Amendment of the Education (Student Loans) (Scotland) Regulations 2007
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(1)”.
(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.”.
OJ L 141, 27.5.2011, p.3.