The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025
Citation and commencement1.
These Regulations may be cited as the Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 and come into force on 1 August 2025.
Amendment of the Education (Fees) (Scotland) Regulations 20222.
(a)
“(2)
For the purposes of regulation 3(a) and schedule 1, a student who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.”,
(b)
omit paragraph 3(3).
Amendment of the Student Support (Scotland) Regulations 20223.
(1)
(2)
““loan” means in relation to—
(a)
a student undertaking a course at an RUK institution, a loan towards that student’s tuition fees,
(b)
a student undertaking a taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a research course leading to a postgraduate masters degree, a loan towards that student’s tuition fees,
(c)
a student undertaking a full-time (but not a part-time) taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a full-time (but not a part-time) research course leading to a postgraduate masters degree, a loan towards that student’s maintenance,
(d)
a student who is a person mentioned in paragraph 2(3) (EU nationals etc. with protected rights who have been living in the UK and Islands for three years) of schedule 1 or in schedule 2, a loan towards that student’s tuition fees,
(e)
any other student, a loan towards that student’s maintenance,
under the Act and any regulations made under the Act, including the interest accrued on the loan and any penalties or charges made in connection with it..”.
(3)
In paragraph 8 of schedule 1 (refugees)—
(a)
in the opening words after “who” insert “at the date that the Scottish Ministers received their application for student support”
,
(b)
“(a)
is a refugee who has been ordinarily resident in the United Kingdom and Islands since that person was first recognised as a refugee, and is resident in Scotland on the relevant date, or”.
(4)
In schedule 3 (ordinary residence)—
(a)
“(2)
For the purposes of schedules 1 and 2, a person who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.”,
(b)
in paragraph 3, omit sub-paragraphs (3) and (4).
Revocations4.
The enactments specified in the schedule are revoked.
St Andrew’s House,
Edinburgh
SCHEDULERevocations
1.
2.
3.
4.
5.
6.
These Regulations amend the Education (Fees) (Scotland) Regulations 2022 (“the Fees Regulations”) and the Student Support (Scotland) Regulations 2022 (“the Student Support Regulations”).
Regulation 2 of these Regulations amends schedule 2 of the Fees Regulations to clarify that a person residing in Scotland on the relevant date as a result of having moved there for the purpose of undertaking a course of education is not to be considered as ordinarily resident in Scotland.
Regulation 3 of these Regulations amends the Student Support Regulations. Regulation 3(2) makes minor alterations to the definition of “loan”. Regulation 3(3) amends the definition of “refugee” to clarify that the spouse, civil partner or child of a refugee must have that status at the date that their application for student support is received by the Scottish Ministers. Regulation 3(4) amends schedule 3 of the Student Support Regulations to clarify that a person residing in Scotland on the relevant date as a result of having moved there for the purpose of undertaking a course of education is not to be considered as ordinarily resident in Scotland.
Regulation 4 and the schedule of these Regulations revoke the Education (Fees and Awards) (Scotland) Regulations 2007 and relevant amending enactments.