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

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 7th May 2005, amend the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992, the Education Authority Bursaries (Scotland) Regulations 1995, the Education (Fees and Awards) (Scotland) Regulations 1997, the Students' Allowances (Scotland) Regulations 1999, the Education (Student Loans) (Scotland) Regulations 2000 and the Education Maintenance Allowances (Scotland) Regulations 2004 (“the principal Regulations”).

The amendments are a requirement of Council Directive 2001/55/EC (O.J. No. L 212, 20.7.01, p.12) on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member States in receiving such persons and bearing the consequences thereof.

These Regulations are wholly concerned with the implementation of Council Directive 2001/55/EC and partly implement the requirements of the Directive. The purpose of the Directive is to establish minimum standards for giving temporary protection in the event of a mass influx of displaced persons who cannot return to their country of origin. Temporary protection is a procedure of exceptional character and the existence of a mass influx of displaced persons will be established by a decision by the Council of the European Union. Under Part 11A of the Immigration Rules the Secretary of State will then grant some of these persons temporary protection in the UK.

Once it has been established that persons are entitled to temporary protection, the Directive sets out the obligations of member States towards persons enjoying temporary protection. Article 14.1 of the Directive requires member States to grant to persons under 18 years of age enjoying temporary protection access to the education system under the same conditions as nationals of the host member State.

These Regulations amend the principal Regulations to introduce into each of these Regulations an eligible category of individuals for each academic year consisting of those who have been granted the status of temporary protection, who are under 18 years of age prior to the start of the current academic year and who meet residence conditions equivalent to those applying to UK nationals.