Education (Fees and Awards) (Amendment) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1640 |
| Year | 1996 |
1996 No. 1640
EDUCATION, ENGLAND AND WALES
The Education (Fees and Awards) (Amendment) Regulations 1996
Made 29th July 1996
Laid before Parliament 6th August 1996
Coming into force 1st September 1996
The Secretary of State for Education and Employment, in exercise of the powers conferred on the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 19831, hereby makes the following Regulations:
1. These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1996 and shall come into force on 1st September 1996.
2. The Education (Fees and Awards) Regulations 19942shall be amended as follows.
3. In regulation 2(1) insert after the definition of “EEA Agreement” the following definition:
““EEA migrant worker” means a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom under Council Regulation (EEC) No. 1612/68on freedom of movement for workers within the Community, as extended by the EEA Agreement;”.
4. Substitute for paragraph 7 of Schedule 1 the following paragraph:
“7.—(1) A person shall be an excepted student if he is—
(a)
(a) an EEA migrant worker—
(i) who satisfies the conditions mentioned in sub-paragraph (2), and
(ii) in whose case it is not lawful to charge higher fees by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68on freedom of movement of workers within the Community, as extended by the EEA Agreement3; or
(b)
(b) the spouse of an EEA migrant worker and he—
(i) is a national of a member State of the European Economic Area,
(ii) satisfies the conditions mentioned in sub-paragraph (2), and
(iii) is installed in the United Kingdom with his spouse; or
(c)
(c) the spouse of an EEA migrant worker and—
(i) he is not a national of a member State of the European Economic Area,
(ii) he has, throughout the year preceding the date referred to in regulation 6(a), been ordinarily resident in the European Economic Area, and
(iii) he is installed in the United Kingdom with his spouse; or
(d)
(d) the child of an EEA migrant worker and—
(i) he satisfies the conditions mentioned in sub-paragraph (2), and
(ii) in whose case it is not lawful to charge higher fees by virtue of Article 12 of the above mentioned Council Regulation.
(2) The conditions referred to in sub-paragraph (1) are that—
(a)
(a) he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area, and
(b)
(b) he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving...
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