The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021

Amendment of schedule 1 (fees – excepted students)

29.  In schedule 1 (fees – excepted students)—

(a) for paragraph 1, substitute—

“1.— (1) A person with protected rights or a qualifying frontier worker who—

(a) is—

(i) an EEA migrant worker or an EEA self-employed person,

(ii) a Swiss employed person or a Swiss self-employed person,

(iii) a family member of a person mentioned in sub-head (i) or (ii),

(iv) an EEA frontier worker or an EEA frontier self-employed person,

(v) a Swiss frontier employed person or a Swiss frontier self-employed person, or

(vi) a family member of a person mentioned in sub-head (iv) or (v),

(b) has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.

(2) In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(1) who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.

(3) In this paragraph, any description of a person in sub-paragraph (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraph (1)(a)(iii) and (vi) are to be construed accordingly.”,

(b) in paragraph 2—

(i) in sub-paragraph (a), after “is”, insert “a person with protected rights who is”,

(ii) omit sub-paragraph (a)(i),

(iii) in sub-paragraph (b), after “resident in”, insert “the United Kingdom, Islands, Gibraltar or”,

(iv) insert at the end—

“, and

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

(c) in paragraph 3,

(i) for sub-paragraph (1), substitute—

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

(a) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(b) was ordinarily resident in Scotland for at least 3 continuous years 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 before IP completion day,

(c) was ordinarily resident on IP completion day—

(i) in Gibraltar or the territory comprising the European Economic Area and Switzerland, or

(ii) in the United Kingdom and Islands, immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the first day of the relevant date

(d) has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date,

(e) in a case where the person’s ordinary residence referred to in head (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in head (d), and

(f) is undertaking a course for which the first day of the first academic year of the course is prior to 31 July 2028,”,

(ii) in sub-paragraph (2)(a)(ii), for “with rights under”, substitute “for the purposes of”,

(iii) in sub-paragraph (2)(a)(iii), for “has a right”, substitute “had a right”, and

(iv) in sub-paragraph (2)(b)(ii), for “has a right”, substitute “had a right”

(v) in sub-paragraph (3), insert at the end—

“and is accompanying or joining that United Kingdom national in the United Kingdom.”.

(d) omit paragraph 9,

(e) in paragraph 10—

(i) for sub-paragraph (1), substitute—

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

(a) is a person with protected rights who is either an EU national or the family member of an EU national,

(b) has been ordinarily resident in the area comprising the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date,

(c) is ordinarily resident in the United Kingdom and Islands on the relevant date,

(d) in a case where the person’s ordinary residence referred to in head (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in head (b).”,

(ii) omit sub-paragraph (2),

(iii) in sub-paragraph (3)—

(aa) in head (a), for “an EU national does not include a”, substitute, “a person with protected rights does not include an EU national who is also”,

(bb) insert at the end—

“(c) in sub-paragraph (1)(a), the reference to a “family member of an EU national” is to be read as if a relevant person of Northern Ireland were included in the definition of “EU national” in regulation 2.”,

(iv) omit sub-paragraph (4),

(f) for paragraph 11, substitute—

“11.   A post 2011/12 student is an excepted student if that post 2011/12 student—

(a) is the child of a Swiss national,

(b) is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss Citizens’ Rights Agreement,

(c) has been ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).”,

(g) in paragraph 13—

(i) in sub-paragraph (a), after “worker” insert, “(“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day”,

(ii) after sub-paragraph (a), insert—

“(aa) was ordinarily resident in the United Kingdom immediately before IP completion day,”

(iii) after “resident” in sub-paragraph (c), insert “in the United Kingdom, Islands, Gibraltar and”,

(h) after paragraph 13, insert—

“13A.   A person who—

(a) is an Irish national,

(b) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

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

(d) has been ordinarily resident in the United Kingdom, Islands and the Republic of Ireland throughout the period of three years immediately preceding the relevant date.”.

(i) for paragraph 14, substitute—

“14.   Subject to regulation 2(7), a post 2011/12 student is an excepted student if that student is a person to whom, or in respect of whom, relevant fees have been paid in accordance with these Regulations within the year immediately preceding the first day of the academic year of the course for which that person is applying for funding, provided the person is continuing to undertake the same course.”.

(1)

S.I. 2020/1213.