Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991

JurisdictionUK Non-devolved
CitationSI 1991/834
Year1991

1991 No. 834 (S. 78)

EDUCATION, SCOTLAND

The Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991

Made 25th March 1991

Laid before Parliament 27th March 1991

Coming into force 17th April 1991

The Secretary of State, in exercise of the powers conferred on him by sections 49(3), 73(f) and 74(1) of the Education (Scotland) Act 19801and by sections 1 and 2 of the Education (Fees and Awards) Act 19832, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991 and shall come into force on 17th April 1991.

S-2 The Education (Fees and Awards) (Scotland) Regulations 1983

The Education (Fees and Awards) (Scotland) Regulations 1983

2. The Education (Fees and Awards) (Scotland) Regulations 19833shall be amended as follows:—

(a) in Schedule 1—

(i) in paragraph 2(2)(a), for the word “territories” there shall be substituted the word “territory”;

(ii) the following shall be added at the end of paragraph 2(2)(a):—

“(iii)

“(iii) (as regards any period prior to the unification of the Federal Republic of Germany) the German Democratic Republic; and”;

(iii) in paragraph 5(b), for the words from “in the European Community” to the end of that sub-paragraph, there shall be substituted the words “in the territory specified in paragraph 2(2)(a) of this Schedule,”; and

(iv) in paragraph 5, for the words from “outside the European Community” to the end of that paragraph, there shall be substituted the words “outside the said territory”;

(b) in Schedule 2—

(i) for paragraphs 2 and 3, there shall be substituted the following paragraph:—

S-2

2. A person shall be an excepted candidate if—

(a) he is entitled to equality of treatment in relation to the payment of a maintenance award for the course in respect of which he seeks an award by virtue of Article 7 or 12 of Council Regulation (EEC) No. 1612/68on freedom of movement for workers whitin the Community4; and

(b) he has been ordinarily resident throughout the period of 3 years immediately preceding the relevant date in the territory comprising —

(i) the European Community; and

(ii) as regards any period prior to the unification of the Federal Republic of Germany, the German Democratic Republic;

and he has not been resident therein during any part of that 3 year period wholly or mainly for the purpose of receiving full-time education.”;

(ii) in paragraph 5(2), the words from “would he” to “that relevant connection” shall be deleted and there shall be substituted therefor the following:—

“fails to satisfy the criteria set out in paragraph 2(b)”;

(iii) in paragraph 5(2)(i), for the words “European Community”, there shall he substituted the words “territory specified in that sub-paragraph”; and

(iv) in...

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