Education (Discretionary Grants – General) (Amendment No. 5) (Jersey) Order 2016

Made                                                                   19th December 2016

Coming into force                                                     1st January 2017

THE MINISTER FOR EDUCATION, in pursuance of Articles 51 and 68 of the Education (Jersey) Law 1999[1], orders as follows –

1        Interpretation

In this Order “principal Order” means the Education (Discretionary Grants – General) (Jersey) Order 2008[2].

2        Article 7 amended

In Article 7 of the principal Order, for the words “the University of Oxford or the University of Cambridge, any college fees or dues at that University,” there are substituted the words “the University of Cambridge, any college fees or dues”.

3        Article 15 amended

In Article 15(1) of the principal Order, for the words “who has been awarded a student” there are substituted the words “who is eligible for consideration for a”.

4        Article 17 amended

In Article 17 of the principal Order –

(a)     in paragraph (1)(a), for the words “parent; or” there are substituted the words “parent;”;

(b)     in paragraph (1)(b), for the words “student.” there are substituted the words “student;”;

(c)     after paragraph (1)(b) there is added the following sub-paragraph –

“(c)    not later than 31st December of the academic year to which the application relates.”;

(d)     in paragraph (3)(b), before the words “details of” there are inserted the words “subject to paragraph (3A),”;

(e)     after paragraph (3) there is inserted the following paragraph –

“(3A) The details of relevant income and relevant assets referred to in paragraph (3)(b) shall be submitted in such form as the Minister may require by not later than 31st March of the academic year to which the application relates.”.

5        Article 19 substituted

For Article 19 of the principal Order there is substituted the following Article –

“19    Withdrawal of grant or allowance in cases of failure etc.

If, at any time after a grant has been awarded or an allowance has been paid to a student in respect of a course –

(a)     the student abandons the course;

(b)     the student fails all or any part of the course; or

(c)     the institution running the course refuses to allow the student to complete it,

that grant or allowance shall be withdrawn or stopped and the grant or allowance shall be repayable under the terms of the undertaking given under Article 21.”.

6        Article 21 substituted

For Article 21 of the principal Order there is substituted the following Article –

“21    Undertaking to repay grant or allowance

(1)     An award of a grant or the payment of an allowance in respect of a course shall not be made until the student or, where the student is under the age of 18, one of the student’s parents, gives a written undertaking –

(a)     to repay any overpayment of the grant or allowance; and

(b)     to repay the whole or any part of the grant or allowance if it is withdrawn or stopped under Article 19; or

(c)     to repay, if required, the whole or any part of the grant or allowance if it is –

(i)      withdrawn or stopped under Article 18(8)(c), or

(ii)      withdrawn under Article 23.

(2)     An undertaking to repay a grant or allowance may be waived if sufficient evidence of the student’s ill health or other extenuating circumstances is provided.

(3)     An undertaking given in respect of a grant or allowance before 1st January 2017, shall continue to have effect as if the Education (Discretionary Grants – General) (Amendment No. 5) (Jersey) Order 2016[3] had not been enacted.”.

7        Article 23 substituted

For Article 23 of the principal Order there is substituted the following Article –

“23    Grant or allowance may be suspended or withdrawn

If at any time after a grant has been awarded or an allowance has been paid to a student in respect of a course, that grant or allowance may be suspended or withdrawn if –

(a)     it appears to the Minister that any evidence, document or information required under Article 17(3), (5) or (6) is inaccurate, false or misleading, and is connected with an attempt by any person to mislead the Minister in relation to his or her decision to award the grant or pay the allowance;

(b)     the student is temporarily excluded from a relevant course by the institution running it, or is absent from a relevant course without the permission of the institution; or

(c)     details of a change required to be provided under Article 17(6) in respect of the student have not been provided,

that grant or allowance may be suspended or withdrawn, and the grant or allowance may be repayable under the terms of the undertaking given under Article 21.”.

8        Article 24 amended

In Article 24 of the principal Order –

(a)     in paragraph (2)(a), for the words “the Director of Education, Sport and Culture or an officer, nominated by that Director” there are substituted the words “the Chief Officer, or an officer nominated by the Chief Officer”;

(b)     after paragraph (4) there is inserted the following paragraph –

“(4A) An appeal under paragraph (4) may only be made if either or both of the following are disputed –

(a)     the facts upon which the decision was based; or

(b)     the law applied in reaching the decision.”.

9        Citation and commencement

This Order may be cited as the Education (Discretionary Grants – General) (Amendment No. 5) (Jersey) Order 2016 and shall come into force on 1st January 2017.

deputy r.g. bryans of st. helier

Minister for Education

 


 



[1]                                    chapter 10.800

[2]                                    chapter 10.800.30

[3]                                    R&O.132/2016


Page Last Updated: 06 Jan 2017