The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020

Statutory Rules of Northern Ireland

2020 No. 296

Exiting The European Union

Education

The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020

Made

1st December 2020

Coming into operation in accordance with regulation 1

The Department for the Economy makes the following Regulations in exercise of the powers conferred by Articles 3(1), 3(2) and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998(1), and now vested in it(2).

Citation and commencement

1.—(1) These Regulations may be cited as the Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020.

(2) This regulation and regulation 2 come into operation immediately before IP completion day.

(3) Regulation 3 comes into operation on IP completion day.

Revocation of the Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

2.  The Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019(3) are revoked insofar as they have not already been revoked(4).

Amendment of the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012

3.—(1) The Schedule to the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012(5) is amended as follows.

(2) In Part 1 (interpretation), in paragraph 1—

(a) in sub-paragraph (1)—

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

(ii) at the appropriate place, insert the following definitions—

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

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

“right of permanent residence” means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

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

(b) in sub-paragraphs (3) and (4) after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs.

(c) In sub-paragraph (5), after “an area”, insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 5(b) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6 (EU nationals)—

(i) the existing provisions become sub-paragraph (1);

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

(iii) after sub-paragraph (1), insert—

“(2) Any person who would have been eligible under this paragraph immediately before exit day is to continue to be eligible on and after IP completion day.”

(c) for paragraph 7 (children of Swiss nationals), substitute—

“7.— (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 designated further education course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and

(d) in a case where the person’s ordinary residence referred to in sub-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 sub-paragraph (c).

(2) Any person who would have been eligible under this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.”.

(d) in paragraph 8(b) (children of Turkish workers), after the “territory comprising”, insert “the United Kingdom, Gibraltar,”.

Sealed with the Official Seal of the Department for the Economy on 1st December 2020.

Beverley Harrison

A senior officer of the

Department for the Economy

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 (S.R. 2012 No.306).

Regulation 2 revokes the Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/387) which were prepared for a “no-deal” Brexit and do not reflect amendments required to implement the EU withdrawal agreement, EEA EFTA separation agreement and the Swiss citizens’ rights agreement.

The principal amendments which these Regulations make to the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 ensure that references continue to operate effectively following the withdrawal of the United Kingdom from the European Union.

(1)

S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21), section 147(3)(a) and (b), the Student Loans (Amendment) Act (Northern Ireland) 2001, (c.2 (N.I.)), s.1(1), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s. 147(4), the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12 and the Schedule, and by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, (S.I. 2013/1881), Schedule 1.

(2)

Article 5(b) and Part II of Schedule 3 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Education (Student Support) (Northern Ireland) Order 1998 from the Department of Education to the Department of Higher and Further Education, Training and Employment. The Department of Higher and Further Education, Training and Employment was renamed the Department for Employment and Learning by 2001 c. 15 (N.I.), section 1, and following the dissolution of that department by the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)), section 1(10), its functions under the Education (Student Support) (Northern Ireland) Order 1998 were transferred to the Department for the Economy by S.R. 2016 No. 76, Article 6(1)(c).

(3)

S.I. 2019/387.

(4)

Regulations 2 to 13 inclusive of The Education (Student Fees and Support) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 are to be revoked immediately before IP completion day by Regulation 2 of the Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020.

(5)

S.R. 2012 No. 306.