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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) (Scotland) Regulations 1997 (the 1997 Regulations), Part II of which permits further and higher education institutions to charge a higher fee to overseas students than to home students. The criteria set by the 1997 Regulations for qualification for the home student fee are 3 years ordinary residence in the United Kingdom and Islands prior to the start of a course, no part of this residence having been wholly or mainly for the purpose of receiving full-time education. These Regulations amend the 1997 Regulations to add a further qualifying condition that the student should also be “settled in the United Kingdom” within the meaning of the Immigration Act 1971. Parts III and IV of the 1997 Regulations allow the rules of eligibility for certain awards to restrict the awards to candidates having a relevant connection with Scotland or England respectively. The relevant connection is a residential qualification similar to that for the home student fee. These Regulations again add the requirement that the candidate should be “settled in the United Kingdom”. Regulation 2 provides that the new condition will not apply to students commencing their course before 1st September 1998.

Regulation 4 amends the effect of paragraph 6(1)(b) of Schedule 1 to the 1997 Regulations, which provides for the spouse of a European Economic Area (EEA) migrant worker to be an “excepted student”, and thus charged home student fees, if certain conditions are fulfilled. One condition is that the spouse must have been ordinarily resident in the EEA for a 3 year period. Regulation 4 reduces this period to 1 year where the spouse is not an EEA national. This is in line with the position in England and Wales under the Education (Fees and Awards) Regulations 1994 (S.I. 1994/3042) as amended by the Education (Fees and Awards) (Amendment) Regulations 1996 (S.I. 1996/1640). The amendment has effect only until 1st September 1998 after which it is intended to require a 3 year period both in England and Wales and in Scotland.

Regulation 5 amends the effect of Schedule 1 to the 1997 Regulations to add a further category of “excepted student” in relation to students commencing their course before 1st September 2000. This category covers certain persons recently settled in the United Kingdom who have been ordinarily resident in Hong Kong at any time in the 3 years prior to the start of their course.