The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (“the SLTF Regulations”), the Education Authority Bursaries (Scotland) Regulations 2007 (“the Bursaries Regulations”), the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (“the Nursing Regulations”), the Education (Fees and Awards) (Scotland) Regulations 2007 (“the 2007 Fees Regulations”), the Students’ Allowances (Scotland) Regulations 2007 (“the Allowances Regulations”), the Education (Student Loans) (Scotland) Regulations 2007 (“the Loans Regulations”), the Education Maintenance Allowances (Scotland) Regulations 2007 (“the EMA Regulations”) and the Education (Fees) (Scotland) Regulations 2011 (“the 2011 Fees Regulations”).

Regulations 3, 9, 13, 19, 25, 32, 38 and 42 amend regulation 2 (interpretation) of all of the amended instruments to make changes to some definitions. Regulation 19 also inserts new regulation 2(5) and (6) into the 2007 Fees Regulations to provide an aid to the interpretation of Schedule 1 so far as the various paragraphs of Schedule 1 require an assessment to be made of a student’s position in relation to a particular ‘course’. Similar amendments are made to the SLTF Regulations (see regulation 4), the Allowances Regulations (see regulation 26) and the Loans Regulations (see regulation 33). Regulation 25 also adds new regulation 2(3) and (4) into the Allowances Regulations as further provision which clarifies the interpretation of paragraph 1(a) of Schedule 1 to those Regulations.

Regulations 4, 5 and 7 amend regulations 3 (eligible students) and 4 (designated courses) of, and Schedule 2 to, the SLTF Regulations. Regulations 33, 34 and 36 amend regulations 3 (eligible students) and 4 (designated courses) of, and Schedule 2 to, the Loans Regulations (see also regulation 32(2)(c) which amends the definition of “loan” in the Loans Regulations and regulation 35(5) which inserts a new paragraph 8A into Schedule 1 to the Loans Regulations). These amendments facilitate the payment of loans in respect of tuition fees to certain postgraduate students.

Regulations 6, 10, 16, 22, 29, 35, 39 and 43 amend Schedule 1 to each of the instruments amended (in order to effect minor changes to the various categories of ‘eligible student’ - or, in the case of the 2007 Fees Regulations, ‘excepted student’ – for the purposes of those instruments).

Regulations 11, 17, 30, 40 and 44 make amendments to Schedule 2 (ordinary residence) to the Bursaries Regulations, the Nursing Regulations, the Allowances Regulations, the EMA Regulations and the 2011 Fees Regulations respectively. Similar provisions are found in regulation 2 (interpretation) of each of the SLTF Regulations and the Loans Regulations and amendments are also made to those provisions (see regulation 3 in relation to the SLTF Regulations and regulation 32 in relation to the Loans Regulations). Regulation 23 inserts a new Schedule 1A (ordinary residence) into the 2007 Fees Regulations. Schedule 1A replaces and supplements the ‘ordinary residence’ provisions which were contained in paragraphs 11 and 12 of Schedule 1 to the 2007 Fees Regulations and which have now been omitted (see regulation 22).

Regulations 14 and 27 amend regulation 4(3) of the Nursing Regulations and the Allowances Regulations respectively to clarify that the Scottish Ministers may, though are not obliged to, ‘means test’ the amount of any allowance payable in terms of the Regulations.

Regulations 15 and 28 amend regulation 5(1) of the Nursing Regulations and the Allowances Regulations respectively to add additional conditions of payment of every allowance for each academic year in terms of those Regulations, being conditions in relation to recovery of any amount of which the Scottish Ministers request repayment following a revisal in terms of regulation 4(4) of those two sets of Regulations.

Regulation 21 revokes Part III (post-graduate agricultural studentships) of, and Schedules 2 (post-graduate agricultural studentships – excepted candidates) and 3 (fees awards – excepted candidates) to, the 2007 Fees Regulations.