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The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005

Consolidated Text As Enacted Cited authorities 37 Cited in Amendments 13 Related
Vincent
JurisdictionScotland
  • These Regulations may be cited as the Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005 and shall come into force on 7th May 2005.
    • (1) The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992at the end of the definition of “Health Board” omit “and”;after that definition insert–
      • “relevant day” in relation to a course of education for which an allowance is sought means–
        • (a) as respects a course starting in the period 1st August to 31st December, 1st August; or
        • (b) as respects a course starting in the period 1st January to 31st July, 1st January,
        in either case the relevant day being in the year of commencement of the appropriate academic year of the course;
    ;    at the end of the definition of “Switzerland Agreement” for “2002.” substitute “2002; and”; andafter that definition insert–
      • “temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules
    after paragraph 6 insert–
      (6A) A person who–
    • (a) at the date of the Scottish Ministers receiving his or her application for an allowance has been granted temporary protection and who has been ordinarily resident in the United Kingdom and Islands at all times since he or she was first granted temporary protection;
    • (b) has not attained the age of 18 years on the relevant day; and
    • (c) is ordinarily resident in the United Kingdom and Islands on the relevant day.
    ; and    at the date of the Scottish Ministers receiving his or her application for an allowance has been granted temporary protection and who has been ordinarily resident in the United Kingdom and Islands at all times since he or she was first granted temporary protection;has not attained the age of 18 years on the relevant day; andis ordinarily resident in the United Kingdom and Islands on the relevant day.in paragraph 8 after “relevant day” insert “, provided that this paragraph will not apply where it would result in the payment of an allowance to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 6A”.(1) The Education Authority Bursaries (Scotland) Regulations 1995at the end of the definition of “relevant date” omit “and”;at the end of the definition of “Switzerland Agreement” for “2002.” substitute “2002; and”; andafter that definition insert–
      • “temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.
    .    after paragraph 3A insert–
      (3B) A person who–
    • (a) at the date of the education authority receiving his application for a bursary has been granted temporary protection and who has been ordinarily resident in the British Islands at all times since he was first granted temporary protection;
    • (b) has not attained the age of 18 years on the relevant date; and
    • (c) is ordinarily resident in the area of the education authority on the qualifying day,
      • provided that a bursary paid to a person only by virtue of that person qualifying under this paragraph shall not continue beyond the end of any academic year in which that person attains the age of 18 years.
    ; and    at the date of the education authority receiving his application for a bursary has been granted temporary protection and who has been ordinarily resident in the British Islands at all times since he was first granted temporary protection;has not attained the age of 18 years on the relevant date; andis ordinarily resident in the area of the education authority on the qualifying day,in paragraph 5 after “relevant date” insert “, provided that this paragraph will not apply where it would result in the payment of a bursary to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 3B”.(1) The Education (Fees and Awards) (Scotland) Regulations 1997at the end of the definition of “refugee” omit “and”;at the end of the definition of “Switzerland Agreement” for “2002.” substitute “2002; and”; andafter that definition insert–
      • “temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.
    .    (3) In Schedule 1 after paragraph 3A insert–
    • (3B) A person shall be an excepted student if he–
    • (a) is a person who has been granted temporary protection;
    • (b) did not attain the age of 18 years prior to the beginning of the current academic year of the student’s course; and
    • (c) has been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection.
    is a person who has been granted temporary protection;did not attain the age of 18 years prior to the beginning of the current academic year of the student’s course; andhas been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection.(4) In Schedule 2 after paragraph 2 insert–
    • (2A) A person shall be an excepted candidate if he–
    • (a) is a person who has been granted temporary protection;
    • (b) has not attained the age of 18 years on the relevant date; and
    • (c) has been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection.
    is a person who has been granted temporary protection;has not attained the age of 18 years on the relevant date; andhas been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection.(1) The Students' Allowances (Scotland) Regulations 1999

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