The Education (Student Fees and Support) (Switzerland) Regulations 2003
Citation, commencement and application1.
(1)
These Regulations may be cited as the Education (Student Fees and Support) (Switzerland) Regulations 2003 and shall come into force on 8th January 2004.
(2)
Subject to paragraph (3) these Regulations apply to England and Wales.
(3)
Insofar as the amendments made by regulation 2(4) have effect for the purposes of regulations 5, 6, 6A, 6B and 7 of the Education (Fees and Awards) Regulations 1997 they apply to England only.
Amendment of Fees and Awards Regulations2.
(1)
(2)
In regulation 2—
(a)
in paragraph (1) at the end of the definition of “relevant date” replace “7.” with “7; and”;
(b)
““Switzerland Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 19994 and which came into force on 1st June 2002.”;
(c)
in paragraph (4) after “European Economic Area” insert “or Switzerland”; and
(d)
in paragraph (6) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”.
(3)
In regulation 8(2)(c) after “European Economic Area” insert “or Switzerland”.
(4)
In the Schedule—
(a)
in paragraph 6 after “EEA migrant worker” insert “and”;
(b)
in paragraph 6(a)—
(i)
after “EEA Agreement,” insert “or Article 9(3) of Annex I to the Switzerland Agreement,”, and
(ii)
replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”;
(c)
in paragraph 8(1)(a)—
(i)
after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and
(ii)
replace “subject of Article 12” with “subject of either of those Articles”; and
(d)
in paragraph 9(a) and (b) after “European Economic Area” insert “or Switzerland”.
Amendment of Disabled Postgraduate Students Regulations3.
(1)
(2)
In regulation 2—
(a)
in paragraph (1) at the end of the definition of “Research Council or similar body” replace “(7).” with “(7); and”;
(b)
““Switzerland Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002.”;
(c)
in paragraph (3) after “European Economic Area” insert in both instances “or Switzerland”; and
(d)
in paragraph (5) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”.
(3)
In the Schedule—
(a)
in paragraph 4 after “EEA migrant worker” insert “and”;
(b)
in paragraph 4(a)—
(i)
after “EEA Agreement” insert “or Article 9(3) of Annex I to the Switzerland Agreement”, and
(ii)
replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”;
(c)
in paragraph 6(1)(a)—
(i)
after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and
(ii)
replace “subject of Article 12” with “subject of either of those Articles”; and
(d)
in paragraph 7(b) and (c) after “European Economic Area” insert “or Switzerland”.
Amendment of Student Support (No. 2) Regulations4.
(1)
(2)
In regulation 2—
(a)
““Switzerland Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002;”;
(b)
in paragraph (3) after “European Economic Area” insert in both instances “or Switzerland”; and
(c)
in paragraph (5) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”.
(3)
In Schedule 1—
(a)
in paragraph 4 after “EEA migrant worker” insert “and”;
(b)
in paragraph 4(a)—
(i)
after “EEA Agreement” insert “or Article 9(3) of Annex I to the Switzerland Agreement”, and
(ii)
replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”;
(c)
in paragraph 6(1)(a)—
(i)
after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and
(ii)
replace “subject of Article 12” with “subject of either of those Articles”; and
(d)
in paragraph 8(b) and (c) after “European Economic Area” insert “or Switzerland”.
These Regulations amend the regulations listed in the table below to treat Swiss migrant workers and their spouses and children on the same basis as EEA migrant workers. These amendments are consequential on the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002. These Regulations also amend the regulations listed in the table below to include Switzerland in the area within which an EC national, or the child of an EC national, can meet the ordinary residence requirement.
Amended regulations | Amendments | Regulation of these Regulations |
|---|---|---|
Education (Fees and Awards) Regulations 1997 | Regulations 2(1), (4) and (6) and 8(2)(c) and paragraphs 6, 6(a), 8(1)(a) and 9(a) and (b) of the Schedule | Regulation 2 |
Education (Grants for Disabled Postgraduate Students) Regulations 2000 | Regulation 2(1), (3) and (5) and paragraphs 4, 4(a), 6(1)(a) and 7(b) and (c) of the Schedule | Regulation 3 |
Education (Student Support) (No. 2) Regulations 2002 | Regulation 2(1), (3) and (5) and paragraphs 4, 4(a), 6(1)(a) and 8(b) and (c) of Schedule 1 | Regulation 4 |