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Education Act - Education (Conditions of Scholarships) Regulations

LAWS OF TUVALU
2008 REVISED EDITION

CAP. 30.05.2

EDUCATION (CONDITIONS OF SCHOLARSHIPS) REGULATIONS

Arrangement of Regulations
Regulation

1 Citation
2 Interpretation
3 Conditions of Scholarships
4 Liability to repay value of award
5 Signing of a bond
6 Minister's power to waive or defer repayment

SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

Supporting Documents
ENDNOTES

EDUCATION (CONDITIONS OF SCHOLARSHIPS) REGULATIONS

MADE UNDER SECTION 35 OF THE EDUCATION ACT^[1]

Commencement [1 January 1979]

1 Citation

These Regulations may be cited as the Education (Conditions of Scholarships) Regulations.

2 Interpretation

In these Regulations, unless the context otherwise requires —

"conclusion of a course of study" means that a course of study comes to an end either upon graduation or because a student voluntarily withdraws or is removed from a course or fails to pass a course;

"institution of higher education" means any college or university providing tertiary education or technical or vocational training;

"public service" has the meaning ascribed to that phrase in sections 104 and 105 of the Constitution;

"scholarship" means an award by the Minister under section 6 of the Education Act on the recommendation of the Scholarships Board of a course of study at an institution of higher education overseas at public expense, whether paid by the Tuvalu Government or some other Government and includes the renewal of any such scholarship;

"value of the award" means the cost of the course at the institution of higher education, including fees, travel and any pocket money or other allowance paid to the student by or through the Tuvalu Government, and shall be calculated at the monetary values extant at the time when such fees or other items are paid.

3 Conditions of Scholarships

It shall be a condition of the grant of any scholarship, including the renewal of any scholarship after the coming into operation of these Regulations, that the recipient thereof (herein called "the student") shall at the conclusion of the course of study, or such earlier or later date as the Minister may direct, make himself available for such full-time or part-time employment in the Tuvalu public service or in such private or public employment or academic work as the Minister may approve, whether in Tuvalu or elsewhere, for such period as the Minister may in each case determine by reference to the length of the course of study and Schedule 1.

4 Liability to repay value of award

(1) Any student who fails to make himself available for the whole or any part of the period determined under regulation 3 in relation to him shall be liable to repay to the Government such proportion of the value of the award as may be determined by the Minister by reference to the period actually served as a percentage of that so determined and Schedule 2.

(2) Such repayment shall be made over such period as may be agreed or as may be determined by the Minister.

(3) Any sum which a student is liable to repay under (1) and (2) above shall be recoverable by the Minister as a civil debt in a court of competent jurisdiction.

5 Signing of a bond

Every student upon accepting a scholarship or renewal thereof and before going overseas to commence or resume his course of studies shall sign a bond in the form set out in Schedule 3 to acknowledge his liability under these Regulations. In the case of a student under the age of 18 years, such bond shall be countersigned by a parent or guardian of the student, who shall be liable in lieu of the student until the latter attains the age of 18 years.

6 Minister's power to waive or defer repayment

(1) The Minister may waive the whole or part of any repayment for which any person is liable under these Regulations or defer such repayment on the ground that —

(a) no or no suitable employment is available to the student in the Tuvalu public service or in approved private, or public employment or academic work;

(b) he is not required for such employment;

(c) the person liable would suffer undue hardship in having to make the repayment;

(d) other conditions have been attached to the grant of the scholarship; or

(e) there are extenuating circumstances justifying such waiver or deferment.

(2) In the case of a student who withdraws or is removed from or who fails a course, the Minister shall not be obliged to offer employment in the public service but may require the student to make a repayment to the Government of a sum not exceeding one half of what he would otherwise be required to pay under these Regulations.

SCHEDULE 1

(Regulation 3)

and pro rata for other periods.

SCHEDULE 2

(Regulation 4)

and pro rata for percentages other than those shown.

SCHEDULE 3

(Regulation 5)

EDUCATION (CONDITIONS OF SCHOLARSHIPS) REGULATIONS

BOND FOR REPAYMENT OF VALUE OF SCHOLARSHIP AWARD

Education (Conditions of Scholarships) Regulations (Bond)

I (full name) .....................................................................................................................

of (address) ......................................................................................................................

being of full age [OR being aged .......................................years] AND being desirous of receiving an award from the Government of Tuvalu of a scholarship for a period of. ............................months/years to pursue a course of study in ........................... [course] at ...................................................................................................................[institution]

DO HEREBY declare that I have read a copy of the above Regulations, which I
understand.

AND I DO HEREBY bind myself to repay to the Government of Tuvalu such proportion of the value of the award now made to me as the Minister may determine in accordance with the provisions of the aforesaid Regulations in the event of my failing to make myself available for employment in the public service of Tuvalu or such other private or public employment as the Minister may approve at the conclusion of my course of study.

Signed ...............................................................................................................................
at .......................................................................................................................................
this ..............................................day of .....................................................20 .................
Before ................................................................................................................[witness]
.....................................................................................................................[ occupation]

In the case of a student under 18 years of age —

Countersigned ...............................................................................................[Parent or Guardian]

ENDNOTES

¹ LN 7/1979