The Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Amendment of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007

13.—(1) The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007(1) are amended as follows.

(2) In the Schedule(2)—

(a) in paragraph 1(1)(3)—

(i) omit “other than the United Kingdom” each time it occurs;

(ii) in the definition of “overseas territories”, after “French Southern and Antarctic Territories;”, insert “Gibraltar;”;

(b) in paragraph 1(3)(4)—

(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 paragraph 1(4)(b) and (c), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(d) in paragraph 1(5), after “an area”, insert “other than the United Kingdom or Gibraltar”;

(e) in the following paragraphs, after “the territory comprising”, insert “the United Kingdom,”

(i) paragraph 3(d)(5) (persons who are settled in the United Kingdom);

(ii) paragraph 6(1)(c)(6) (workers, employed persons, self-employed persons and their family members);

(iii) paragraph 7(b)(7) (workers, employed persons, self-employed persons and their family members);

(f) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(d)(8) after “the territory comprising”, insert “the United Kingdom,”;

(ii) in sub-paragraph (1)(e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(g) in paragraph 9(9) (EC nationals)—

(i) in sub-paragraph (1)—

(aa) in paragraph (a)(i)(10), omit “other than a United Kingdom national”;

(bb) in paragraph (c)(11), after “the territory comprising”, insert “the United Kingdom,”;

(ii) in sub-paragraph (1A)(12) —

(aa) omit “other than a United Kingdom national”;

(bb) after “the territory comprising”, insert “the United Kingdom,”;

(iii) 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.”;

(h) in paragraph 9A(13) (EC nationals)—

(i) in sub-paragraphs (1)(a) and (2) omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”;

(i) for paragraph 10(14) (children of Swiss nationals), substitute—

“10.— (1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c) 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; and

(d) in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(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.”;

(j) in paragraph 11(c)(15) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”.

(1)

S.R. 2007 No. 328 as amended by S.R. 2007 No. 375, S.R. 2011 Nos. 70 and 376 and S.R. 2013 No. 37.

(2)

The Schedule was amended by S.R. 2007/375, S.R. 2011 Nos. 70 and 376 and S.R. 2013/37.

(3)

Paragraph 1(1) was amended by S.R. 2011/70, S.R. 2011/376 and S.R. 2013/37.

(4)

Paragraph 1(3) was amended by S.R 2007/375.

(5)

Paragraph 3(d) was amended by S.R. 2007/375.

(6)

Paragraph 6 was substituted by S.R. 2007/375.

(7)

Paragraph 7(b) was amended by S.R. 2007/375.

(8)

Paragraph 8(d) was amended by S.R. 2007/375.

(9)

Paragraph 9 was amended by S.R. 2007/375, S.R. 2011/376 and S.R. 2013/37.

(10)

Paragraph 9(1)(a)(i) was amended by S.R. 2011/376.

(11)

Paragraph 9(1)(c) was substituted by S.R. 2007/375.

(12)

Paragraph 9(1A) was added by S.R. 2013/37.

(13)

Paragraph 9A was added by S.R. 2007/375.

(14)

Paragraph 10(c) was amended by S.R. 2007/375.

(15)

Paragraph 11(c) was amended by S.R. 2007/375.