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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (“the SLTF Regulations”), the Education Authority Bursaries (Scotland) Regulations 2007 (“the Bursaries Regulations”), the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (“the Nursing Regulations”), the Education (Fees and Awards) (Scotland) Regulations 2007 (“the Fees Regulations”), the Students' Allowances (Scotland) Regulations 2007 (“the Allowances Regulations”), the Education (Student Loans) (Scotland) Regulations 2007 (“the Loans Regulations”) and the Education Maintenance Allowances (Scotland) Regulations 2007 (“the EMA Regulations”).

Regulations 2, 5(a), 8(a), 11(a), 12, 16(a), 17 and 18 amend the eligibility criteria pertaining to persons who have previously been settled in and are returning to the UK which are set out in the SLTF Regulations, the Bursaries Regulations, the Nursing Regulations, the Fees Regulations, the Allowances Regulations, the Loans Regulations and the EMA Regulations. The effect of the amendments is that a person who has previously been settled in the UK and is returning to the UK to study may be eligible for home rate fees and student support where he or she has exercised a right of residence elsewhere in the European Economic Area even if this right of residence was not exercised immediately after the person left the UK.

Combined with the amendments made to certain of the defined terms, regulations 5(b), 8(b), 11(b), 13 and 16(b) amend the eligibility criteria pertaining to EC nationals which are set out in the Bursaries Regulations, the Nursing Regulations, the Fees Regulations and the Allowances Regulations. The effect of the amendments is that a person who is an EC national (other than a UK national who has not exercised a right of residence elsewhere in the European Economic Area) may be eligible for an allowance in respect of tuition and other fees for which only non UK EC nationals were previously eligible.