Citation, commencement and interpretation

1. These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 and shall come into force on 1 ^st September 2004.

2. In these Regulations, “the 2002 Regulations” means the Education (Student Support) (No. 2) Regulations 2002( 2 ).

3. In these Regulations, “the 2004 Regulations” means the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004( 3 ).

Amendment of the 2004 Regulations

4. The 2002 Regulations are amended as follows.

5. In regulation 17A (as inserted by regulation 10 of the 2004 Regulations), in place of paragraph (2) as so inserted, substitute the following:

“ (2) An eligible student shall not be eligible for a grant under paragraph (1) unless he is on a course which begins on or after 1 ^st September 2004, and for the purpose of this paragraph “course” shall not include:

(a) an end-on course which relates to a course which begins before 1 ^st September 2004; or

(b) a course attended by an eligible student –

(i) which begins on or after 1 ^st September 2004; and

(ii) to which that student transferred his eligibility under regulation 7 of these Regulations from a course which began before 1 ^st September 2004. ”

6. In regulation 27 (as substituted by Schedule 1 to the 2004 Regulations), in place of paragraph (3) as so substituted, substitute the following:

“ (3) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for assistance if, in respect of each year of his part-time course, he is resident in England and Wales on the first day of the academic year. ”

7. In Schedule 3 (as inserted by Schedule 2 to the 2004 Regulations), in place of paragraph 4(6) as so inserted, substitute the following:

“ (6) Where the eligible student’s parent satisfies the Secretary of State that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then any reference in this Schedule to a preceding financial year shall mean the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession. ”