The Education (Grants for Disabled Postgraduate Students) Regulations (Northern Ireland) 2001

Interpretation

2.—(1) In these Regulations—

• “academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;

• “academic year” has the meaning given to it in paragraph (6);

• “the Department” means the Department of Higher and Further Education, Training and Employment;

• “designated course” means a course designated by or under regulation 4;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

• “EEA migrant worker” has the meaning given to it in paragraph (5);

• “eligible student” means a person whom the Department has determined is eligible for a grant in connection with his undertaking a course in accordance with regulation 3 or 6;

• “European Community” means the territory comprised by the member States of the European Community as constituted from time to time;

• “European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

• “grant” means a grant made in accordance with these Regulations;

• “the Islands” means the Channel Islands and the Isle of Man;

• “the Order” means the Education (Student Support) (Northern Ireland) Order 1998;

• “refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(3) as extended by the Protocol thereto which entered into force on 4th October 1967(4) and any reference to the child of a refugee includes a reference to a step-child; and

• “Research Council or similar body” means a body or institution mentioned in paragraph (7).

(2) For the purposes of these Regulations a person who is ordinarily resident in Northern Ireland, England and Wales, Scotland, the Channel Islands or the Isle of Man as a result of having moved from another of those areas for the purpose of undertaking—

(a) his current course,

(b) a previous designated course which, disregarding any intervening vacation, the student was attending immediately before undertaking his current course, or

(c) his course designated by or under regulations made for the purposes of section 1 of the Education Act 1962(5) or Article 3 of the Order which, disregarding any intervening vacation, the student was undertaking immediately before undertaking the current course

shall be considered to be ordinarily resident in the place from which he moved.

(3) For the purpose of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971(6) for the purposes of these Regulations, a person shall be treated as ordinarily resident in Northern Ireland, England and Wales, the United Kingdom, the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was temporarily employed outside the United Kingdom, the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 7(c) of the Schedule shall not apply in the case of such a person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.

(4) For the purposes of these Regulations an area which—

(a) was previously not part of the European Community or the European Economic Area, but

(b) at any time before or after these Regulations come into operation has become part of one or other or both of these areas

shall be considered to have always been part of the European Community or European Economic Area as the case may be.

(5) In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom—

(a) under Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community(7), as extended by the EEA Agreement; or

(b) in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.

(6) In these Regulations “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September, according to whether the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin the course during August or September and to continue it through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.

(7) In these Regulations—

(a) “Research Council” means any of the following research councils—

• Biotechnology and Biological Sciences Research Council,

• Economic and Social Research Council,

• Engineering and Physical Sciences Research Council,

• Medical Research Council,

• Natural Environment Research Council,

• Particle Physics and Astronomy Research Council; and

(b) “similar body” means either of the following institutions—

• the Arts and Humanities Research Board,

• the British Academy.

(1)

Cmnd. 2073

(2)

Cmnd. 2183

(3)

Cmnd. 9171

(4)

Cmnd. 3906

(5)

1962 c. 12

(6)

1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4; by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12

(7)

O.J. No. L257, 19.10.68, p. 2