- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
10.—(1) The Schedule to the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007(1) is amended as follows.
(2) In paragraph 1—
(a)in sub-paragraph (1)(2)—
(i)omit the definition of “European Union national”;
(ii)omit “other than the United Kingdom” each time it occurs;
(iii)after the definition of “European Union”, insert—
““EU national” means a national of a Member State of the European Union;”;
(iv)in the definition of “family member”, for “EC national”, substitute “EU national” each time it occurs;
(v)in the definition of “overseas territories”, after “French Southern and Antarctic Territories;”, insert “Gibraltar;”;
(b)in sub-paragraph (3)(3)—
(i)for “the territory comprising the European Economic Area and Switzerland”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;
(ii)for “the territory comprising the European Economic Area, Switzerland and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;
(iii)for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;
(c)in sub-paragraph (4)(b) and (c), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;
(d)in sub-paragraph (5)(4), after “an area”, insert “other than the United Kingdom or Gibraltar”.
(3) In the following paragraphs, after “the territory comprising”, insert “the United Kingdom,”—
(a)paragraph 3(d)(5) (persons who are settled in the United Kingdom);
(b)paragraph 6(1)(c)(6) (workers, employed persons, self-employed persons and their family members);
(c)paragraph 7(b)(7) (workers, employed persons, self-employed persons and their family members).
(4) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—
(a)in sub-paragraph (1)(d)(8), after “the territory comprising”, insert “the United Kingdom,”;
(b)in sub-paragraph (1)(e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.
(5) In paragraph 9(9) (EC nationals)—
(a)in the heading, for “EC nationals”, substitute “EU nationals”;
(b)in sub-paragraph (1)—
(i)in paragraph (a)(i), for “EC national”, substitute “EU national”;
(ii)in paragraph (c), after “the territory comprising”, insert “the United Kingdom,”;
(c)for sub-paragraph (1A), substitute—
“(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—
(a)is—
(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under article 7(1) of Directive 2004/38; or
(ii)an EU national; and
(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.”;
(d)after sub-paragraph (2), insert—
“(3) Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.”.
(6) In paragraph 9A(10) (EC nationals)—
(a)in sub-paragraphs (1)(a) and (2), for “a European Union national other than a United Kingdom national”, substitute “an EU national”;
(b)in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”.
(7) In paragraph 10(11) (children of Swiss nationals)—
(a)sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);
(b)in sub-paragraph (1)(c) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;
(c)in sub-paragraph (1)(d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;
(d)after sub-paragraph (1)(d) as so renumbered, insert—
“(2) Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.”.
(8) In paragraph 11(c)(12) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”.
S.I. 2007/778, amended by S.I. 2007/2263, S.I. 2008/1640, S.I. 2011/87, S.I. 2011/1043, S.I. 2012/1653, S.I. 2016/584, S.I. 2017/114 and S.I. 2018/137.
Paragraph 1(1) was amended by S.I. 2011/87, S.I. 2011/1043, S.I. 2012/1653 and S.I. 2018/137.
Paragraph 1(3) was amended by S.I. 2007/2263.
Paragraph 1(5) was amended by S.I. 2011/1043.
Paragraph 3(d) was amended by S.I. 2007/2263.
Paragraph 6 was substituted by S.I. 2007/2263.
Paragraph 7(b) was amended by S.I. 2007/2263.
Paragraph 8(1)(d) was amended by S.I. 2007/2263.
Paragraph 9 was amended by S.I. 2007/2263 and S.I. 2012/1653.
Paragraph 9A was added by S.I. 2007/2263 and subsequently amended by S.I. 2011/1043.
Paragraph 10(c) was amended by S.I. 2007/2263.
Paragraph 11(c) was amended by S.I. 2007/2263.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: