The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009
| Jurisdiction | Scotland |
| Citation | SSI 2009/309 |
| Year | 2009 |
2009 No. 309
Education
The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009
Made 7th September 2009
Laid before the Scottish Parliament 8th September 2009
Coming into force 30th September 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(3), 73(f) and 74(1) of the Education (Scotland) Act 19801, sections 1 and 2 of the Education (Fees and Awards) Act 19832and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009 and come into force on 30th September 2009.
Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006
2. After paragraph 6 of Schedule 1 (eligible students) to the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20063insert—
“6A. A person who—
(i) (a) is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department;
(ii) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and
(iii) is ordinarily resident in Scotland on the first day of the first academic year of the course; or
(b) is the spouse, civil partner, child or stepchild of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course.”.
Amendment of the Education Authority Bursaries (Scotland) Regulations 2007
3. The Education Authority Bursaries (Scotland) Regulations 20074are amended in accordance with regulations 4 and 5.
4. After paragraph 6 of Schedule 1 (persons eligible for bursaries) insert—
“6A. A person who—
(i) (a) is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department;
(ii) has been ordinarily resident in the British Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and
(iii) is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority; or
(b) is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets a residence requirement specified in sub-paragraph (a)(iii).”.
5. In paragraph 2(1) and (3) of Schedule 2 (ordinary residence) for “9(b)” substitute “9(1)(b)”.
Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007
6. The Nursing and Midwifery Student Allowances (Scotland) Regulations 20075are amended in accordance with regulations 7 and 8.
7. After paragraph 6 of Schedule 1 (persons eligible for allowances) insert—
“6A. A person who—
(i) (a) is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department;
(ii) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and
(iii) is ordinarily resident in the United Kingdom on the relevant date; or
(b) is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in the United Kingdom on the relevant date.”.
8. In paragraph 2(1) and (3) of Schedule 2 (ordinary residence) for “9(b)” substitute “9(1)(b)”.
Amendment of the Education (Fees and Awards) (Scotland) Regulations 2007
9. The Education (Fees and Awards) (Scotland) Regulations 20076are amended in accordance with regulations 10 to 13.
10. After regulation 2(3) (interpretation) insert—
“4 For the purposes of regulation 5(d) a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands.”.
11. In regulation 5 (relevant connection with the United Kingdom and Islands)—
(a) omit “and” where it occurs at the end of paragraph (b); and
(b) after paragraph (c) insert—
“and
(d)
(d) at the date referred to in paragraph (a) that student is ordinarily resident in the United Kingdom.”.
12. After paragraph 6 of Schedule 1 (fees – excepted students) insert—
“6A. A person shall be an excepted student if that person—
(a) is an Iraqi national who has been—
(i) granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; and
(ii) ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; or
(b) is the spouse, civil partner, or child of a person of the kind described in sub-paragraph (a).”.
13. In Schedule 2 (post-graduate agricultural studentships – excepted candidates)—
(a) after paragraph 6 insert—
“6A. Subject to paragraph 11, a person shall be an excepted student if that person—
(a) is an Iraqi national who has been—
(i) granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; and
(ii) ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; or
(b) is the spouse, civil partner, or child of a person of the kind described in sub-paragraph (a).”; and
(b) in paragraph 11 after “paragraphs 5, 6,” insert “6A,”.
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