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The Further Education Loans Regulations 2012

Type Statutory-Instrument
Publication 2012-07-11
Last updated 2025-03-06
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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  • (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and
  • (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
  • (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Children of Turkish workers

12

A person who—

  • (a) is the child of a Turkish worker;
  • (b) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and
  • (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the designated further education course.

SCHEDULE 2 — INFORMATION

1

Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State requires for the purposes of these Regulations.

2

An applicant or eligible student must inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—

  • (a) they withdraw from or abandon their further education course;
  • (b) they are expelled from their further education course;
  • (c) they transfer to another further education course (whether at the same institution or not);
  • (d) they are absent from their further education course for more than 60 days due to illness;
  • (e) they are suspended from their further education course (whether at their request or not);
  • (f) the month for the start or completion of their further education course changes;
  • (g) their home or term-time address or telephone number changes;
  • (h) their name changes.
3

Information provided to the Secretary of State pursuant to these Regulations must be in the format that the Secretary of State requires and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

Signed

John Hayes — Minister of State for Further Education, Skills and Lifelong Learning — Department for Business, Innovation and Skills — 11th July 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for fee loans for students taking designated further education courses which begin on or after 1st September 2013.

Regulation 3 makes provisions about which students are eligible for a fee loan. Prisoners studying in English prisons for all or part of a further education course may be eligible for a loan. Regulation 3(2) prohibits an eligible student from having more than one fee loan at any time.

Regulation 4 makes provision about which types of further education courses are designated for the purposes of the fee loan system. Loans are available for full time and part time courses and for distance learning courses. Regulations 5, 8 and 9 make provision for the time periods during which a student is eligible for a fee loan and how transfers to alternative further education courses affect eligibility.

Part 3 makes provision for the application process. A student cannot apply for a fee loan retrospectively.

Part 4 explains how many loans a student may be entitled to. A student is entitled to a maximum of 4 loans and may be entitled to others at the discretion of the Secretary of State. Regulation 15(4) prohibits an eligible student from having more than one fee loan at any one time.

Part 5 makes provision for the payment of a fee loan following confirmation of attendance from the course provider.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the BIS website (www.bis.gov.uk). It is also annexed to the Explanatory Memorandum which is available alongside the Regulations on the OPSI website (www.opsi.gov.uk).

Footnotes

1

1998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003 (c.14), section 147, the Higher Education Act 2004 (c.8), sections 42 and 43 and Schedule 7, the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), section 257 and the Education Act 2011 (c.21) section 76. See section 43(1) of the 1998 Act for the definition of “prescribed” and “regulations”.

2

In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the Welsh Ministers under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22.

3

OJL158, 30.4.2004, p77.

4

2002 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19), section 26 and Schedule 2 and the Immigration, Asylum and Nationality Act 2006 (c.13), section 9.

5

Cmnd. 9171.

6

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Finance Policy Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

7

1990 c.6; repealed by the Teaching and Higher Education Act 1998, Schedule 4.

8

S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

9

S.I. 1998/1760 (N.I. 14) to which there have been amendments not relevant to these Regulations.

10

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c.61).

11

Cm. 4904.

12

OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).

Editorial notes

13

Sch. 1 para. 1 in force at 1.9.2012, see reg. 1(1)

14

Sch. 1 para. 3 in force at 1.9.2012, see reg. 1(1)

15

Sch. 1 para. 6 in force at 1.9.2012, see reg. 1(1)

16

Sch. 1 para. 7 in force at 1.9.2012, see reg. 1(1)

17

Sch. 1 para. 8 in force at 1.9.2012, see reg. 1(1)

18

Sch. 1 para. 11 in force at 1.9.2012, see reg. 1(1)

19

Sch. 2 para. 2 in force at 1.9.2012, see reg. 1(1)

20

Sch. 1 para. 5 in force at 1.9.2012, see reg. 1(1)

21

Sch. 1 para. 9 in force at 1.9.2012, see reg. 1(1)

22

Sch. 1 para. 10 in force at 1.9.2012, see reg. 1(1)

23

Sch. 1 para. 12 in force at 1.9.2012, see reg. 1(1)

24

Sch. 1 para. 2 in force at 1.9.2012, see reg. 1(1)

25

Reg. 4 in force at 1.9.2012, see reg. 1(1)

26

Reg. 5 in force at 1.9.2012, see reg. 1(1)

27

Reg. 2 in force at 1.9.2012, see reg. 1(1)

28

Reg. 3 in force at 1.9.2012, see reg. 1(1)

29

Reg. 9 in force at 1.9.2012, see reg. 1(1)

30

Reg. 22 in force at 1.9.2012, see reg. 1(1)

31

Reg. 8 in force at 1.9.2012, see reg. 1(1)

32

Reg. 24 in force at 1.9.2012, see reg. 1(1)

33

Reg. 18 in force at 1.9.2012, see reg. 1(1)

34

Reg. 1 in force at 1.9.2012, see reg. 1(1)

35

Reg. 10 in force at 1.9.2012, see reg. 1(1)

36

Reg. 12 in force at 1.9.2012, see reg. 1(1)

37

Reg. 14 in force at 1.9.2012, see reg. 1(1)

38

Reg. 17 in force at 1.9.2012, see reg. 1(1)

39

Reg. 19 in force at 1.9.2012, see reg. 1(1)

40

Reg. 20 in force at 1.9.2012, see reg. 1(1)

41

Reg. 21 in force at 1.9.2012, see reg. 1(1)

42

Reg. 23 in force at 1.9.2012, see reg. 1(1)

43

Sch. 1 para. 4 in force at 1.9.2012, see reg. 1(1)

44

Sch. 2 para. 1 in force at 1.9.2012, see reg. 1(1)

45

Sch. 2 para. 3 in force at 1.9.2012, see reg. 1(1)

62

Sch. 1 para. 13 inserted (with application in accordance with reg. 2(2) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016 (S.I. 2016/584), regs. 1(2), 6(2)

66

Words in Sch. 3 Pt. 2 Table 1 Notes omitted (1.4.2018) by virtue of The Further Education Loans (Amendment) Regulations 2018 (S.I. 2018/182), regs. 1, 5

71

Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 39(2)

72

Reg. 3(7B) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 39(3)

75

Words in reg. 2 inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(4)(a)

76

Words in reg. 2 inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(4)(a)

77

Reg. 3(7C) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(4)(b)

78

Sch. 1 para. 4E inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 14(4)

80

Words in reg. 2 inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 14(2)

81

Sch. 1 para. 4A(1) substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 21(2)(a)

84

Sch. 1 para. 4B substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 21(3)

85

Sch. 1 para. 4D substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 21(4)

86

Sch. 1 para. 5(1) substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 21(5)(a)

161

Sch. 1 para. 9BB inserted (23.12.2021 with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 36(3)(i)

162

Words in reg. 2(1) inserted (23.12.2021 with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 34(1)

163

Words in reg. 2(1) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(1)(a)

164

Words in reg. 2(1) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(1)(b)

166

Reg. 3(8A) inserted (23.12.2021 with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 34(2)(b)

167

Word in reg. 3(10)(a)(i) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(2)(a)

168

Word in reg. 3(2)(a)(i) inserted (23.12.2021 with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 34(2)(a)

169

Word in reg. 3(2)(a)(i) inserted (23.12.2021 with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 36(1)

170

Words in reg. 3(10)(a)(ii) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(2)(b)

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