The Education Authority Bursaries and Students' Allowances (Scotland) Amendment Regulations 1997

Education Authority Bursaries

2.  The Education Authority Bursaries (Scotland) Regulations 1995(1) shall be amended as follows:–

(a) in paragraph (1) of regulation 2 (interpretation) after the definition of “EEA Agreement” there shall be inserted the following definition:–

• ““EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom–

  (a)

  under Council Regulation (EEC) No.1612/68(2) on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement); or

  (b)

  in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation;”;

(b) in paragraph 1 of Schedule 1 (persons eligible for bursaries) there shall be added at the end–

• “; and

  (c)

  is settled in the United Kingdom within the meaning of the Immigration Act 1971(3) on the relevant date.”;

(c) for paragraph 2 of Schedule 1 there shall be substituted the following paragraphs:–

“2.   A person who is an EEA migrant worker who–

(a) is entitled to the payment of a bursary by virtue of Article 7(2) or (3) of Council Regulation (EEC) 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole of the European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3);

(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and

(c) (i) is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary; or

(ii) is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.

2A.   A person who is the spouse of an EEA migrant worker and who–

(a) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date;

(b) is installed in the United Kingdom with his spouse; and

(c) (i) is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary, or

(ii) is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.

2B.   A person who is the child of an EEA migrant worker and who–

(a) is entitled to the payment of a bursary by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12;

(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and

(c) (i) is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary, or

(ii) is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.”;

(d) in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”;

(e) after paragraph 3 of Schedule 1 there shall be inserted the following paragraph:–

“3A.   A person who–

(a) (i) has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom and he has been granted leave to enter or remain accordingly;

(ii) is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which he seeks a bursary; and

(iii) has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date; or

(b) is the spouse or child of a person of the kind described in sub-paragraph (a).”; and

(f) in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted “, 2A(a), 2B(b), 3A(a)(iii)”.

(1)

S.I. 1995/1739.

(2)

O.J. No.L257, 19.10.68, p.2 (OJ/SE 1968 (II), p.475), amended by Council Regulation (EEC) No.2434/92 (O.J. No.L245, 26.8.92, p.1).

(3)

1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule and the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.