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The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2018

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1.  These Regulations may be cited as the Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2018 and come into force on 1st August 2018.

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

2.—(1) The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation)—

(a)in paragraph (4)(b)(i), for “that person is not an independent student”, substitute “the person who is undertaking a course of education is not an independent student”;

(b)at the beginning of paragraph (4)(b)(ii), insert “the”; and

(c)in paragraph (9)(a), for “paragraph 2(4)(b)” substitute “paragraph (4)(b)”.

(3) In regulation 3(3) (eligible students), omit sub-paragraph (b) and the preceding “or”.

(4) In regulation 4(1)(b) (designated courses), omit from “except” to “degree,”.

(5) After paragraph 6B of schedule 1 (eligible students), insert—

6C.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia Scheme operated by the Home Department(2);

(ii)has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such limited leave to remain in 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, child or stepchild of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course.

6D.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules 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 limited leave to remain in 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, child or stepchild of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course..

(6) In schedule 2 (designated courses), omit paragraphs 8 and 9.

Amendment of the Education Authority Bursaries (Scotland) Regulations 2007

3.  After paragraph 6B of schedule 1 (persons eligible for bursaries) of the Education Authority Bursaries (Scotland) Regulations 2007(3), insert—

6C.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia 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 limited leave to remain in 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 education 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 the residence requirement specified in sub-paragraph (a)(iii).

6D.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules operated by the Home Department;

(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such limited leave to remain in 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 education 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 the residence requirement specified in sub-paragraph (a)(iii)..

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

4.  After paragraph 6B of schedule 1 (persons eligible for allowances) of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(4), insert—

6C.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

6D.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date..

Amendment of the Students’ Allowances (Scotland) Regulations 2007

5.  After paragraph 6B of schedule 1 (persons eligible for allowances) of the Students’ Allowances (Scotland) Regulations 2007(5), insert—

6C.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

6D.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date..

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

6.—(1) The Education (Student Loans) (Scotland) Regulations 2007(6) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation)—

(a)in paragraph (1), in the definition of “loan”, in sub-paragraphs (a) and (aa), for “vocational course” in each place that it occurs substitute “taught course”; and

(b)in paragraph (8)(a), for “paragraph 2(4)(b)” substitute “paragraph (4)(b)”.

(3) In regulation 4 (designated courses)—

(a)for paragraph (1)(b), substitute—

(b)either—

(i)in relation to a taught course leading to a Postgraduate Diploma or to a Postgraduate masters degree, a full-time course or a part-time course; or

(ii)in relation to any other course, a full-time course or a sandwich course;;

(b)at the end of paragraph (1)(d), insert—

, but in relation to a taught course leading to a Postgraduate Diploma or to a Postgraduate masters degree, excluding—

(i)part-time courses wholly provided by an educational institution or institutions outside Scotland; and

(ii)full-time courses wholly provided by an educational institution or institutions outside Scotland, unless there is no equivalent course provided by any Scottish institution or institutions.;

(c)after paragraph (4), insert—

(4A) For the purposes of these Regulations, a taught course:

(a)means a course which requires a minimum amount of teaching or contact time between the student and teaching staff at the institution, in the form of lectures, tutorials or seminars, and

(b)includes a course which is delivered by distance learning, where the sole or principal method of teaching by the institution does not require the student to attend on campus, but instead where lessons or classes are conducted remotely via digital or electronic means and where course work is submitted by correspondence.

(4B) For the purposes of these Regulations, a part-time course means a course where the normal period for completion of the total number of credits required for the course when studied at a full-time pace is extended over a longer period of time, but where—

(a)the duration of the course does not exceed twice the usual duration of the full-time equivalent course leading to the same qualification; or

(b)in the absence of any full-time equivalent for the course in question, it is ordinarily possible to complete the course on a part-time basis in up to three academic  years..

(4) In schedule 1 (eligible students)—

(a)after paragraph 6B, insert—

6C.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course.

6D.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course.; and

(b)in paragraph 8A, sub-paragraph (1)(c), for the word “vocational” substitute “taught”.

(5) In schedule 2 (designated courses), in paragraphs 8 and 9, for “vocational” substitute “taught”.

Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007

7.  After paragraph 6B of schedule 1 (persons eligible for education maintenance allowances) of the Education Maintenance Allowances (Scotland) Regulations 2007(7), insert—

6C.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the qualifying date.

6D.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the qualifying date..

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

8.  After paragraph 6A of schedule 1 (fees-excepted students) of the Education (Fees) (Scotland) Regulations 2011(8), insert—

6B.  A post 2011/12 student is an excepted student if that post 2011/2012 student—

(a)is an Afghan national who—

(i)has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

6C.  A post 2011/12 student is an excepted student if that post 2011/12 student—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules 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 limited leave to remain in 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 sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date..

Amendment of the Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2017

9.—(1) The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2017(9) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 10(1)(b) (amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007)—

(a)for “(5)(b)” substitute “5(b)” and for “(6)(a)(iii) and (b)” substitute “6(a)(iii) and (b)”.

(3) In regulation 22 (amendment of the Education Maintenance Allowances (Scotland) Regulations 2007), for “regulation 2(3) and (4)” substitute “regulation 2(2) and (3)”.

S SOMERVILLE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd May 2018

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