2007 No. 503

EDUCATION

The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 19831, sections 49(3), 73(f), 73B and 74(1) of the Education (Scotland) Act 19802, section 1 of the Education (Graduate Endowment and Student Support) (Scotland) Act 20013 and all other powers enabling them to do so.

Citation, commencement and extent1

1

These Regulations may be cited as the Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007 and shall come into force on 1st December 2007.

2

These Regulations extend to Scotland only.

Amendment of the Education (Fees and Awards) (Scotland) Regulations 20072

1

The Education (Fees and Awards) (Scotland) Regulations 20074 are amended as follows.

2

In regulation 2(1) (interpretation), insert in the appropriate place–

  • “child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 20025;

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

  • “young asylum seeker” means an unaccompanied asylum-seeking child

3

In Schedule 1 (fees – excepted students)–

a

in paragraph 4, after sub-paragraph (2) insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 7 insert–

7A

A person shall be an excepted student if that person–

a

is the child of an asylum seeker or is a young asylum seeker;

b

is resident in Scotland on 1st August, 1st January, 1st April or 1st July closest to the beginning of the first term of the person’s course;

c

has been resident in Scotland throughout the 3 year period referred to in regulation 5(a);

d

was under 18 years old on the date when the application for asylum was made, which application must have been made prior to 1st December 2006; and

e

is under 25 years old on 1st August, 1st January, 1st April or 1st July closest to the beginning of the first term of the person’s course.

c

after paragraph 14 insert–

14A

A person shall be an excepted student if that person–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

4

In Schedule 2 (post-graduate agricultural studentships – excepted candidates)–

a

in paragraph 4–

i

omit sub-paragraph (1)(c); and

ii

after sub-paragraph (2) insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 10 insert–

10A

A person shall be an excepted candidate if that person–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

5

In Schedule 3 (fees awards – excepted candidates)–

a

in paragraph 3(3)(a) after “Switzerland” insert “and Turkey”; and

b

in paragraph 5(a) after “Switzerland” insert “or Turkey”.

Amendment of the Students' Allowances (Scotland) Regulations 20073

1

The Students' Allowances (Scotland) Regulations 20076 are amended as follows.

2

In regulation 2(1) (interpretation), insert in the appropriate place–

  • “child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 20027;

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

  • “young asylum seeker” means an unaccompanied asylum-seeking child

3

In regulation 4(2) (amount of allowances) for “paragraph 9” substitute “paragraphs 7A or 9”.

4

In Schedule 1 (persons eligible for allowances)–

a

in paragraph 4–

i

omit sub-paragraph (1)(c); and

ii

after sub-paragraph (2) insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 7 insert–

7A

A person who–

a

is the child of an asylum seeker or is a young asylum seeker;

b

is resident in Scotland on the relevant date;

c

has been resident in Scotland throughout the period of 3 years immediately preceding the relevant date;

d

was under 18 years old on the date when the application for asylum was made, which application must have been made prior to 1st December 2006;

e

is under 25 years old on the relevant date; and

f

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

c

after paragraph 10 insert–

11

A person who–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

5

In paragraph 2(1) of Schedule 2 (ordinary residence)–

a

for “9(b) and 10(b)” substitute “9(b), 10(b) and 11(c)”; and

b

after “EU overseas territories” insert “or Turkey”.

Amendment of the Education Maintenance Allowances (Scotland) Regulations 20074

1

The Education Maintenance Allowances (Scotland) Regulations 20078 are amended as follows.

2

In regulation 2(1) (interpretation), insert in the appropriate place–

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

3

In Schedule 1 (persons eligible for education maintenance allowances)–

a

in paragraph 4–

i

omit sub-paragraph (1)(c); and

ii

after sub-paragraph (2) insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 10 insert–

11

A person who–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

4

In paragraph 2(1) of Schedule 2 (ordinary residence)–

a

for “8(c) and 9(b)” substitute “8(c), 9(b) and 11(c)”; and

b

after “Switzerland” insert “or Turkey”.

Amendment of the Graduate Endowment (Scotland) Regulations 20075

1

The Graduate Endowment (Scotland) Regulations 20079 are amended as follows.

2

In regulation 2 (interpretation), in the definition of “full time course of higher education” for “fundable higher education, other than a course treated as not falling within section 5(3) of the Further and Higher Education (Scotland) Act 2005” substitute “higher education, other than a course treated as not falling within section 38 of the Further and Higher Education (Scotland) Act 199210”.

3

In regulation 5 (exempt courses)–

a

in paragraph (1) for “section 5(3) of the Further and Higher Education (Scotland) Act 2005” substitute “section 38 of the Further and Higher Education (Scotland) Act 1992”; and

b

in paragraph (2) for “section 5(3)” substitute “section 38”.

4

In Schedule 3 (exempt courses) for “section 5(3) of the Further and Higher Education (Scotland) Act 2005” substitute “section 38 of the Further and Higher Education (Scotland) Act 1992”.

Amendment of the Education Authority Bursaries (Scotland) Regulations 20076

1

The Education Authority Bursaries (Scotland) Regulations 200711 are amended as follows.

2

In regulation 2(1) (interpretation), insert in the appropriate place–

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

3

In Schedule 1 (persons eligible for bursaries)–

a

in paragraph 4, after sub-paragraph (2), insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 11 insert–

12

A person who–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

4

In paragraph 2(1) of Schedule 2 (ordinary residence)–

a

for “9(b) and 10(b)” substitute “9(b), 10(b) and 12(c)”; and

b

after “EU overseas territories” insert “or Turkey”.

Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 20077

1

The Nursing and Midwifery Student Allowances (Scotland) Regulations 200712 are amended as follows.

2

In regulation 2 (interpretation), insert in the appropriate place–

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

3

In Schedule 1 (persons eligible for allowances)–

a

in paragraph 4–

i

omit sub-paragraph (1)(c); and

ii

after sub-paragraph (2), insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 10 insert–

11

A person who–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

4

In paragraph 2(1) of Schedule 2 (ordinary residence)–

a

for “9(b) and 10(b)” substitute “9(b), 10(b) and 11(c)”; and

b

after “EU overseas territories” insert “or Turkey”.

Amendment of the Education (Student Loans) (Scotland) Regulations 20078

1

The Education (Student Loans) (Scotland) Regulations 200713 are amended as follows.

2

In regulation 2 (interpretation)–

a

in paragraph (1) insert in the appropriate place–

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

b

in paragraph (4), for “8(c) and 9(b)” substitute “8(c), 9(b) and 10(c)”.

3

In Schedule 1 (eligible students)–

a

in paragraph 4–

i

omit sub-paragraph (1)(c); and

ii

after sub-paragraph (2), insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 9 insert–

10

A person who–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20069

1

The Education (Student Loans for Tuition Fees) (Scotland) Regulations 200614 are amended as follows.

2

In regulation 2 (interpretation)–

a

in paragraph (1), insert in the appropriate place–

  • “Turkish worker” means a Turkish national who–

    1. a

      is ordinarily resident in Scotland; and

    2. b

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

b

in paragraph (4) for “8(c) and 9(b)” substitute “8(c), 9(b) and 10(c)”.

3

In Schedule 1 (eligible students)–

a

in paragraph 4–

i

omit sub-paragraph (1)(c); and

ii

after sub-paragraph (2), insert–

3

Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).

b

after paragraph 9 insert–

10

A person who–

a

is the child of a Turkish worker;

b

is ordinarily resident in Scotland on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.

FIONA HYSLOPA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) (Scotland) Regulations 2007, the Students' Allowances (Scotland) Regulations 2007, the Education Maintenance Allowances (Scotland) Regulations 2007, the Graduate Endowment (Scotland) Regulations 2007, the Education Authority Bursaries (Scotland) Regulations 2007, the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007, the Education (Student Loans) (Scotland) Regulations 2007 and the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006.

Amendments are made in respect of children of asylum seekers and young asylum seekers to allow them to be treated as excepted students in respect of fees in order that they may be charged the lower rate of fees rather than the rate set for overseas students. Amendments are also made to allow fee support to be received in respect of these persons. The amendments relate only to persons who were under 18 years old at the time application for asylum was made, which application must have been made prior to December 2006, and under 25 years old at the appropriate date relative to the beginning of the course.

Amendments are made to comply with article 9 of Decision No. 1/80 of the Association Council of 19th September 1980 on the development of the Association between the European Community and Turkey. The Association Council was created by the agreement establishing an association between the European Community and Turkey which was signed in Ankara on 12th September 1963 by the Republic of Turkey on the one hand and the Member States of the EEC and the Community on the other. The agreement was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23rd December 1963 (O.J. No. 217, 27.12.1964, p.3685).

Article 9 of Decision No. 1/80 of the Association Council of 19th September 1980 on the development of the Association provides: “Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed in that Member State, shall be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that Member State. They may in that Member State be eligible to benefit from the advantages provided for under the national legislation in this area.”.

These Regulations also make amendments to remove, in relation to family members of persons who have utilised a right of residence in the EEA and Switzerland, the necessity to have settled status within the meaning of the Immigration Act 1971. The requirement for ordinary residence in either Scotland or the United Kingdom and Islands at the appropriate date relative to the beginning of the course is removed for those persons who have utilised a right of residence in the EEA and Switzerland and for their family members.

These Regulations also amend the Graduate Endowment (Scotland) Regulations 2007 to correct a drafting error relating to statutory cross-references to the Further and Higher Education (Scotland) Act 2005 which should have been to the Further and Higher Education (Scotland) Act 1992.