1.—(1) These Regulations may be cited as the Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2016.
(2) Regulations 1, 11, 12 and 13 come into force on 31st March 2016.
(3) Regulations 2, 3 and 4 come into force on 5th April 2016.
(4) Regulations 5, 6, 7, 8, 9, 10 and 14 come into force on 1st August 2016.
2. The Repayment of Student Loans (Scotland) Regulations 2000(1) are amended in accordance with regulations 3 and 4.
3.—(1) Regulation 2 (interpretation) is amended in accordance with this regulation.
(2) In the definition of “repayment threshold”—
(a)in paragraph (b) omit “but before or on 5th April 2016”;
(b)omit from “; and” at the end of paragraph (b) to the end of paragraph (c).
4. In regulation 13B(2A) omit “until and including 6th April 2015”.
5.—(1) The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006(2) are amended in accordance with this regulation.
(2) In Schedule 1 (eligible students) after paragraph 6A insert—
“6B. A person who—
(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in Scotland on the first day of the first academic year of the course; or
(b)is the spouse, civil partner or child of a person of the kind described in subparagraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course.”.
6.—(1) The Education Authority Bursaries (Scotland) Regulations 2007(3) are amended in accordance with this regulation.
(2) In Schedule 1 (persons eligible for bursaries) after paragraph 6A insert—
“6B. A person who—
(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority; or
(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets a residence requirement specified in sub-paragraph (a)(iii).”.
7.—(1) The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(4) are amended in accordance with this regulation.
(2) In Schedule 1 (persons eligible for allowances) after paragraph 6A insert—
“6B. A person who—
(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in the United Kingdom on the relevant date; or
(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in the United Kingdom on the relevant date.”.
8.—(1) The Education (Fees and Awards) (Scotland) Regulations 2007(5) are amended in accordance with this regulation.
(2) In Schedule 1 (fees – excepted students) after paragraph 6A insert—
“6B. A person shall be an excepted student if that person—
(a)is a Syrian national who has been—
(i)granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department; and
(ii)ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; or
(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a).”.
9.—(1) The Students’ Allowances (Scotland) Regulations 2007(6) are amended in accordance with this regulation.
(2) In regulation 2(3) and (4) after “6A(a)(iii) and (b)” insert “, 6B(a)(iii) and (b)”.
(3) In Schedule 1 (persons eligible for allowances) after paragraph 6A insert—
“6B. A person who—
(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in Scotland on the relevant date; or
(b)is the spouse, civil partner or child of a person of the kind described in subparagraph (a) and who is ordinarily resident in Scotland on the relevant date.”.
10.—(1) The Education (Student Loans) (Scotland) Regulations 2007(7) are amended in accordance with this regulation.
(2) In Schedule 1 (eligible students) after paragraph 6A insert—
“6B. A person who—
(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in Scotland on the first day of the first academic year of the course; or
(b)is the spouse, civil partner or child of a person of the kind described in subparagraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course.”.
11. The Education Maintenance Allowances (Scotland) Regulations 2007(8) are amended in accordance with regulations 12 and 13.
12. After paragraph (1) of regulation 2 (interpretation) insert—
“(2) In Schedule 1 for the purposes of paragraphs (1)(a), 5(b), 6(a)(iii) and (b), 6A(a)(iii) and (b), 6B(a)(iii) and (b) and 7(c) a person who is ordinarily resident in Scotland as a result of having moved from the Islands for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the Islands.
(3) In Schedule 1 for the purposes of paragraphs (1)(a), 5(b), 6(a)(iii) and (b), 6A(a)(iii) and (b), 6B(a)(iii) and (b) and 7(c) a person who is ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the part of the United Kingdom from where they moved.”.
13.—(1) Schedule 1 (persons eligible for education maintenance allowances) is amended in accordance with this regulation.
(2) For paragraph 4(1)(b) substitute—
“(b)was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence;”.
(3) After paragraph 6A insert—
“6B. A person who—
(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in Scotland on the qualifying date; or
(b)is the spouse, civil partner or child of a person of the kind described in subparagraph (a) and who is ordinarily resident in Scotland on the qualifying date.”.
14.—(1) The Education (Fees) (Scotland) Regulations 2011(9) are amended in accordance with this regulation.
(2) In regulation 2(3) and (4) after “6(a)(iii) and (b)” insert “, 6A(a)(iii) and (b)”.
(3) In Schedule 1 (fees – excepted students) after paragraph 6 insert—
“6A. A post 2011/12 student is an excepted student if that post 2011/12 student—
(a)is a Syrian national who—
(i)has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;
(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and
(iii)is ordinarily resident in Scotland on the relevant date; or
(b)is the spouse, civil partner or child of a person of the kind described in subparagraph (a) and who is ordinarily resident in Scotland on the relevant date.”.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
2nd February 2016