term; and
 (c) as respects a course starting in the summer term of any year, the earlier of 31st March in that year or the first day of that term.

    (2)  In these Regulations, except where the context otherwise requires, any reference-
 (a) to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations; and
 (b) in a regulation or Schedule to a numbered paragraph is a reference to the paragraph so numbered in that regulation or Schedule, as the case may be.

Persons eligible for allowances
    3.—(1)  The Secretary of State may pay an allowance, in accordance with the provisions of section 73(f) of the Education (Scotland) Act 1980 and these Regulations, to or in respect of any person attending a course of education who is a person described in one or more paragraphs of Schedule 1.

    (2)  Schedule 2 shall have effect as regards determining whether a person is to be treated, for the purposes of Schedule 1, as being, or having been, ordinarily resident in a place at or for a particular time.

Amount of allowances
    4.—(1)  The amount of an allowance shall be determined by the Secretary of State and, subject to paragraph (2), may include sums in respect of-
 (a) tuition and other fees payable in respect of the holder of the allowance;
 (b) travelling expenses necessarily incurred, or to be incurred, by the holder in attending the course of education in respect of which the allowance is awarded;
 (c) the maintenance of the holder and of any persons dependent on him during periods of full time study and during vacations;
 (d) other expenses incurred, or to be incurred, by the holder in taking advantage of educational facilities.

    (2)  An allowance payable to or in respect of a person who is eligible for an allowance only by virtue of paragraph 4 of Schedule 1 may include sums only in respect of tuition and other fees payable in respect of that person.

    (3)  In determining the amount of an allowance, the Secretary of State shall take account of the sums, if any, which, in accordance with principles determined by him from time to time, the holder, the holder's parents and the holder's spouse can reasonably be expected to contribute towards the holder's expenses.

    (4)  The amount of the determination of an allowance may be revised at any time if the Secretary of State thinks fit having regard to-
 (a) the failure of the holder to comply with the requirements of the allowance;
 (b) all the circumstances of the holder or his parents or both as the case may be; or
 (c) any error made in determining the amount of, or entitlement to, the allowance.

Conditions and requirements of allowances
    5.—(1)  The following shall be conditions of payment of every allowance for each academic year:-
 (a) an application in writing shall be received by the Secretary of State by such date as he may determine in respect of that year, and different dates may be determined by him in respect of different courses; and
 (b) that application shall include an undertaking by the applicant to repay to the Secretary of State any amount of which the Secretary of State requests repayment following a revisal in terms of regulation 4(4).

    (2)  The Secretary of State may treat an application received after any date determined for the purposes of paragraph (1)(a) as having been received by that date where he considers that, having regard to the circumstances of the particular case, it should be so treated.

    (3)  Every allowance shall be held subject to the following requirements:-
 (a) the holder shall attend regularly the course of education in respect of which the allowance is awarded;
 (b) the Secretary of State shall be satisfied as to the conduct and progress of the holder;
 (c) the holder shall provide the Secretary of State with such information and such documents as he may from time to time require to enable him to exercise his functions under these Regulations; and
 (d) the holder shall repay to the Secretary of State any sum in respect of which he has given an undertaking in terms of paragraph (1)(b) and which falls to be repaid following a revisal in terms of regulation 4(4).

Method of payment
    6.—(1)  The allowance may be paid to the holder or to another person for his behoof, or in part to the holder and in part to the said other person, and any sum in respect of fees payable to an educational institution which is included in the amount of the allowance may be paid on behalf of the holder to the institution.

    (2)  The allowance may be paid in a single payment or by instalments as the Secretary of State thinks fit, but no payment shall be made before the holder has been accepted for admission to the course of education in respect of which the allowance is awarded.

Revocations and saving
    7.—(1)  Subject to paragraphs (2) and (3), the Regulations specified in column (1) of Schedule 3 are hereby revoked to the extent set out in column (3) thereof.

    (2)  The Regulations revoked by Schedule 3 shall continue to apply in all respects as regards allowances awarded under those Regulations.

    (3)  The provisions of paragraph (2) are without prejudice to the general operation of sections 16 and 17 of the Interpretation Act 1978^[6].

Raymond S Robertson

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

2nd July 1996

[1] 1980 c. 44; section 74(1) was amended by paragraph 8(17) of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39). back

[2] Cmnd 2073. back

[3] Cmnd 2183. back

[4] Cmnd 9171. back

[5] Cmnd 3906 (Out of print: photocopies are available, free of charge, from the Students Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, South Gyle, Edinburgh, EH12 9HH). back

[6] 1978 c. 30. back

Explanatory Note