The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013

Citation and commencement

1.—(1) These Regulations may be cited as the Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013.

(2) These Regulations, with the exception of regulations 17 to 19 and 31 to 33, come into force on 1st April 2013.

(3) Regulations 17 to 19 and 31 to 33 come into force on 1st August 2013.

Amendment of the Education (Access Funds) (Scotland) Regulations 1990

2.  The Education (Access Funds) (Scotland) Regulations 1990(1) are amended in accordance with regulation 3 below.

3.  At the end of regulation 2(e) insert—

“(f) a college of further education other than one mentioned in paragraphs (c) to (e), to any person responsible for the management of the college.”.

Amendment of the Repayment of Student Loans (Scotland) Regulations 2000

4.  The Repayment of Student Loans (Scotland) Regulations 2000(2) are amended in accordance with regulations 5 to 7.

5.  In regulation 10 (interpretation), omit the definition “Eurostat”.

6.—(1) Regulation 13A (repayment by income related instalments) is amended as follows.

(2) For paragraph (3) substitute—

“(3) The Scottish Ministers must determine the amount of each instalment and must ensure that the total amount of all instalments paid in the period up to 12 months from the date of the first instalment referred to in paragraph (2) does not exceed the relevant  amount.”.

(3) In paragraph (5), for “the instalment” substitute “each instalment”.

7.—(1) Regulation 13B (calculation of fixed instalment and applicable threshold) is amended as follows.

(2) For paragraph (4) substitute—

“(4) Price level indices shall be calculated using the most recent provisional comparative price level indices measured in gross domestic product produced by the World Bank’s Development Indicators.”.

(3) Omit paragraph (5).

(4) In paragraph (6), omit “or (5)”.

Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006

8.  The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006(3) are amended in accordance with regulations 9 and 10.

9.  For the definition of “family member” in regulation 2(1) (interpretation) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

10.  In paragraph 3(1)(a)(ii) of Schedule 1 (eligible students) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union(4)”.

Amendment of the Education Authority Bursaries (Scotland) Regulations 2007

11.  The Education Authority Bursaries (Scotland) Regulations 2007(5) are amended in accordance with regulations 12 and 13.

12.  For the definition of “family member” in regulation 2(1) (interpretation) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

13.—(1) Schedule 1 (persons eligible for bursaries) is amended as follows.

(2) In paragraph 3(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3) In paragraph 9—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) is, on the relevant date—

(i) an EC national; or

(ii) the family member of an EC national accompanying or joining that EC national in the United Kingdom;”; and

(b) in sub-paragraph (3) for paragraph (b) substitute—

“(b) a United Kingdom national has utilised a right of residence if that person has—

(i) exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii) resided in a state—

(aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb) of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.

Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007

14.  The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(6) are amended in accordance with regulations 15 and 16.

15.  For the definition of “family member” in regulation 2 (interpretation) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

16.—(1) Schedule 1 (persons eligible for allowances) is amended as follows.

(2) In paragraph 3(1)(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3) In paragraph 9—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) is, on the relevant date—

(i) an EC national, or

(ii) the family member of an EC national accompanying or joining that EC national in the United Kingdom;”; and

(b) in sub-paragraph (3) for paragraph (b) substitute—

“(b) a United Kingdom national has utilised a right of residence if that person has—

(i) exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii) resided in a state—

(aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb) of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.

Amendment of the Education (Fees and Awards) (Scotland) Regulations 2007

17.  The Education (Fees and Awards) (Scotland) Regulations 2007(7) are amended in accordance with regulations 18 and 19.

18.  For the definition of “family member” in regulation 2(1) (interpretation) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

19.—(1) Schedule 1 (fees – excepted students) is amended as follows.

(2) In paragraph 3(b) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3) In paragraph 9—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) is, on the date referred to in regulation 5(a)—

(i) an EC national; or

(ii) the family member of an EC national accompanying or joining that EC national in the United Kingdom;”; and

(b) in sub-paragraph (3) for paragraph (b) substitute—

“(b) a United Kingdom national has utilised a right of residence if that person has—

(i) exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii) resided in a state—

(aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb) of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.

Amendment of the Students’ Allowances (Scotland) Regulations 2007

20.  The Students’ Allowances (Scotland) Regulations 2007(8) are amended in accordance with regulations 21 to 23.

21.—(1) Regulation 2(interpretation) is amended as follows.

(2) For the definition of “family member” in paragraph (1) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

(3) In paragraph (3) for “paragraph 1(a)” substitute “paragraphs 1(a), 5(b), 6(a)(iii) and (b), 6A(a)(iii) and (b) and 7(c).

(4) In paragraph (4) for “paragraph 1(a)” substitute “paragraphs 1(a), 5(b), 6(a)(iii) and (b), 6A(a)(iii) and (b) and 7(c)”.

22.  At the end of Regulation 3(1) (persons eligible for allowances) insert “but a person shall not be eligible for an allowance if the person has, in the opinion of the Scottish Ministers, as determined by them, shown themselves by their conduct to be unfitted to receive an allowance.”.

23.—(1) Schedule 1 (persons eligible for allowances) is amended as follows.

(2) In paragraph 3(1)(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3) In paragraph 9—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) is, on the relevant date—

(i) an EC national; or

(ii) the family member of an EC national accompanying or joining that EC national in the United Kingdom;”; and

(b) in sub-paragraph (3) for paragraph (b) substitute—

“(b) a United Kingdom national has utilised a right of residence if that person has—

(i) exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii) resided in a state—

(aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb) of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.

Amendment of the Education (Student Loans) (Scotland) Regulations 2007

24.  The Education (Student Loans) (Scotland) Regulations 2007(9) are amended in accordance with regulations 25 to 27.

25.  For the definition of “family member” in regulation 2(1) (interpretation) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

26.  In regulation 11(1) (means test) for “shall” substitute “may”.

27.—(1) Schedule 1 (eligible students) is amended as follows.

(2) In paragraph 3(1)(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union(10)”.

(3) In paragraph 8A—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) is, on the first day of the first academic year of the course—

(i) an EU national; or

(ii) the family member of an EU national accompanying or joining that EU national in the United Kingdom;”; and

(b) in sub-paragraph (3) for paragraph (b) substitute—

“(b) a United Kingdom national has utilised a right of residence if that person has—

(i) exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii) resided in a state—

(aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb) of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.

Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007

28.  The Education Maintenance Allowances (Scotland) Regulations 2007(11) are amended in accordance with regulations 29 and 30.

29.  In regulation 2(1) (interpretation)—

(a) for the definition of “family member” substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”; and

(b) omit the definition “Free Movement Regulation”.

30.  In paragraph 3(1)(a)(ii) of Schedule 1 (persons eligible for education maintenance allowances) for “Article 12 of the Free Movement Regulation” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, as extended by the EEA agreement”.

Amendment of the Education (Fees) (Scotland) Regulations 2011

31.  The Education (Fees) (Scotland) Regulations 2011(12) are amended in accordance with regulations 32 and 33.

32.—(1) Regulation 2 (interpretation) is amended as follows.

(2) For the definition of “family member” in paragraph (1) substitute—

““family member” means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner;”.

(3) In paragraph (3) after “regulation 3(a)” insert “and paragraphs 4(b), 5(a)(iii) and (b), 6(a)(iii) and (b) and 7(c) of Schedule 1”.

(4) In paragraph (4) after “regulation 3(a)” insert “and paragraphs 4(b), 5(a)(iii) and (b), 6(a)(iii) and (b) and 7(c) of Schedule 1”.

33.—(1) Schedule 1 (fees – excepted students) is amended as follows.

(2) In paragraph 2(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3) In paragraph 10—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) is, on the relevant date—

(i) an EU national; or

(ii) the family member of an EU national accompanying or joining that EU national in the United Kingdom;”; and

(b) in sub-paragraph (3) for paragraph (b) substitute—

“(b) a United Kingdom national has utilised a right of residence if that person has—

(i) exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii) resided in a state—

(aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb) of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

26th February 2013