Statutory Instruments
2005 No. 1718
EDUCATION, ENGLAND AND WALES
The Education (Student Loans) (Amendment) (England and Wales) Regulations 2005
Made
28th June 2005
Laid before Parliament
7th July 2005
Coming into force
1st August 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred upon her by section 1(1), (2) and (7) of and paragraph 1 of Schedule 2 to the Education (Student Loans) Act 1990( 1 ), hereby makes the following Regulations:
Citation, commencement, application and interpretation
1. These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2005 and shall come into force on 1st August 2005.
2. These Regulations do not apply in or as regards Scotland( 2 ).
3. In these Regulations “the Principal Regulations” means the Education (Student Loans) Regulations 1998( 3 ).
Revocation
4. The regulations mentioned in Schedule 1 are revoked to the extent provided for in that Schedule.
Amendment of the Principal Regulations
5. —(1) Regulation 6 of the Principal Regulations is amended in accordance with this regulation.
(2) In paragraphs (1) to (4), for each of the figures in the first column, wherever it appears, substitute the corresponding figure in the second column below:
| First Column (£) | Second Column (£) |
|---|---|
| 1,125 | 1,155 |
| 1,810 | 1,855 |
| 1,535 | 1,575 |
| 2,480 | 2,540 |
| 1,465 | 1,505 |
| 2,005 | 2,055 |
6. Regulation 3(4) of, and Schedule 1 to, the Principal Regulations are amended in accordance with Schedule 2.
Modifications applying whilst the Civil Partnership Act 2004 is not in force
7. During such time as section 1 of the Civil Partnership Act 2004( 4 ) is not in force in England and Wales, the amendments to the Principal Regulations made by regulation 6 and Schedule 2 to these Regulations shall not have effect.
Bill Rammell
Minister of State
Department for Education and Skills
28th June 2005
Regulation 4
SCHEDULE 1 Revocation
| Regulations revoked | References | Extent of revocation |
|---|---|---|
| The Education (Student Loans) (Amendment) Regulations 1998 | S.I. 1998/1676 | Regulation 5 |
| The Education (Student Loans) (Amendment) (England and Wales) Regulations 2000 | S.I. 2000/1804 | Regulation 5 |
| The Education (Student Loans) (Amendment) (England and Wales) Regulations 2001 | S.I. 2001/1627 | Regulation 3 |
| The Education (Student Loans) (Amendment) (England and Wales) Regulations 2002 | S.I. 2002/1329 | Regulation 4 |
| The Education (Student Loans) (Amendment) (England and Wales) Regulations 2003 | S.I. 2003/1647 | The whole Regulations |
| The Education (Student Loans) (Amendment) (England and Wales) Regulations 2004 | S.I. 2004/1030 | The whole Regulations |
Regulation 6
SCHEDULE 2 Civil Partnerships
8. In regulation 3(4) after “his spouse”, insert “or civil partner”.
9. In Schedule 1—
(a) in paragraph 2 after “spouse,”, insert “civil partner,”;
(b) in paragraph 3 after “spouse” in both places it occurs, insert “, civil partner”; and
(c) in paragraph 5 after “spouse”, insert “or civil partner”.
1990 c. 6 , amended by the Education (Student Loans) Act 1996 (c. 9) , section 1(1) and the Schedule, by the Education Act 1996 (c. 56) , Schedule 37 paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1) , sections 1 to 3. The entire Act was repealed on 13th August 1998 by the Teaching and Higher Education Act 1998 (c. 30) , section 44(2) and Schedule 4, subject to transitional and saving provisions in the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998/2004 ). The saving provisions include provision for making subordinate legislation after the date of repeal.
The Secretary of State’s functions under the Education (Student Loans) Act 1990 were transferred, in or as regards Scotland, to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) , read with article 3 of and paragraph 11 of Schedule 1 to the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748 ).
S.I. 1998/211 , as amended, in relation to England and Wales, by S.I. 1998/1676 , S.I. 1998/2005 , S.I. 1999/1784 , S.I. 2000/1804 , S.I. 2001/1627 , S.I. 2002/1329 , S.I. 2002/1433 , S.I. 2003/1647 and S.I. 2004/1030 .