(This note is not part of the Regulations)

These Regulations, which come into force on 24th November 2004, amend the regulations listed in the table below to treat Swiss migrant workers, their spouses and children on the same basis as EEA migrant workers.

These amendments are in part consequential on 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 (Cm. 5639) and which came into force on 1st June 2002.

These Regulations also amend the regulations listed in the table below to include Switzerland in the area within which an EC national, or the child of an EC national, can meet the ordinary residence requirements in those regulations. They also update where necessary references, in the regulations listed in the table below, to the European Economic Area and definitions associated with that term, to take account of the accession of new member States.

Amended regulations

Provisions which are amended

Relevant regulation of these Regulations

Nursing and Midwifery Student Allowances (Scotland) Regulations 1992

Regulation 2, paragraphs 2(a), 2(b), 3(a), 4(a), 4(b) and 7(b) of Schedule 1 and paragraph 2(1) of Schedule 2.

regulation 2

Education Authority Bursaries (Scotland) Regulations 1995

Regulation 2(1), paragraphs 2(a), 2(b), 2A(a), 2B(a), 2B(b) and 4(b) of Schedule 1 and paragraphs 2(1), 2(2) and 2(3) of Schedule 2.

regulation 3

Education (Fees and Awards) (Scotland) Regulations 1997

Regulation 2(1), paragraphs 2(2)(a), 5(1), 6(1)(a)(ii), 6(1)(c)(ii), 6(2)(a) of Schedule 1, paragraphs 2(1)(a)(ii), 2(1)(c)(ii), 2(2)(a) and 4(2) of Schedule 2 and paragraphs 3(3)(a) and 5 of Schedule 3.

regulation 4

The Students' Allowances (Scotland) Regulations 1999

Regulation 2(1), paragraphs 2, 3(a), 4(a), 4(b) and 7(b) of Schedule 1 and paragraph 2(1) of Schedule 2.

regulation 5

Education (Student Loans) (Scotland) Regulations 2000

Regulations 2(1), 2(3) and 2(5) and paragraphs 4(a), 6(1)(a), 7(b) and 7(c) of Schedule 1.

regulation 6

Graduate Endowment (Scotland) Regulations 2001

Paragraphs 1(1), 3(a), 3(b), 4(a), 5(a), 5(b) and 7(b) of Schedule 1 and paragraph 2(1) of Schedule 2.

regulation 7

The Individual Learning Account (Scotland) Regulations 2004

Regulations 1(2) and 3(4).

regulation 8

The Education Maintenance Allowances (Scotland) Regulations 2004

Regulation 2(1), paragraphs 2(a), 2(b), 3(a), 4(a) and 4(b) of Schedule 1 and paragraph 2(1) of Schedule 2.

regulation 9