The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004
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2004 No. 469
EDUCATION
The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004
Made 2nd November 2004
Laid before the Scottish Parliament 2nd November 2004
Coming into force 24th November 2004
The Scottish Ministers, in exercise of the powers conferred by sections 49(3), 73(f), 73B and 74(1) of the Education (Scotland) Act 19801; sections 1 and 2 of the Education (Fees and Awards) Act 19832; sections 1, 2 and 3(2) of the Education and Training (Scotland) Act 20003; and section 1 of the Education (Graduate Endowment and Student Support) (Scotland) Act 20014and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004 and shall come into force on 24th November 2004.
Amendment of Nursing and Midwifery Regulations
2.—(1) The Nursing and Midwifery Student Allowances (Scotland) Regulations 19925shall be amended as follows.
(2) In regulation 2–
(a)
(a) at the end of the definition of “allowance” omit “and”;
(b)
(b) after that definition insert–
““EEA migrant worker” means a person who is a national of an EEA State or Switzerland who has taken up an activity as an employed person in the United Kingdom–
(a) under Council Regulation (EEC) No. 1612/686on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area) or the Switzerland Agreement; or
(b) in circumstances where as a national of the United Kingdom that person has an enforceable Community right to be treated no less favourably than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation;
“EEA State” means a member State, Norway, Iceland or Liechtenstein;
“European Economic Area” means the area of the EEA States, and includes those States at any time before they became EEA States;”;
(c)
(c) at the end of the definition of “Health Board” insert “; and”; and
(d)
(d) after that definition insert–
““Switzerland Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 19997and which came into force on 1st June 2002.”.
(3) In Schedule 1–
(a)
(a) in paragraph 2(a)–
(i) for “by the EEA Agreement)” substitute “) or Article 9(3) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 7(2) and (3)” substitute “subject of either of those Articles”;
(b)
(b) in paragraph 2(b) after “European Economic Area” insert “or Switzerland”;
(c)
(c) in paragraph 3(a) after “European Economic Area” insert “or Switzerland”;
(d)
(d) in paragraph 4(a)–
(i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 12” substitute “subject of either of those Articles”;
(e)
(e) in paragraph 4(b) after “European Economic Area” insert “or Switzerland”; and
(f)
(f) in paragraph 7(b) after “European Economic Area” insert “or Switzerland”.
(4) In paragraph 2(1) of Schedule 2 for “either the United Kingdom or the European Economic Area” substitute “the United Kingdom, the European Economic Area or Switzerland”.
Amendment of Bursaries Regulations
3.—(1) The Education Authority Bursaries (Scotland) Regulations 19958shall be amended as follows.
(2) In regulation 2(1)–
(a)
(a) omit the definition of “EEA Agreement”;
(b)
(b) in the definition of “EEA migrant worker”–
(i) after “EEA State” in the first place where it occurs insert “or Switzerland”; and
(ii) in sub paragraph (a) for “by the EEA Agreement)” substitute “) or the Switzerland Agreement”;
(c)
(c) for the definition of “EEA State” substitute ““EEA State” means a member State, Norway, Iceland or Liechtenstein;”;
(d)
(d) for the definition of “European Economic Area” substitute ““European Economic Area” means the area of the EEA States, and includes those States at any time before they became EEA States;”;
(e)
(e) at the end of the definition of “relevant date” for “term.” substitute “term; and”; and
(f)
(f) after that definition insert–
““Switzerland Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002.”.
(3) In Schedule 1–
(a)
(a) in paragraph 2(a)–
(i) for “by the EEA Agreement)” substitute “) or Article 9(3) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 7(2) and (3)” substitute “subject of either of those Articles”;
(b)
(b) in paragraph 2(b) after “European Economic Area” insert “or Switzerland”;
(c)
(c) in paragraph 2A(a) after “European Economic Area” insert “or Switzerland”;
(d)
(d) in paragraph 2B(a)–
(i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 12” substitute “subject of either of those Articles”;
(e)
(e) in paragraph 2B(b) after “European Economic Area” insert “or Switzerland”; and
(f)
(f) in paragraph 4(b) after “European Economic Area” insert “or Switzerland”.
(4) In Schedule 2–
(a)
(a) in paragraph 2(1) replace “either the British Islands or the European Economic Area.” with “the British Islands, the European Economic Area or Switzerland.”;
(b)
(b) in paragraph 2(2) after “European Economic Area” insert “or Switzerland”; and
(c)
(c) in paragraph 2(3) after “British Islands”–
(i) in the first place where it occurs insert “, in Switzerland”; and
(ii) in each remaining place where it occurs insert “, Switzerland”.
Amendment of Fees and Awards Regulations
4.—(1) The Education (Fees and Awards) (Scotland) Regulations 19979shall be amended as follows.
(2) In regulation 2(1)–
(a)
(a) omit the definition of “EEA Agreement”;
(b)
(b) in the definition of “EEA migrant worker”–
(i) after “EEA State” in the first place where it occurs insert “or Switzerland”; and
(ii) in sub-paragraph (a) replace “by the EEA Agreement)” with “) or the Switzerland Agreement”;
(c)
(c) for the definition of “EEA State” substitute ““EEA State” means a member State, Norway, Iceland or Liechtenstein;”;
(d)
(d) in the definition of “European Economic Area” for “the EEA Agreement came into force in relation to them” substitute “they became EEA States”;
(e)
(e) at the end of the definition of “refugee” for “1967.” substitute “1967; and”; and
(f)
(f) after that definition insert–
““Switzerland Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002.”.
(3) In Schedule 1–
(a)
(a) in paragraph 2(2)(a) after “European Economic Area” insert “or Switzerland”;
(b)
(b) in paragraph 5(1) after “European Economic Area” in both places where it occurs insert “or Switzerland”;
(c)
(c) in paragraph 6(1)(a)(ii)–
(i) for “by the EEA Agreement)” substitute “) or Article 9(3) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 7(2) and (3)” substitute “subject of either of those Articles”;
(d)
(d) in paragraph 6(1)(c)(ii)–
(i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 12” substitute “subject of either of those Articles”; and
(e)
(e) in paragraph 6(2)(a) after “European Economic Area” insert “or Switzerland”.
(4) In Schedule 2–
(a)
(a) in paragraph 2(1)(a)(ii)–
(i) for “by the EEA Agreement)” substitute “) or Article 9(3) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 7(2) and (3)” substitute “subject of either of those Articles”;
(b)
(b) in paragraph 2(1)(c)(ii)–
(i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement,”; and
(ii) for “subject of Article 12” substitute “subject of either of those Articles”;
(c)
(c) in paragraph 2(2)(a) after “European Economic Area” insert “or Switzerland”; and
(d)
(d) in paragraph 4(2) after “European Economic Area” in both places where it occurs insert “or Switzerland”.
(5) In Schedule 3–
(a)
(a) in paragraph 3(3)(a) after “European Economic Area” insert “or Switzerland”; and
(b)
(b) in paragraph 5 after “European Economic Area” in both places where it occurs insert “or Switzerland”.
Amendment of Students' Allowances Regulations
5.—(1) The Students' Allowances (Scotland) Regulations 199910shall be amended as follows.
(2) In regulation 2(1)–
(a)
(a) omit the definition of “EEA Agreement”;
(b)
(b) in the definition of “EEA migrant worker”–
(i) after “EEA State” in the first place where it occurs insert “or Switzerland”; and
(ii) in sub paragraph (a) for “by the EEA Agreement)” substitute “) or the Switzerland Agreement”;
(c)
(c) for the definition of “EEA State” substitute ““EEA State” means a member State, Norway, Iceland or Liechtenstein;”;
(d)
(d) in the definition of “European Economic Area” for “the EEA Agreement comes into force in relation to them” substitute “they became EEA States”;
(e)
(e) at the end of the definition of “relevant day” for “course.” substitute “course; and”; and
(f)
(f) after that definition insert–
““Switzerland Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002.”.
(3) In Schedule 1–
(a)
(a) in paragraph 2–
(i) in sub-paragraph (a)–
(aa)...
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