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The Education (Fees and Awards) (Scotland) Amendment Regulations 1997

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Citation, commencement and extent

1.  These Regulations may be cited as the Education (Fees and Awards) (Scotland) Amendment Regulations 1997, shall come into force on 10th September 1997 and shall extend to Scotland only.

Application of Regulations

2.  The amendments made by regulation 3 of these Regulations shall not apply to the application of the Education (Fees and Awards) (Scotland) Regulations 1997(1) for the purpose of determining the level of fees chargeable in the case of students commencing their course before 1st September 1998 or the eligibility of candidates for awards in the case of applications for awards made before that date.

Amendment of the Education (Fees and Awards) (Scotland) Regulations 1997

3.—(1) The Education (Fees and Awards) (Scotland) Regulations 1997 shall be amended in accordance with the following paragraphs.

(2) At the end of regulation 6 (relevant connection with the United Kingdom and Islands) there shall be added–

; and

(c)at the date referred to in paragraph (a) he is settled in the United Kingdom within the meaning of the Immigration Act 1971(2)..

(3) For paragraph (c) of regulation 9 (relevant connection with Scotland) there shall be substituted–

(c)at the date referred to in paragraph (a) he is settled in the United Kingdom within the meaning of the Immigration Act 1971 and, if not a British Citizen, enjoys in the United Kingdom the status of a Commonwealth Citizen..

(4) At the end of regulation 12 (relevant connection with England) there shall be added–

; and

(c)at the date referred to in paragraph (a) he is settled in the United Kingdom within the meaning of the Immigration Act 1971..

(5) In Schedule 1 (fees-excepted students) paragraph 4 shall be omitted.

Fees chargeable in respect of certain students commencing course before 1st September 1998

4.  In any case where, in relation to a student who is the spouse of an EEA migrant worker and who is not a national of an EEA State, the date of commencement of the first term of his course is before 1st September 1998, paragraph 6(1)(b) of Schedule 1 to the Education (Fees and Awards) (Scotland) Regulations 1997 shall have effect as if there were substituted for sub-head (i)–

(i)has been ordinarily resident in the European Economic Area throughout the period of one year preceding the relevant date referred to in regulation 6(a),.

Fees chargeable in respect of certain students commencing course before 1st September 2000

5.  In any case where the date of commencement of the first term of a student’s course is before 1st September 2000, Schedule 1 to the Education (Fees and Awards) (Scotland) Regulations 1997 shall have effect as if there were inserted after paragraph 3–

3A.(1) A person shall be an excepted student if–

(a)at the date referred to in regulation 6(a) he is settled in the United Kingdom;

(b)he neither had the right of abode in the United Kingdom nor was settled there at, or at a time before, the beginning of the 3 year period so referred to; and

(c)at any time during that 3 year period he was ordinarily resident in Hong Kong.

(2) References in this paragraph to a person having the right of abode in the United Kingdom or being settled there have the same meanings respectively as in the Immigration Act 1971..

Malcolm Chisholm

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

11th August 1997

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