Education Authority Bursaries (Scotland) Amendment (No. 2) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1535 |
| Year | 1983 |
1983 No. 1535 (S. 143)
EDUCATION, SCOTLAND
The Education Authority Bursaries (Scotland) Amendment (No. 2) Regulations 198318thOctober 1983
31stOctober 1983
21stNovember 1983
In exercise of the powers conferred upon me by section 49(3) of the Education (Scotland) Act 1980 (a) and of all other powers enabling me in that behalf, I hereby make the following regulations:—
Citation and commencement
1. These regulations may be cited as the Education Authority Bursaries (Scotland) Amendment (No. 2) Regulations 1983 and shall come into operation on 21st November 1983.
Interpretation
2. In these regulations, 'the principal regulations' means the Education Authority Bursaries (Scotland) Regulations 1978 (b).
Amendment of the principal regulations
3. The principal regulations shall be amended by—
(a) inserting in regulation 2(1) (Interpretation) at the appropriate respective places in alphabetical order, of the following definitions:—
"'British Islands' means the United Kingdom, the Channel Islands and the Isle of Man;
'employment' means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and 'employed' shall be construed accordingly; and for the purposes hereof references to employment include references to the holding of any office and to any occupation for gain;
'European Community' means the area comprised by the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
'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 Economic Community (including the United Kingdom) as constituted from time to time;
'relevant power' means any of the powers conferred on an education authority by section 49(1) or as the case may be section 49(2) of the Education (Scotland) Act 1980;";
(a) 1980 c.44.
(b) S.I. 1978/998, to which there are amendments not relevant to these regulations.
(b) inserting after paragraph (1) of regulation 2, the following paragraph:—
"(1A) In these regulations a reference to a person's child includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the person concerned is the mother or in whose case he has admitted paternity or been adjudged the putative father.";
(c) adding at the end of regulation 2 the following paragraph:—
"(6) A reference in a regulation or Schedule to a paragraph or a reference in a paragraph to a sub-paragraph, shall, unless the context otherwise requires, be construed as a reference to a paragraph of that regulation or Schedule or sub-paragraph of that paragraph as the case may be.";
and
(d) substituting for regulation 4 (requirements and other provisions for granting of bursaries) the following regulation:—
"4.—(1) Subject to the provisions of this regulation and Schedule A1 (further requirements regarding eligibility for bursaries) a relevant power shall not be exercised by an education authority in relation to a person, being a person mentioned in section 49(1), or as the case may be section 49(2) of the Education (Scotland) Act 1980 who does not fulfil such of the requirements for eligibility for a bursary specified for the purposes of this paragraph in Schedule A1, as are relevant to him, being requirements as to matters regarding eligibility for a bursary, other than matters as to residence in the area of an education authority.
(2) Notwithstanding that a person may fulfil such of the requirements for eligibility for a bursary specified in Schedule A1 as are relevant to him, a relevant power shall not be exercised by an education authority as respects such a person, if he does not fulfil at least one of the requirements specified for the purposes of this paragraph in paragraph (3), being requirments as to residence in the area of an education authority.
(3) Subject to the provisions of paragraphs (4) to (7), the requirements specified for the purposes of paragraph (2) above are that a person—
(a) shall be or shall have been ordinarily resident in the area of the education authority proposing to exercise the relevant power, on the relevant day; or
(b) shall be or have been the child of a parent or maintained by a guardian who shall be or shall have been so ordinarily resident as mentioned in sub-paragraph (a); or
(c) being a person whose parent or guardian is a national of a member state of the European Community and whose parent or guardian—
(i) where he is employed on the relevant day, is then in employment in Scotland; or
(ii) where he is not employed on that day (by reason of retirement or otherwise), was last employed in such employment; or
(iii) whether or not he is employed on that day, has, during the period of three years ending therewith, been in such employment for...
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