The Education (Student Fees, Awards and Support) (Amendment) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1336 |
| Year | 2007 |
2007 No. 1336
education, England
The Education (Student Fees, Awards and Support) (Amendment) Regulations 2007
Made 26th April 2007
Laid before Parliament 8th May 2007
Coming into force 1st June 2007
The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 19831, sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 19982and sections 24 and 47 of the Higher Education Act 20043:
PART 1
GENERAL
Citation, commencement, application and interpretation
1. These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2007 and come into force on 1st June 2007.
Regulation 4 and Part 2 apply in relation to England only .
2. Regulation 4 and Part 2 apply in relation to England only4.
3. In these regulations—
“1997 Regulations” means the Education (Fees and Awards) Regulations 19975;
“European Institutions Regulations” means the Education (Student Support) (European Institutions) (No. 2) Regulations 20066;
“SSR 2006” means the Education (Student Support) Regulations 20067;
“SSR 2007” means the Education (Student Support) Regulations 20078;
“Student Fees Regulations” means the Student Fees (Qualifying Courses and Persons) Regulations 20069.
Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 2007
The 1997 Regulations are amended in accordance with Part 2.
4. The 1997 Regulations are amended in accordance with Part 2.
The SSR 2006 are amended in accordance with Part 3.
5. The SSR 2006 are amended in accordance with Part 3.
6. The European Institutions Regulations are amended in accordance with Part 4.
7. The Student Fees Regulations are amended in accordance with Part 5.
The SSR 2007 are amended in accordance with Part 6
8. The SSR 2007 are amended in accordance with Part 6
PART 2
AMENDMENTS TO THE 1997 REGULATIONS
Amendment of regulation 2 of the 1997 Regulations
9. In regulation 2 of the 1997 Regulations—
(a) after the definition of “Swiss self-employed person” in paragraph (1A), insert—
““Turkish worker” means a Turkish national who—
(a) is ordinarily resident in the United Kingdom; and
(b) is, or has been, lawfully employed in the United Kingdom;”;
(b) for paragraph (4B), substitute—
“4B A person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—
(i) he;
(ii) his spouse or civil partner;
(iii) his parent; or
(iv) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
4C For the purposes of paragraph (4B), temporary employment outside England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—
(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and
(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.”;
(c) for paragraph (5B), substitute—
“5B For the purposes of regulations 6, 6A, 6B and 7 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—
(a) he;
(b) his spouse or civil partner;
(c) his parent; or
(d) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,
was temporarily receiving full-time education outside the area in question.”.
Amendment of the Schedule to the 1997 Regulations
10. After paragraph 6(10) of the Schedule to the 1997 Regulations, insert—
“11 A person who—
(a) is the child of a Turkish worker;
(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.”.
PART 3
AMENDMENTS TO THE SSR 2006
Amendment of regulation 2 of the SSR 2006
11. After the definition of “transitional award” in regulation 2(1) of the SSR 2006, insert—
““Turkish worker” means a Turkish national who—
(a) is ordinarily resident in the United Kingdom and Islands; and
(b) is, or has been, lawfully employed in the United Kingdom;”.
Amendment of regulation 9 of the SSR 2006
12. After regulation 9(2)(c) of the SSR 2006, insert—
“(ca)
“(ca) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Secretary of State by 3rd March 2008 or within a period of nine months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;”.
Amendment of regulation 14 of the SSR 2006
13. After regulation 14(e) of the SSR 2006, insert—
“(ea)
“(ea) the student becomes the child of a Turkish worker;”.
Amendment of regulation 37 of the SSR 2006
14. After regulation 37(8)(d) of the SSR 2006, insert—
“(da)
“(da) the student becomes the child of a Turkish worker;”.
Amendment of regulation 60 of the SSR 2006
15. In regulation 60 for “an accelerated course” in each place it occurs, substitute “an intensive course”.
Amendment of regulation 64 of the SSR 2006
16. After regulation 64(2)(d) of the SSR 2006, insert—
“(da)
“(da) the student becomes the child of a Turkish worker;”.
Amendment of regulation 84 of the SSR 2006
17. In regulation 84 of the SSR 2006—
(a) in paragraph (12) after “(f)”, insert “, (fa)”;
(b) after paragraph 13(f), insert—
“(fa)
“(fa) the student becomes the child of a Turkish worker,”
Amendment of regulation 92 of the SSR 2006
18. After regulation 92(6)(a) of the SSR 2006, insert—
“(aa)
“(aa) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Secretary of State by 1st December 2007 or within a period of six months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;”.
Amendment of regulation 100 of the SSR 2006
19. After regulation 100(14)(d) of the SSR 2006, insert—
“(da)
“(da) the student becomes the child of a Turkish worker;”.
Amendment of Schedule 1 to the SSR 2006
20. In Schedule 1 to the SSR 2006—
(a) for paragraph 1(4), substitute—
“4 For the purposes of this Schedule, a person is to be treated as ordinarily resident in England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—
(a) he;
(b) his spouse or civil partner;
(c) his parent; or
(d) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,
is or was temporarily employed outside the area in question.”;
(b) for paragraph 1(5), substitute—
“5 For the purposes of sub-paragraph (4), temporary employment outside of England, the United Kingdom and Islands, the territory comprising the...
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