APPENDIX 2
Memorandum by the Department
for Education and Employment
EDUCATION
(STUDENT
SUPPORT)
(EUROPEAN
INSTITUTIONS)
(AMENDMENT)
REGULATIONS
2000 (S.I. 2000/923)
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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