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The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013

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Amendment of the Students’ Allowances (Scotland) Regulations 2007

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23.—(1) Schedule 1 (persons eligible for allowances) is amended as follows.

(2) In paragraph 3(1)(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3) In paragraph 9—

(a)in sub-paragraph (1) for paragraph (a) substitute—

(a)is, on the relevant date—

(i)an EC national; or

(ii)the family member of an EC national accompanying or joining that EC national in the United Kingdom;; and

(b)in sub-paragraph (3) for paragraph (b) substitute—

(b)a United Kingdom national has utilised a right of residence if that person has—

(i)exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii)resided in a state—

(aa)within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb)of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement..

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