The Education Authority Bursaries (Scotland) Regulations 1995

Interpretation

2.—(1) In these Regulations—

“the Act” means the Education (Scotland) Act 1980;

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol thereto signed at Brussels on 17th March 1993(2);

“EEA State” means a state which is a contracting Party to the EEA Agreement;

“bursary” means a bursary, scholarship or other allowance granted under section 49(1) or (2) of the Act;

“employment” shall include the holding of any office and any occupation for gain, and “employed” shall be construed accordingly;

“European Economic Area” means the area of the EEA States, and includes—

(a)

those States at any time before the EEA Agreement came into force in relation to them; and

(b)

as regards any time prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;

“national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time;

“parent” is to be construed in accordance with the definition below of person’s child;

“person’s child” includes a reference to a person adopted in pursuance of adoption proceedings, a stepchild, and an illegitimate child of whom the person concerned is the mother or in whose case the person has admitted paternity or has been adjudged the putative father;

“qualification” includes authorisation, recognition, registration, enrolment, approval and certification;

“qualifying day” in relation to a course of study for which a bursary is sought means—

(a)

as respects a course starting in the autumn term of any year, 30th June in that year;

(b)

as respects a course starting in the spring term of any year, 31st October in the year preceding that year; and

(c)

as respects a course starting in the summer term of any year, the last day of February in that year;

“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(3) as extended by the Protocol thereto which entered into force on 4th October 1967(4);

“relevant date” in relation to a course of study for which a bursary is sought means—

(a)

as respects a course starting in the autumn term of any year, a reference to the earlier of 31st August in that year or the first day of that term;

(b)

as respects a course starting in the spring term of any year, a reference to the earlier of 31st December in the year preceding that year or the first day of that term; and

(c)

as respects a course starting in the summer term of any year, a reference to the earlier of 31st March in that year or the first day of that term.

(2) In these Regulations, except where the context otherwise requires, any reference—

(a) to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations; and

(b) in a regulation or Schedule to a numbered paragraph is a reference to the paragraph so numbered in that regulation or Schedule, as the case may be.

(1)

Cmnd. 2073.

(2)

Cmnd. 2183.

(3)

Cmnd. 9171.

(4)

Cmnd. 3906. (Out of print: photocopies are available free from the Students Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, Edinburgh EH12 9HH.)