The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Repayment of Student Loans (Scotland) Regulations 2000 (“the 2000 Regulations”), 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”).

Regulation 3 amends regulation 2 (interpretation) of the 2000 Regulations to amend the definition of repayment threshold in relation to student loans to cover increases to that threshold after April 2015. Regulation 4 amends regulation 13B(2A) of the 2000 Regulations to remove the end date in the calculation of the fixed instalments for repayment, allowing the most recent price level index to be applied to the applicable threshold for repayment.

Regulations 5 to 10, 13(1) and (3) and 14 amend Schedule 1 to each of the SLTF Regulations, the Bursaries Regulations, the Nursing Regulations, the 2007 Fees Regulations, the Allowances Regulations, the Loans Regulations, the EMA Regulations and the 2011 Fees Regulations to insert a provision enabling Syrian nationals who have entered the United Kingdom through the Syrian Vulnerable Persons Relocation Scheme to be eligible for the relevant loans, allowances, fee support and living cost support from the date they enter the UK, without having to meet the normal 3 year residency requirements.

Regulations 11 and 12 amend regulation 2 (interpretation) of the EMA Regulations to insert provisions to ensure that students who move to Scotland from other parts of the United Kingdom and Islands, for the purpose of undertaking a course of education, are considered to be ordinarily resident in the place in the United Kingdom and Islands from where they moved.

Regulation 13(1) and (2) amends Schedule 1 to the EMA Regulations by substituting a paragraph to provide that individuals who were born and settled in the United Kingdom but then moved to a European Economic Area (“EEA”) country before returning to the United Kingdom after a period of time, shall only be eligible for education maintenance allowances if they were ordinarily resident in Scotland for 3 years immediately before moving to the EEA.