The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2020

Contents

1Citation and commencement#

These Regulations may be cited as the Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2020 and come into force on 11 September 2020.

2Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006#

In schedule 1 (eligible students) of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006, after paragraph 6E insert—“6F A person who—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the first day of the first academic year of the course.6G A person who—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the first day of the first academic year of the course.”

3Amendment of the Education Authority Bursaries (Scotland) Regulations 2007#

In schedule 1 (persons eligible for bursaries) of the Education Authority Bursaries (Scotland) Regulations 2007, after paragraph 6E insert—“6F A person who—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the British Islands since that person was first granted such indefinite leave to remain in the United Kingdom, andc is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority.6G A person who—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the British Islands since that person was first granted such leave, andc is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority.”

4Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007#

In schedule 1 (persons eligible for allowances) of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007, after paragraph 6E insert—“6F A person who—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.6G A person who—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.”

5Amendment of the Students’ Allowances (Scotland) Regulations 2007#

(1)The Students’ Allowances (Scotland) Regulations 2007 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2 (interpretation)—

(a)in paragraph (3), before “and 7(c) of Schedule 1” insert “, 6F(c), 6G(c)”,

(b)in paragraph (4), before “and 7(c) of Schedule 1” insert “, 6F(c), 6G(c)”.

(3)In schedule 1 (persons eligible for allowances), after paragraph 6E insert—“6F A person who—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.6G A person who—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the United Kingdom and the Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.”

6Amendment of the Education (Student Loans) (Scotland) Regulations 2007#

In schedule 1 (eligible students) of the Education (Student Loans) (Scotland) Regulations 2007, after paragraph 6E insert—“6F A person who—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the first academic year of the course.6G A person who—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.”

7Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007#

(1)The Education Maintenance Allowances (Scotland) Regulations 2007 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2 (interpretation)—

(a)in paragraph (2), after “6E(1)(c)” insert “, 6F(c), 6G(c)”,

(b)in paragraph (3), after “6E(1)(c)” insert “, 6F(c), 6G(c)”.

(3)In schedule 1 (persons eligible for education maintenance allowances), after paragraph 6E insert—“6F A person who—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the qualifying date.6G A person who—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the qualifying date.”

8Amendment of the Education (Fees) (Scotland) Regulations 2011#

(1)The Education (Fees) (Scotland) Regulations 2011 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2 (interpretation)—

(a)in paragraph (3), for “6D(a)(iii) and (b), 6E(1)(c)” substitute “6D(1)(c), 6E(c), 6F(c)”,

(b)in paragraph (4), for “6D(a)(iii) and (b), 6E(1)(c)” substitute “6D(1)(c), 6E(c), 6F(c)”.

(3)In schedule 1 (fees-excepted students), after paragraph 6D insert—“6E A post 2011/12 student is an excepted student if that post 2011/12 student—a has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—i paragraph 289B (victims of domestic violence),ii paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), oriii paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.6F A post 2011/12 student is an excepted student if that post 2011/12 student—a has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,b has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, andc is ordinarily resident in Scotland on the relevant date.”

Contains public sector information licensed under the Open Government Licence v3.0.