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Citation and commencement

1.  These Regulations may be cited as the Students' Allowances (Scotland) Amendment Regulations 2001 and shall come into force on 1st August 2001.

Amendment of the Students' Allowances (Scotland) Regulations 1999

2.  The Students' Allowances (Scotland) Regulations 1999(1) are amended as follows.

3.  In regulations 3(1) and 4(1)(b), for “attending”, there is substituted “undertaking”.

4.  In regulation 5(1)(a), for “in writing”, there is substituted “in such form as the Scottish Ministers may require”.

5.  In regulation 5(3)(a), for “attend regularly”, there is substituted “comply with the requirements of”.

6.  In paragraph 3(1) of Schedule 2–

(a)“has” is omitted;

(b)at the beginning of paragraphs (a), (c) and (d), “has” is inserted; and

(c)in paragraph (b), for “been” there is substituted “is” and “for at least two years” is omitted.

7.  For paragraph 3(2) of Schedule 2, there is substituted–

(2) A person shall be regarded as having supported themselves out of their earnings for any period during which they–

(a)were participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local;

(b)were in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;

(c)were available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) or (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit;

(d)received any pension, allowance or other benefit paid by reason of a disability to which they are subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer or by any other person;

(e)held a Scottish Studentship or comparable award; or

(f)could not reasonably be expected to support themselves out of their earnings because they had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon them..

ALASDAIR MORRISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th June 2001