Citation and commencement

1.  These Regulations may be cited as the Education (Fees and Awards for EC Nationals and UK Returners) (Scotland) Regulations 2009 and come into force on 25th June 2009.

Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006

2.  For paragraph 4(1)(b) of Schedule 1 (eligible students) to the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006(3) substitute–

“(b) was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”.

Amendment of the Education Authority Bursaries (Scotland) Regulations 2007

3.  The Education Authority Bursaries (Scotland) Regulations 2007(4) are amended in accordance with regulations 4 and 5.

4.  In regulation 2(1) (interpretation)–

(a) after the definition of “Directive 2004/38” insert–

““EC national” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community;”; and

(b) in paragraphs (c) and (d) of the definition of “family member” for “a non UK” substitute “an”.

5.  In Schedule 1 (persons eligible for bursaries)–

(a) for paragraph 4(1)(b) substitute–

“(b) was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”; and

(b) for paragraph 9 substitute–

“9.—(1) A person who–

(a) is an EC national (other than a person who is a United Kingdom national who has not utilised a right of residence) or an EU overseas territories national or a family member of either;

(b) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland or the EU overseas territories throughout the period of 3 years immediately preceding the relevant date; and

(c) seeks a bursary in respect of a course of study at an establishment in the area of the education authority.

(2) For the purposes of this paragraph, a United Kingdom national has utilised a right of residence if that person has exercised a right under Article 7 of Directive 2004/38 or any equivalent under the EEA Agreement or the Switzerland Agreement in a State other than the United Kingdom.”.

Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007

6.  The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(5) are amended in accordance with regulations 7 and 8.

7.  In regulation 2 (interpretation)–

(a) after the definition of “Directive 2004/38” insert–

““EC national” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community;”; and

(b) in paragraphs (c) and (d) of the definition of “family member” for “a non UK” substitute “an”.

8.  In Schedule 1 (persons eligible for allowances)–

(a) for paragraph 4(1)(b) substitute–

“(b) was settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”; and

(b) for paragraph 9 substitute–

“9.—(1) A person who–

(a) is an EC national (other than a person who is a United Kingdom national who has not utilised a right of residence) or an EU overseas territories national or a family member of either;

(b) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland or the EU overseas territories throughout the period of 3 years immediately preceding the relevant date; and

(c) seeks an allowance in respect of a course of education at an establishment in Scotland.

(2) For the purposes of this paragraph, a United Kingdom national has utilised a right of residence if that person has exercised a right under Article 7 of Directive 2004/38 or any equivalent under the EEA Agreement or the Switzerland Agreement in a State other than the United Kingdom.”.

Amendment of the Education (Fees and Awards) (Scotland) Regulations 2007

9.  The Education (Fees and Awards) (Scotland) Regulations 2007(6) are amended in accordance with regulations 10 to 13.

10.  In regulation 2 (interpretation)–

(a) after the definition of “Directive 2004/38” insert–

““EC national” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community;”; and

(b) in paragraphs (c) and (d) of the definition of “family member” for “a non UK” substitute “an”.

11.  In Schedule 1 (fees – excepted students)–

(a) for paragraph 4(1)(b) substitute–

“(b) was settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”; and

(b) in paragraph 9(a) for “a non UK” substitute “an”.

12.  For paragraph 4(1)(b) of Schedule 2 (post-graduate agricultural studentships – excepted candidates) substitute–

“(b) was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”.

13.  In paragraph 3(2)(a) of Schedule 3 (fees awards – excepted candidates) for “a non UK” substitute “an”.

Amendment of the Students' Allowances (Scotland) Regulations 2007

14.  The Students' Allowances (Scotland) Regulations 2007(7) are amended in accordance with regulations 15 and 16.

15.  In regulation 2(1) (interpretation) after the definition of “Directive 2004/38” insert–

““EC national” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community;”.

16.  In Schedule 1 (persons eligible for allowances)–

(a) For paragraph 4(1)(b) substitute–

“(b) was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”; and

(b) for paragraph 9 substitute–

“9.—(1) A person who–

(a) is an EC national (other than a person who is a United Kingdom national who has not utilised a right of residence) or an EU overseas territories national or a family member of either;

(b) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland or the EU overseas territories throughout the period of 3 years immediately preceding the relevant date; and

(c) seeks an allowance in respect of a course of education at an establishment in Scotland.

(2) For the purposes of this paragraph, a United Kingdom national has utilised a right of residence if that person has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or the Switzerland Agreement in a State other than the United Kingdom.”.

Amendment of the Education (Student Loans) (Scotland) Regulations 2007

17.  For paragraph 4(1)(b) of Schedule 1 (eligible students) to the Education (Student Loans) (Scotland) Regulations 2007(8) substitute–

“(b) was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”.

Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007

18.  For paragraph 4(1)(b) of Schedule 1 (persons eligible for education maintenance allowances) to the Education Maintenance Allowances (Scotland) Regulations 2007(9) substitute–

“(b) was settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”.