The Further Education Loans (Amendment) Regulations 2017

Made: 9th March 2017

Laid before Parliament: 10th March 2017

Coming into force: 1st April 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 22(1) and (2) and 42(6) of the Teaching and Higher Education Act 1998[^f00001].

Citation and commencement

1

These Regulations may be cited as the Further Education Loans (Amendment) Regulations 2017 and come into force on 1st April 2017.

Amendment of the Further Education Loans Regulations 2012

2

The Further Education Loans Regulations 2012[^f00002] (the “2012 Regulations”) are amended as follows.

Amount of the fee loan

3

In regulation 16 (amount of the fee loan), after paragraph (3) insert—

(4) The amount of a fee loan in respect of a further education course beginning in the period beginning on 1st August 2017 and ending on 31st July 2018 must not exceed the lesser of— (a) the maximum loan amount available in connection with that further education course determined in accordance with Schedule 3, or (b) the amount which the institution is charging the eligible student for the further education course.

Long residence category

4

In Part 2 of Schedule 1 (eligible student categories), for paragraph 13 (long residence) substitute—

(13) (1) A person— (a) who on the first day of a designated further education course has, preceding the first day of the further education course, lived in the United Kingdom throughout either— (i) half their life; or (ii) a period of twenty years; (b) who is ordinarily resident in the United Kingdom; (c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education course; and (d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).

Insertion of Schedule 3

5

After Schedule 2, insert Schedule 3 which is set out in the Schedule to these Regulations.

SCHEDULE — THE SCHEDULE TO BE INSERTED AFTER SCHEDULE 2 TO THE 2012 REGULATIONS

Signed

Robert Halfon — Minister of State for Apprenticeships and Skills — Department for Education — 9th March 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Further Education Loans Regulations 2012 (S.I. 2012/1818) (the “2012 Regulations”).

Regulation 3 amends regulation 16 of the 2012 Regulations to set out the basis for arriving at the maximum loan amounts for fees for courses beginning in the period beginning 1st August 2017 and ending on 31st July 2018.

Regulation 4 substitutes a new paragraph for paragraph 13 of Schedule 1 to the 2012 Regulations, which sets out the “long residence” category of eligibility, to correct a syntactical error.

Regulation 5 inserts Schedule 3 into the 2012 Regulations, which contains the tables that are used to calculate the maximum loan amount for a qualification.

The GLH and Learning Aim Reference of a further education course can be found on Ofqual’s Register of Qualifications at http:/register.ofqual.gov.uk/Download. Copies are available from the Department for Education on request.

An impact assessment has not been produced for this instrument as it has no impact on businesses and civil society organisations. The instrument has no impact on the public sector.

Footnotes

[^f00001]: 1998 c.30. Section 22(1) was amended by the Learning and Skills Act 2000 (c.21) and there are amendments to section 22(2) which are not relevant to these Regulations. See section 43(1) of the Teaching and Higher Education Act 1998 for the definition of “prescribed” and “regulations”.

[^f00002]: S.I. 2012/1818, amended by S.I. 2014/290, 2014/1766, 2015/181 and 2016/238.