Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
235A Refund entitlements of international students

(1)

A private training establishment must—

(a)

allow every international student enrolled for a programme or training scheme that is of 3 months’ duration or more to withdraw from it at any time within the refund period; and

(b)

refund to every international student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that programme or training scheme, and, if withdrawal from the programme or scheme also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds the percentage specified in the notice made under section 235B; and

(c)

allow every international student enrolled for a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by the Authority; and

(d)

refund to every international student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the programme or training scheme.

(2)

For the purposes of subsection (1)(c), a programme or training scheme is of less than 3 months’ duration if the period starting on the day on which the programme or scheme starts and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days during that period on which the programme or training scheme is, or is proposed to be, provided.

(3)

When the refund period, in relation to any fees paid by or on behalf of an international student, has expired,—

(a)

the fees paid must continue to be held in trust with the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 253; or

(b)

the private training establishment may, if the Authority approves, make alternative arrangements in relation to the fees paid.

(4)

In this section, refund period means the period that begins when the student’s fees are paid to the private training establishment (or paid directly to the independent trustee) and ends on the date specified in the notice made under section 235B.

Section 235A: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

Section 235A(4): replaced, on 13 February 2015, by section 21 of the Education Amendment Act 2015 (2015 No 1).