The Education (Fees and Student Support) (Miscellaneous Amendments) (EU Exit) (Scotland) Regulations 2019

Citation and commencement

1.  These Regulations may be cited as the Education (Fees and Student Support) (Miscellaneous Amendments) (EU Exit) (Scotland) Regulations 2019 and come into force on 6 April 2019.

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

2.  In the Repayment of Student Loans (Scotland) Regulations 2000(1), regulation 9 (refunds) is amended as follows—

(a) at the end of paragraph (5)(b) delete “and”,

(b) in paragraph (5)(c) after “Part 4 of the Collection Regulations” insert “in respect of the year of assessment ending on 5 April 2019 or any previous year of assessment”, and

(c) after paragraph (5)(c) insert—

“; and

(d) where an amount is deducted by an employer under Part 4 of the Collection Regulations in respect of the year of assessment beginning on 6 April 2019 or any subsequent year of assessment, a repayment of that amount is considered to have been received by the Scottish Ministers on—

(i) the day on which it was deducted by the employer, or

(ii) where an adjustment is made in relation to the deduction, on such other day as HMRC specifies in order to take account of that adjustment.”.

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

3.  In schedule 1 (eligible students) of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006(2)—

(a) after paragraph 6D insert—

“6E.— (1) A person who—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c) is ordinarily resident in Scotland on the first day of the first academic year of the course.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and

(b) after paragraph 11 insert—

“12.   A person who would have fallen within one or more of paragraphs 1 to 11 immediately before exit day is to be treated as falling within the same paragraph or paragraphs on and after exit day.”.

Amendment of the Education Authority Bursaries (Scotland) Regulations 2007

4.  In schedule 1 (persons eligible for bursaries) of the Education Authority Bursaries (Scotland) Regulations 2007(3)—

(a) After paragraph 6D insert—

“6E.— (1) A person who—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b) has been ordinarily resident in the British Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c) 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.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and

(b) after paragraph 12 insert—

“13.   A person who would have fallen within one or more of paragraphs 1 to 12 immediately before exit day is to be treated as falling within the same paragraph or paragraphs on and after exit day.”.

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

5.  In schedule 1 (persons eligible for allowances) of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(4)—

(a) after paragraph 6D insert—

“6E.— (1) A person who—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery;

(b) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom; and

(c) is ordinarily resident in Scotland on the relevant date.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and

(b) after paragraph 12 insert—

“13.   A person who would have fallen within one or more of paragraphs 1 to 12 immediately before exit day is to be treated as falling within the same paragraph or paragraphs on and after exit day.”.

Amendment of the Students’ Allowances (Scotland) Regulations 2007

6.—(1) The Students’ Allowances (Scotland) Regulations 2007(5) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2—

(a) in paragraph (3) after “6B(a)(iii) and (b)” insert “, 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”, and

(b) in paragraph (4) after “6B(a)(iii) and (b)” insert “, 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”.

(3) In schedule 1 (persons eligible for allowances)—

(a) after paragraph 6D insert—

“6E.— (1) A person who—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery;

(b) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom; and

(c) is ordinarily resident in Scotland on the relevant date.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and

(b) after paragraph 12 insert—

“13.   A person who would have fallen within one or more of paragraphs 1 to 12 immediately before exit day is to be treated as falling within the same paragraph or paragraphs on and after exit day.”.

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

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

(2) In regulation 2(1) (interpretation), in the definition of “loan”—

(a) in sub-paragraph (a) after “Postgraduate masters degree,” insert “or undertaking a full-time or part-time research course leading to a Postgraduate masters degree,”,

(b) in sub-paragraph (aa) after “Postgraduate masters degree,” insert “or undertaking a full-time (but not a part-time) research course leading to a Postgraduate masters degree,”.

(3) In regulation 3(2)(d) (eligible students)—

(a) at the end of head (iii), omit “or”, and

(b) after head (iv) insert—

“or

(v) any allowance, bursary or award of a similar description paid by United Kingdom Research and Innovation(7), where that person is undertaking a research course leading to a Postgraduate masters degree,”.

(4) In regulation 4 (designated courses)—

(a) in paragraph (1)(b)(i) after “Postgraduate masters degree,” insert “or in relation to a research course leading to a Postgraduate masters degree,”,

(b) in paragraph (1)(d) after “Postgraduate masters degree,” insert “or to a research course leading to a Postgraduate masters degree,”, and

(c) after paragraph (4A) insert—

“(4AA) For the purposes of these Regulations, a research course means a course where the primary manner of study and assessment is based on independent research conducted by the student.”.

(5) In schedule 1 (eligible students)—

(a) after paragraph 6D insert—

“6E.— (1) A person who—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c) is ordinarily resident in Scotland on the first day of the first academic year of the course.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”,

(b) in paragraph 8A(1)(c) after “Postgraduate masters degree” insert “, or a research course leading to a Postgraduate masters degree,”, and

(c) after paragraph 11 insert—

“12.   A person who would have fallen within one or more of paragraphs 1 to 11 immediately before exit day is to be treated as falling within the same paragraph or paragraphs on and after exit day.”.

(6) In schedule 2 (designated courses) after paragraph 9 insert—

“9A.   A research course leading to a Postgraduate masters degree.”.

Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007

8.—(1) The Education Maintenance Allowances (Scotland) Regulations 2007(8) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2—

(a) in paragraph (2) after “6B(a)(iii) and (b)” insert “, 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”, and

(b) in paragraph (3) after “6B(a)(iii) and (b)” insert “, 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”.

(3) In schedule 1 (persons eligible for education maintenance allowances)—

(a) after paragraph 6D insert—

“6E.— (1) A person who—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c) is ordinarily resident in Scotland on the qualifying date.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and

(b) after paragraph 11 insert—

“12.   A person who would have fallen within one or more of paragraphs 1 to 11 immediately before exit day is to be treated as falling within the same paragraph or paragraphs on and after exit day.”.

Amendment of the Education (Fees) Scotland Regulations 2011

9.—(1) The Education (Fees) (Scotland) Regulations 2011(9) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2—

(a) in paragraph (3) after “6A(a)(iii) and (b)” insert “, 6B(a)(iii) and (b), 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”, and

(b) in paragraph (4) after “6A(a)(iii) and (b)” insert “, 6B(a)(iii) and (b), 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”.

(3) In schedule 1 (fees-excepted students)—

(a) after paragraph 6C insert—

“6D.— (1) A post 2011/12 student is an excepted student if that post 2011/12 student—

(a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c) is ordinarily resident in Scotland on the relevant date.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and

(b) after paragraph 13 insert—

“14.   A post 2011/12 student is an excepted student on or after exit day if that post 2011/12 student would have been an excepted student immediately before exit day by virtue of falling within one or more of paragraphs 1 to 13.”.

RICHARD LOCHHEAD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2019