QU OF NT AT A FE RU

BERMUDA

2008 : 25

WHEREAS it is necessary to improve Bermudians’ access to higher learning: Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Citation

1 This Act may be cited as the Bermuda Government Scholarships Act 2008.

Interpretation

2 In this Act— “Bermudian” means a person who possesses Bermudian status within the meaning of the Bermuda Immigration and Protection Act 1956; “Board” means the Board of Education as appointed under section 3 of the Education Act 1996;

“Minister” means the Minister responsible for education; “prescribed” means prescribed by regulations; “regulations” means regulations made under section 5; “Scholarship” means a Bermuda Government Scholarship. [Section 2 definition of "Accommodation" deleted and "prescribed" and "regulations" inserted by 2013 :

20 s. 2 effective 26 July 2013]

3. Annual competition

(1) The Scholarship shall be open to competition annually and shall be awarded to not more than eight persons whom the Minister considers, on the advice of the Board, to be the most qualified candidates.

(2) The Minister shall not award a Scholarship to any candidate whose qualifications do not reach the standard required by the Board.

4. Value and length of tenure

(1) Each Scholarship awarded pursuant to section 3 shall have a maximum annual value not exceeding $35,000.

(2) Subject to subsection (1), each Scholarship shall be awarded for a term not exceeding four years—

(a) towards the annual cost of tuition—

(i) at an overseas educational institution approved by the Minister; or

(ii) at the Bermuda College for a programme offered by an overseas educational institution; and

(b) towards the cost of basic accommodation at a rate equal to the cost of dormitory accommodation for a single student at the educational institution.

(3) The Minister may extend the term during which a Scholarship is tenable for a further year to enable the holder to complete a course of study approved by the Minister.

(4) The costs covered for the extended term in subsection (3) shall be the same as those covered under the original Scholarship with respect to the scholarship holder. [Section 4 subsections (1) and (2) deleted and substituted and subsection (4) amended by 2013 : 20 s. 3 effective 26 July 2013]

4A. Minister may vary maximum annual value by order

(1) The Minister may by order vary the maximum annual value of the Scholarship specified in section 4(1).

(2) The affirmative resolution procedure shall apply to an order made under subsection (1). [Section 4A inserted by 2013 : 20 s. 4 effective 26 July 2013]

5. Minister may make regulations

(1) The Minister may make regulations governing matters relating to the competition for the Scholarships and the tenure thereof, including regulations—

(a) for application for Scholarships by candidates;

(b) for extension of the term of the Scholarships;

(c) respecting the qualifying criteria for candidates which shall include an enquiry as to the character and achievement of the candidate;

(d) with regard to the terms and conditions on which the Scholarships are to be held.

(2) The negative resolution procedure shall apply to regulations made under this section. [Section 5 subsection (1)(c) deleted and substituted by 2013 : 20 s. 5 effective 26 July 2013]

Eligibility of candidates

6 Every candidate for a scholarship must—

(a) be a Bermudian;

(b) be not less than sixteen years of age and not more than twenty-five years of age on the first day of August in the year of application;

(c) have been educated in Bermuda for at least five school years. [Section 6 paragraph (b) deleted and substituted by 2013 : 20 s. 6 effective 26 July 2013]

7. Payment of funds

(1) Payment of a Scholarship awarded under this Act shall be paid out of the Consolidated Fund, in such manner as prescribed by regulations under this Act.

(2) The sums provided shall be liable to forfeiture, either in whole or in part, if the person awarded the Scholarship fails to comply with any regulation made under this Act during the tenure of the Scholarship. [Section 7 subsection (1) amended by 2013 : 20 s. 7 effective 26 July 2013]

8. Repeal

(1) The Bermuda Government Scholarships Act 1958 is hereby repealed.

(2) Notwithstanding subsection (1), the Bermuda Government Scholarships Act

1958 shall continue to apply in respect of persons who received a Scholarship under that Act.

[Assent Date: 16 July 2008]

[Operative Date: 16 July 2008]

[Amended by:

2013 : 20]