The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005

Contents

1Citation and commencement#

These Regulations may be cited as the Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005 and shall come into force on 2nd July 2005.

2Amendment of Nursing and Midwifery Regulations#

(1)The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 shall be amended as follows.

(2)In regulation 2 (interpretation)–

(a)after the definition of “allowance” insert–“• “child of such a national” includes in relation to that national a step child, a child in his or her guardianship, a child for whom he or she has parental responsibility and a child in his or her care;”

(b)at the end of the definition of “Health Board” omit “and”; and

(c)after that definition insert–“• “Islands” means the Channel Islands and the Isle of Man;• “national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Community (including the United Kingdom) as constituted from time to time; and• “relevant day” in relation to a course of education for which an allowance is sought means–(a) as respects a course starting in the period 1st August to 31st December, 1st August; or(b) as respects a course starting in the period 1st January to 31st July, 1st January,in either case the relevant day being in the year of commencement of the appropriate academic year of the course; and”

(3)In Schedule 1 (persons eligible for allowances) after paragraph 8 insert–“9 A person who–a is a national of a member state of the European Community other than the United Kingdom or the child of such a national; andb has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the relevant day.”

(4)In Schedule 2 (ordinary residence) in paragraph 2(1) after “Schedule 1,” insert–“and sub paragraph (3) below, under exception of the words from “and no part of that period of residence” to “full time education” where they appear in sub paragraph (3)(a), shall apply in determining, for the purposes of paragraph 9(b) of Schedule 1,”

3Amendment of Bursaries Regulations#

(1)The Education Authority Bursaries (Scotland) Regulations 1995 shall be amended as follows.

(2)In Schedule 1 (persons eligible for bursaries) after paragraph 5 insert–“6 A person who–a is a national of a member state of the European Community other than the United Kingdom or the child of such a national;b is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which he seeks a bursary; andc has been ordinarily resident in the British Islands throughout the three year period preceding the relevant date.”

(3)In Schedule 2 (ordinary residence) in paragraph 2(1)–

(a)after “Schedule 1,” insert–““and sub paragraph (3) below, under exception of the words from “provided that the education authority” to “full-time education” where they appear in sub paragraph (3)(a)(ii), shall apply in determining, for the purposes of paragraph 6(c) of Schedule 1,”

(b)after “period”) in” insert “Scotland,”.

4Amendment of Fees and Awards Regulations#

(1)The Education (Fees and Awards) (Scotland) Regulations 1997 are amended as follows.

(2)In Schedule 1 (fees – excepted students) after paragraph 2 insert–“2B A person who–a is a national of a member State of the European Community other than the United Kingdom or the child of such a national;b is ordinarily resident in Scotland on the date referred to in regulation 6(a); andc has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that date.”

(3)In Schedule 2 (Post-graduate agricultural studentships and Newbattle Abbey College maintenance awards – excepted candidates) after paragraph 2 insert–“2B A person who–a is a national of a member State of the European Community other than the United Kingdom or the child of such a national;b is ordinarily resident in Scotland on the relevant date; andc has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that date.”

5Amendment of Students' Allowances Regulations#

(1)The Students' Allowances (Scotland) Regulations 1999 are amended as follows.

(2)In regulation 2 (interpretation) after the definition of “European Economic Area” insert–“• “Islands” means the Channel Islands and the Isle of Man;”

(3)In Schedule 1 (persons eligible for allowances) after paragraph 6 insert–“6B A person who–a is a national of a member State of the European Community other than the United Kingdom or the child of such a national;b is ordinarily resident in Scotland on the relevant day; andc has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that day.”

(4)In Schedule 2 (ordinary residence) in paragraph 2(1)–

(a)after “Schedule 1,” insert–““and sub paragraph (3) below, under exception of the words from “and no part of that period of residence” to “full-time education” where they appear in sub paragraph (3)(a)(ii), shall apply in determining, for the purposes of paragraph 6B(b) and (c) of Schedule 1,”

(b)after “period in” insert “Scotland,”.

6Amendment of Student Loans Regulations#

(1)The Education (Student Loans) (Scotland) Regulations 2000 are amended as follows.

(2)In regulation 2 (interpretation) after the definition of “borrower” insert–“• “child of such a national” includes in relation to that national a step child, a child in his or her guardianship, a child for whom he or she has parental responsibility and a child in his or her care;”

(3)In Schedule 1 (eligible students) after paragraph 6 insert–“6A A person who–a is a national of a member State of the European Community other than the United Kingdom or the child of such a national;b is ordinarily resident in Scotland on the first day of the first academic year of the course; andc has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that date.”

7Amendment of Graduate Endowment Regulations#

(1)The Graduate Endowment (Scotland) Regulations 2001 are amended as follows.

(2)In Schedule 1(liable graduates) after paragraph 6 insert–“6A A person who–a is a national of a member State of the European Community other than the United Kingdom or the child of such a national;b is ordinarily resident in Scotland on the relevant day; andc has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that day.”

(3)In Schedule 2 (ordinary residence) in paragraph 2(1)–

(a)after “Schedule 1” insert–““and sub paragraph (3) below, under exception of the words from “and no part of that period of residence” to “full-time education” where they appear in sub paragraph (3)(a)(ii), shall apply in determining, for the purposes of paragraph 6A(b) and (c) of Schedule 1,”

(b)after “period in” insert “Scotland,”.

8Amendment of Education Maintenance Allowances Regulations#

(1)The Education Maintenance Allowances (Scotland) Regulations 2004 are amended as follows.

(2)In regulation 2 (interpretation) after the definition of “Islands” insert–“• “national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Community (including the United Kingdom) as constituted from time to time;”

(3)In Schedule 1 (persons eligible for Education Maintenance Allowances) after paragraph 7 insert–“7A A person who–a is a national of a member State of the European Community other than the United Kingdom or the child of such a person;b is ordinarily resident in Scotland on the qualifying date; andc has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that date.”

(4)In Schedule 2 (ordinary residence) in paragraph 2(1)–

(a)after “Schedule 1” insert–““and sub-paragraph (3) below, under exception of the words from “provided that the Scottish Ministers” to “full-time education” where they appear in sub paragraph (3)(a)(ii), shall apply in determining, for the purposes of paragraph 7A(b) and (c) of Schedule 1,”

(b)after “period”) in” insert “Scotland,”.

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