The Education (Student Fees, Awards and Support) (Amendment) (EU Exit) Regulations 2019

Amendment of Schedule 1

13.—(1) Schedule 1 is amended as follows.

(2) In paragraph 1(1)—

(a) omit the definition of “European Union national”;

(b) omit “other than the United Kingdom” each time it occurs;

(c) after the definition of “employed person”, insert—

““EU national” means a national of a Member State of the European Union;”;

(d) in the definition of “family member”, for “EC national”, substitute “EU national” each time it occurs.

(3) In the following paragraphs, after “the territory comprising”, insert “the United Kingdom,”—

(a) paragraph 3(d)(2) (persons who are settled in the United Kingdom);

(b) paragraph 6(1)(c)(3) (workers, employed persons, self-employed persons and their family members);

(c) paragraph 7(b)(4) (workers, employed persons, self-employed persons and their family members).

(4) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)(d)(5), after “the territory comprising”, insert “the United Kingdom,”;

(b) in sub-paragraph (1)(e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.

(5) In paragraph 9(6) (EC nationals)—

(a) in the heading, for “EC nationals”, substitute “EU nationals”;

(b) in sub-paragraph (1)—

(i) in paragraph (a)(i), for “EC national”, substitute “EU national”;

(ii) in paragraph (c), after “the territory comprising”, insert “the United Kingdom,”;

(c) for sub-paragraph (1A), substitute—

“(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under article 7(1) of Directive 2004/38; or

(ii) an EU national; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.”;

(d) after sub-paragraph (2), insert—

“(3) Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.”.

(6) In paragraph 10(7) (EC nationals)—

(a) in sub-paragraphs (1)(a) and (2), for “a European Union national other than a United Kingdom national”, substitute “an EU national”;

(b) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”.

(7) In paragraph 11(8) (children of Swiss nationals)—

(a) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(b) in sub-paragraph (1)(c) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;

(c) in sub-paragraph (1)(d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(d) after sub-paragraph (1)(d) as so renumbered, insert—

“(2) Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.”.

(8) In paragraph 12(c)(9) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”.

(1)

Paragraph 1 was amended by S.I. 2011/87, S.I. 2011/1043 and S.I. 2018/137.

(2)

Paragraph 3(d) was amended by S.I. 2007/2263.

(3)

Paragraph 6 was substituted by S.I. 2007/2263.

(4)

Paragraph 7(b) was amended by S.I. 2007/2263.

(5)

Paragraph 8(1)(d) was amended by S.I. 2007/2263.

(6)

Paragraph 9 was amended by S.I. 2007/2263 and S.I. 2011/1987.

(7)

Paragraph 10 was amended by S.I. 2007/2263 and S.I. 2011/1043.

(8)

Paragraph 11(c) was amended by S.I. 2007/2263.

(9)

Paragraph 12(c) was amended by S.I. 2007/2263.