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

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Amendment of Nursing and Midwifery Regulations

2.—(1) The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(1) shall be amended as follows.

(2) In regulation 2–

(a)at the end of the definition of “Health Board” omit “and”;

(b)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;;

(c)at the end of the definition of “Switzerland Agreement” for “2002.” substitute “2002; and”; and

(d)after that definition insert–

“temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules(2)..

(3) In Schedule 1–

(a)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

(b)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”.

(2)

HC 395; relevant amending instrument is HC 194.

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