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The Education (Fees and Awards) (England) Regulations 2007

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  • Sch. para. 11(1)(a)-(d) Sch. para. 11(a)-(d) renumbered as Sch. para. 11(1)(a)-(d) by S.I. 2019/139 reg. 13(7)(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 9(3) inserted by S.I. 2019/139 reg. 13(5)(d) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 11(2) inserted by S.I. 2019/139 reg. 13(7)(d) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 9(1A) substituted by S.I. 2019/139 reg. 13(5)(c) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 8(1)(d) words inserted by S.I. 2019/139 reg. 13(4)(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 8(1)(e) words inserted by S.I. 2019/139 reg. 13(4)(b) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 9(1)(c) words inserted by S.I. 2019/139 reg. 13(5)(b)(ii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 10(1)(d) words inserted by S.I. 2019/139 reg. 13(6)(b) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 11(1)(c) words inserted by S.I. 2019/139 reg. 13(7)(b) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 11(1)(d) words inserted by S.I. 2019/139 reg. 13(7)(c) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 12 words inserted by S.I. 2019/139 reg. 13(8) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 9 heading words substituted by S.I. 2019/139 reg. 13(5)(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 9(1)(a)(i) words substituted by S.I. 2019/139 reg. 13(5)(b)(i) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 10(1)(a) words substituted by S.I. 2019/139 reg. 13(6)(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 10(2) words substituted by S.I. 2019/139 reg. 13(6)(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 para. 4C(1) Sch. 1 para. 4C renumbered as Sch. 1 para. 4C(1) by S.I. 2024/85 reg. 17(2)(b)
  • Sch. 1 para. 4E(1) Sch. 1 para. 4E renumbered as Sch. 1 para. 4E(1) by S.I. 2024/85 reg. 17(2)(e)
  • Sch. 1 para. 5A(1) Sch. 1 para. 5A renumbered as Sch. 1 para. 5A(1) by S.I. 2023/74 reg. 64(3)(b)
  • Sch. 1 para. 5B inserted by S.I. 2022/534 reg. 6(2)(b)
  • Sch. 1 para. 5C inserted by S.I. 2022/534 reg. 7(1)(b)
  • Sch. 1 para. 5A(2)-(4) inserted by S.I. 2023/74 reg. 64(3)(c)
  • Sch. 1 para. 4C(2)(3) inserted by S.I. 2024/85 reg. 17(2)(c)
  • Sch. 1 para. 4E(2)(3) inserted by S.I. 2024/85 reg. 17(2)(f)
  • Sch. 1 para. 9C(1)(a)(iii) and word inserted by S.I. 2024/85 reg. 19(a)(iii)
  • Sch. 1 para. 9C(3)(4) inserted by S.I. 2024/85 reg. 19(b)
  • Sch. 1 para. 5C substituted by S.I. 2023/74 reg. 64(4)
  • Sch. 1 para. 4C(1)(a)(i)(ii) substituted for Sch. 1 para. 4C(1)(a)(i)-(iii) by S.I. 2024/85 reg. 16(2)
  • Sch. 1 para. 5B words substituted by S.I. 2023/74 reg. 60(10)
  • reg. 4(2)-(2D) substituted for reg. 4(2) by S.I. 2023/74 reg. 62
  • reg. 4(2)(a) words substituted by S.I. 2024/85 reg. 14(1)
  • reg. 4(2C)(c) words inserted by S.I. 2024/85 reg. 17(1)
  • reg. 4(2C)(c) words substituted by S.I. 2024/85 reg. 16(1)
  • reg. 4(2C)(e) words inserted by S.I. 2024/85 reg. 17(1)
  • reg. 4(2C)(f) words inserted by S.I. 2023/74 reg. 63(a)
  • reg. 4(2C)(g) words inserted by S.I. 2023/74 reg. 63(b)
  • reg. 4(2D)(e) words substituted by S.I. 2024/85 reg. 16(1)
  • reg. 4(2ZA) inserted by S.I. 2024/85 reg. 15
  • reg. 9(1)(a) words inserted by S.I. 2022/534 reg. 6(1)(f)
  • reg. 9(2)(a) words inserted by S.I. 2022/534 reg. 6(1)(f)
  • reg. 9B inserted by S.I. 2024/418 reg. 2
This section has no associated Explanatory Memorandum

1.—[F1(1)] For the purposes of this Schedule—E+W+S

[F2“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;]

“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 M1 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

[F3“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

F4...

“EEA frontier self-employed person” means an EEA national who—

(a)

is a self-employed person in the United Kingdom; and

(b)

resides in Switzerland or the territory of an EEA State F5... and returns to his residence in Switzerland or that EEA State daily or at least once a week;

“EEA frontier worker” means an EEA national who—

(a)

is a worker in the United Kingdom; and

(b)

resides in Switzerland or the territory of an EEA State F5... and returns to his residence in Switzerland or that EEA State daily or at least once a week;

“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” means a national of an EEA State F5...;

“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“employed person” means an employed person with the meaning of Annex 1 to the Swiss Agreement;

[F6“EU national” means a national of a Member State of the European Union;]

“family member” means—

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person [F7, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)]—

(i)

his spouse or civil partner;

(ii)

[F8direct descendants of the person or of the person’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependents of the person or the person’s spouse or civil partner; or]

(iii)

dependent direct relatives in his ascending line or that of his spouse or civil partner;

(b)

in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

(i)

his spouse or civil partner; or

(ii)

his child or the child of his spouse or civil partner;

(c)

in relation to an [F9EU national] who falls within article 7(1)(c) of Directive 2004/38 [F10or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national]—

(i)

his spouse or civil partner; or

(ii)

direct descendants of his or of his spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or his spouse or civil partner;

(d)

in relation to an [F9EU national] who falls within article 7(1)(b) of Directive 2004/38 [F11or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national]—

(i)

his spouse or civil partner;

(ii)

direct descendants of his or of his spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or his spouse or civil partner; or

(iii)

dependent direct relatives in his ascending line or that of his spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of [F12, [F13paragraphs 9, 9B, 9E or for the purposes of paragraphs 9C and 9D in relation to a person settled in the United Kingdom]] —

(i)

his spouse or civil partner; or

(ii)

direct descendants of his or of his spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or his spouse or civil partner;

F14...

[F15“person granted humanitarian protection” means a person—

(a)

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971;

(b)

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002); and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;]

[F16“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or

(ii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F17“person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph [F18276BB1(iii)(a)] of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance [F19Policy] Scheme;

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance [F19Policy] Scheme; or

(iv)

leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person or dependent child of the spouse or civil partner, having been granted that leave under paragraph [F20276BJ2 or 276BO2] of those rules;

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F21“person granted stateless leave” means a person—

(a)

who has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F22“person with protected rights” means—

(1)
(a)

F23a person within the personal scope of the citizens’ rights provisions who—

(i)

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(ii)

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

(iii)

F24...

(iv)

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

(v)

[F25otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or]

(b)

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(2)

[F26In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—

(a)

Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b)

Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)

Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]]

F27...

“refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M2 as extended by the Protocol thereto which entered into force on 4th October 1967 M3;

[F28“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;]

[F29“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

F30...

“self-employed person” means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” has the meaning given by section 33(2A) of the Immigration Act 1971 M4;

“Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 M5 and which came into force on 1st June 2002;

[F31“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” means a Swiss national who—

(a)

is an employed person in the United Kingdom; and

(b)

resides in Switzerland or in the territory of an EEA State F5... and returns to his residence in Switzerland or that EEA State daily or at least once a week;

“Swiss frontier self-employed person” means a Swiss national who—

(a)

is a self-employed person in the United Kingdom; and

(b)

resides in Switzerland or in the territory of an EEA State F5... and returns to his residence in Switzerland or that EEA State daily or at least once a week;

“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

[F32“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;]

“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom; and

(b)

is, or has been lawfully employed in the United Kingdom.

“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

[F33(2) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

(3) For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a)Article 10 (personal scope) of the EU withdrawal agreement;

(b)Article 9 (personal scope) of the EEA EFTA separation agreement; or

(c)Article 10 (personal scope) of the Swiss citizens’ rights agreement.]

Textual Amendments

F13Words in Sch. 1 para. 1 substituted (with application in accordance with reg. 1(3)(h) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 22(a)

F14Words in Sch. 1 para. 1(1) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 23(a)(i)

F17Words in Sch. 1 para. 1(1) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 20(2)(a)

F21Words in Sch. 1 para. 1 inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 17(a)

F24Words in Sch. 1 para. 1(1) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 23(a)(ii)

Marginal Citations

M1OJ L158, 30.4.2004, p77-123

M2Cmnd. 9171.

M3Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

M41971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c.61).

M5Cm. 4904.

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