Joint Committee on Statutory Instruments Nineteenth Report


Memorandum by the Department for Education and Employment


  1. The Committee have asked the Department for a memorandum on the following point:

    "The Explanatory Note states that regulation 3 amends regulation 3 of the 1999 Regulations to include an additional eligibility requirement, namely that where a student has previously undertaken postgraduate study of more than two years, an award will not normally be made in respect of any of the three institutions, except at the discretion of the Secretary of State. Explain how this explanation is consistent with the text of new sub-paragraph (e) of regulation 3(1) of the 1999 Regulations (as inserted by regulation 3), and indicate whether the intention of the amendment is correctly reflected by that text or the Explanatory Note."

  2. The Department's intention in adding new sub-paragraph (e) to regulation 3(1) of the Education (Student Support) (European Institutions) Regulations 1999 was to add the further eligibility requirement for support for study at any of the three institutions that before the beginning of the course the student must not have held some other statutory award in respect of his attendance at a postgraduate course for a period greater than two years, unless the Secretary of State otherwise directs. The Department regrets that an error was made in the drafting of regulation 3(c) so that the intended effect of the amendment was not achieved, with the consequence that the text of the amendment is at variance with the explanation in the Explanatory Note.

  3. The Department is grateful to the Committee for drawing the Department's attention to this error for which it wishes to apologise. Amending Regulations to correct the error will be made as soon as possible.

27th April 2000

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