Explanatory Note

(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 regulationsProvisions which are amendedRelevant regulation of these Regulations
Nursing and Midwifery Student Allowances (Scotland) Regulations 1992Regulation 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 1995Regulation 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 1997Regulation 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 1999Regulation 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 2000Regulations 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 2001Paragraphs 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 2004Regulations 1(2) and 3(4).regulation 8
The Education Maintenance Allowances (Scotland) Regulations 2004Regulation 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