S-5
The Principal Regulations are amended in accordance with...
5. The Principal Regulations are amended in accordance with these Regulations.
S-6
Regulation 2 is amended as follows. For the definition of...
6.—(1) Regulation 2 is amended as follows.
(2) For the definition of “category 2 European Student”, substitute—
““category 2 European student” means a person who falls within paragraph 10 of Part 2 of Schedule 5A;”.
(3) After the definition of “Certificate in Education”, insert—
““Community Right student” means—
(a) a person who falls within paragraph 6 of Part 2 of Schedule 5A by virtue of being—
(i) an EEA self-employed person, an EEA frontier worker or an EEA frontier self-employed person;
(ii) a family member of a person mentioned in paragraph (i);
(iii) a dependent relative in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker;
(iv) a Swiss self-employed person, a Swiss frontier employed person or a Swiss frontier self-employed person; or
(v) a family member of a person mentioned in paragraph (iv);
(b) a person who falls within paragraph 11 of Part 2 of Schedule 5A; or
(c) a person who falls within paragraph 8 of Part 2 of Schedule 5A;”.
(4) After the definition of “dependent”, insert—
““Directive student” means—
(a) a person who falls within paragraph 3 of Part 2 of Schedule 5A; or
(b) a person who is a European student by virtue of being a family member of an EC national;”.
(5) Omit the definition of “EEA migrant worker”.
(6) For the definition of “European student”, substitute—
““European student” means a person who falls within paragraph 9 of Part 2 of Schedule 5A and not within any other paragraph of that Part of Schedule 5A;”.
(7) In the definition of “new academic term” for “2005”, substitute “2006”.
(8) For the definition of “new payment”, substitute—
““new payment” means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations 2005 and the Education (Mandatory Awards) (Amendment) Regulations 2006;”.
(9) For the definition of “old payment”, substitute—
““old payment” means a payment which would have been made under these Regulations, as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2004 and the Education (Mandatory Awards) (Amendment) Regulations 2005, if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2006;”.
(10) In the definition of “refugee”, omit the words from “and any reference” to “a step-child”.
S-7
Regulation 5 is amended as follows. Omit paragraphs (4), (5)...
7.—(1) Regulation 5 is amended as follows.
(2) Omit paragraphs (4), (5) and (6).
S-8
Regulation 7 is amended as follows. In paragraph (1)(a) and (b)...
8.—(1) Regulation 7 is amended as follows.
(2) In paragraph (1)(a) and (b) for “2004”, wherever it occurs, substitute “2005”.
S-9
Regulation 11 is amended as follows. After paragraph (2)(dd),...
9.—(1) Regulation 11 is amended as follows.
(2) After paragraph (2)(dd), insert—
“(de)
“(de) in the case of a Directive student who—
(i) started a designated course on or before 30th April 2006; and
(ii) is applying for an award in respect of that course,
where the application reaches the authority by 30th August 2006;
(df)
(df) in the case of a Community Right Student who—
(i) started a designated course on or after 1st September 2005 but on or before 30th April 2006; and
(ii) is applying for an award in respect of that course,
where the application reaches the authority by 30th August 2006;
(dg)
(dg) in the case of a person who—
(i) acquires the right of permanent residence as defined in Part 1 of Schedule 5A;
(ii) becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 5A;
(iii) becomes a family member of an EC national; or
(iv) becomes the child of a Swiss national,
where the application reaches the authority not later than four months after the date on which he acquired that right or status;”.
S-10
For regulation 13, substitute— 13 An authority is not under a...
10. For regulation 13, substitute—
“13. An authority is not under a duty to bestow an award in respect of a person’s attendance at a course if in the opinion of the authority—
(a) that person does not fall within one of the categories in Part 2 of Schedule 5A; or
(b) that person has shown himself by his conduct to be unfitted to receive an award.”.
11.—(1) Regulation 25 is amended as follows.
(2) For paragraph (6), substitute—
“6 Where the authority has come under a duty to bestow an award on a person during an academic year because—
(a) he has become—
(i) a European student as a result of—
(aa) the accession of the State of which he is a national, or as the case may be, of which his family member (within the meaning of Part 1 of Schedule 5A) is a national, to the European Community; or
(bb) becoming the family member (within the meaning of Part 1 of Schedule 5A) of an EC national;
(ii) a refugee or the spouse, civil partner, child of a refugee;
(iii) a person described in paragraph 6(1)(a) of Part 2 of Schedule 5A;
(iv) the child of a Swiss national; or
(b) he has acquired the right of permanent residence within the meaning of Part 1 of Schedule 5A,
they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 17 the amounts referred to in paragraph (8).”
(3) For paragraph (8)(a), substitute—
“(a)
“(a) from the sum payable in respect of fees under regulation 17 any amount payable before the date on which—
(i) the student became a European student;
(ii) the relevant person was recognised as a refugee;
(iii) the student acquired the right of permanent residence;
(iv) the student became a person described in paragraph 6(1)(a) of Part 2 of Schedule 5A; or
(v) the student became the child of a Swiss national;”.
12.—(1) Schedule 1 is amended as follows.
(2) For paragraph (iii), substitute—
“(iii)
“(iii) in the case of a course at the University of Buckingham, £2,840 payable in four equal instalments of £710; in the case of a course at the Guildhall School of Music, £4,355 payable in three instalments of £1,452, £1,452 and £1,451; and in the case of a course at Heythrop College, £2,415 payable in three equal instalments of £715;”.
S-13
Schedule 3 is amended as follows. In paragraph 1(3) of Part 1...
13.—(1) Schedule 3 is amended as follows.
(2) In paragraph 1(3) of Part 1 for “or a category 2 European student”, substitute “, a category 2 European student, a Community right student or a Directive student”.
(3) In paragraph 4(4) of Part 2 for “the Education (Student Support) Regulations 2005”, substitute “the Education (Student Support) Regulations 2006”.
S-14
After Schedule 5, insert— SCHEDULE 5A Regulation 13 ELIGIBLE...
14. After Schedule 5, insert—
“SCHEDULE 5A
Regulation 13
ELIGIBLE STUDENTS
PART 1
Interpretation
1.—(1) For the purposes of this Schedule—
“Directive 2004/38” means Directive 2004/38/ECof the European Parliament and of the Council of 29th April 2004on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“EEA frontier self-employed person” means an EEA national who—
(a) is self-employed in the United Kingdom; and
(b) resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” means an EEA national who—
(a) is a worker in the United Kingdom; and
(b) resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State other than the United Kingdom;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed...
