2005 No. 545

EDUCATION

The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No. 2) Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 49(3), 73(f), 73B and 74(l) of the Education (Scotland) Act 19801, sections 1 and 2 of the Education (Fees and Awards) Act 19832, and section 1 of the Education (Graduate Endowment and Student Support) (Scotland) Act 20013, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 26th November 2005.

Amendment of Nursing and Midwifery Regulations2

1

The Nursing and Midwifery Student Allowances (Scotland) Regulations 19924 shall be amended as follows.

2

In regulation 2 (interpretation) omit–

a

the definition of “relevant day” where it appears for the second time; and

b

the definition of “national of a member state of the European Community”.

3

In Schedule 1 (persons eligible for allowances)–

a

in paragraph 9(a)–

i

between “national” and “of a member” insert “for the purposes of the Community Treaties”;

ii

for “other than the United Kingdom” substitute “as constituted from time to time (excluding the United Kingdom)”;

iii

after “national;” omit “and”;

b

in paragraph 9(b) omit “day.” and substitute “day; and”; and

c

after paragraph 9(b) insert–

c

seeks an allowance in respect of a course of education at an establishment in Scotland.

Amendment of Bursaries Regulations3

1

The Education Authority Bursaries (Scotland) Regulations 19955 shall be amended as follows.

2

In Schedule 2 (ordinary residence)–

a

in paragraph 1–

i

after “paragraph 1(a)” insert “and paragraph 6(b)”;

ii

before “a person shall” where it appears in sub paragraph (b) insert “for the purposes of paragraph 1(a) of Schedule 1 only”; and

b

in paragraph 2 for “and” where it appears at the end of sub paragraph (3)(a)(ii) substitute “or”.

Amendment of Fees and Awards Regulations4

1

The Education (Fees and Awards) (Scotland) Regulations 19976 shall be amended as follows.

2

In Schedule 1 (fees – excepted students) in paragraph 2B for “who-” substitute “shall be an excepted student if he–”.

3

In Schedule 2 (post graduate agricultural studentships and Newbattle Abbey College maintenance awards – excepted candidates) in paragraph 2B for “who-” substitute “shall be an excepted candidate if he–”.

Amendment of Students' Allowances Regulations5

1

The Students' Allowances (Scotland) Regulations 19997 shall be amended as follows.

2

In Schedule 2 (ordinary residence)–

a

in paragraph 1–

i

after “paragraph 1(a)” insert “and paragraph 6B(b)”;

ii

before “a person shall” where it appears in sub-paragraph (b) insert “for the purposes of paragraph 1(a) of Schedule 1 only”; and

b

in paragraph 2(1)–

i

omit “(b) and” where it appears after “paragraph 6B”; and

ii

omit “Scotland,”.

Amendment of Graduate Endowment Regulations6

1

The Graduate Endowment (Scotland) Regulations 20018 shall be amended as follows.

2

In Schedule 2 (ordinary residence)–

a

in paragraph 1–

i

after “paragraph 2(a)” insert “and paragraph 6A(b)”;

ii

before “a person shall” where it appears in sub paragraph (b) insert “for the purposes of paragraph 2(a) of Schedule 1 only”; and

b

in paragraph 2(1)–

i

omit “(b) and” where it appears after “paragraph 6A” ; and

ii

omit “Scotland,”.

Amendment of Education Maintenance Allowances Regulations7

1

The Education Maintenance Allowances (Scotland) Regulations 20049shall be amended as follows.

2

In Schedule 1 (persons eligible for Education Maintenance Allowances) in sub-paragraph 7A(b) omit “Scotland” and substitute “the United Kingdom and Islands”.

3

In Schedule 2 (ordinary residence)–

a

in paragraph 1–

i

after “paragraph 1(a)” insert “and paragraph 7A(b)”; and

ii

before “a person shall” where it appears in sub paragraph (b) insert “for the purposes of paragraph 1(a) of Schedule 1 only”;

b

in paragraph 2(1)–

i

omit “(b) and” where it appears after “paragraph 7A”;

ii

omit “Scotland,”; and

c

in paragraph 2(3) for “and” where it appears at the end of sub-paragraph 3(a)(ii) substitute “or”.

NICOL STEPHENA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations, which come into force on 26th November 2005, further amend the regulations referred to below, as amended by the Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005 (S.S.I. 2005/341) (“the 2005 Regulations”). The 2005 Regulations created a new category of student eligible for support and liable for the graduate endowment. The new category is subject to requirements for ordinary residence on a qualifying date and for three years preceding that date, except in the case of the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 (“the 1992 Regulations”) in which only the latter requirement applies.

Regulation 2 amends the 1992 Regulations by omitting from regulation 2 the definitions of “relevant day” and “national of a member state of the European Community”. It also amends paragraph 9 of Schedule 1 to clarify the definition of the new category of student.

Regulations 3, 5, 6 and 7 amend each of the Education Authority Bursaries (Scotland) Regulations 1995 (“the 1995 Regulations”), the Students' Allowances (Scotland) Regulations 1999, the Graduate Endowment (Scotland) Regulations 2001 and the Education Maintenance Allowances (Scotland) Regulations 2004 (“the 2004 Regulations”) to clarify that paragraph 1(a) of Schedule 2, which makes provision for temporary absence from the United Kingdom, applies to the requirement for residence on the qualifying date and that paragraph 2 applies only to the requirement for three years' residence.

Regulations 3 and 7 also amend the 1995 and 2004 Regulations to clarify that the conditions for ordinary residence provided for in each case in sub-paragraphs 2(3)(a) and (b) are alternative rather than cumulative.

Regulation 4 rectifies an error in the Education (Fees and Awards) (Scotland) Regulations 1997, as amended by the 2005 Regulations, to clarify that the new category of student constitutes an exception for the purposes of Schedules 1 and 2.

Regulation 7 amends the 2004 Regulations to substitute in relation to the new category of student a requirement for ordinary residence in the United Kingdom and Islands in place of a requirement for such residence in Scotland.