Statutory Instrument 1995 No. 1739 (S.119)

The Education Authority Bursaries (Scotland) Regulations 1995

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© Crown Copyright 1995

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1995 No. 1739 (S.119)

EDUCATION, SCOTLAND

The Education Authority Bursaries (Scotland) Regulations 1995

The Secretary of State, in exercise of the powers conferred on him by section 49(3) of the Education (Scotland) Act 1980^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education Authority Bursaries (Scotland) Regulations 1995 and shall come into force on 1st August 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^[2] as adjusted by the Protocol thereto signed at Brussels on 17th March 1993^[3];
"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^[4] as extended by the Protocol thereto which entered into force on 4th October 1967^[5];
"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.

Exercise of power to grant a bursary
    3.—(1)  The power of an education authority to grant a bursary in accordance with section 49(1) or (2) of the Act—
 (a) shall be exercised in accordance with the following provisions of these Regulations; and
 (b) shall not be exercised except in relation to a person described in one or more paragraphs of Schedule 1.

    (2)  Schedule 2 shall have effect as regards determining whether a person is to be treated, for the purposes of Schedule 1, as being, or having been, ordinarily resident in a place at or for a particular time.

Amount of bursaries
    4.—(1)  The amount of a bursary shall be determined by the education authority and may include sums in respect of—
 (a) tuition and other fees payable in respect of the holder of the bursary;
 (b) travelling expenses necessarily incurred, or to be incurred, by the holder in attending the course of study in respect of which the bursary is awarded;
 (c) the maintenance of the holder and of any person dependent on him during periods of full-time study and during vacations;
 (d) other expenses incurred, or to be incurred, by the holder in taking advantage of educational facilities.

    (2)  A bursary payable to or in respect of a person who is eligible for a bursary only by virtue of paragraph 4 of Schedule 1 may include sums only in respect of tuition and other fees payable in respect of that person.

    (3)  In determining the amount of a bursary, the education authority may take account of the sums, if any, which in their opinion the holder of the bursary, the holder's parents and the holder's spouse can reasonably be expected to contribute towards the holder's expenses.

    (4)  The amount of a bursary may be revised at any time if the education authority think fit having regard to—
 (a) the failure of the holder to comply with the conditions of the bursary; or
 (b) all the circumstances of the holder or his parents or both as the case may be; or
 (c) any error made in the computation of the amount of the bursary.

Conditions of bursary
    5.—(1)  Every bursary shall be held subject to the following conditions:—
 (a) the holder shall attend regularly the course of study in respect of which the bursary is awarded;
 (b) the education authority shall be satisfied as to the conduct and progress of the holder; and
 (c) the holder shall provide the education authority with such information and such documents as they may from time to time require to enable them to exercise their functions under these Regulations.

    (2)  If the conditions specified in paragraph (1) are not complied with or if the holder receives from any other source any sum which, in the opinion of the education authority, makes it unnecessary for him to be assisted by means of a bursary, the education authority may suspend payment of the bursary or terminate the bursary.

    (3)  It shall be a condition of payment of a bursary that the applicant gives a written undertaking to pay to the education authority any amount of which they may request repayment in the circumstances specified in paragraph (4) and that, if the applicant is a minor and has any parent or guardian, the parent or guardian shall consent to the undertaking.

    (4)  Where the education authority are satisfied that there has been an overpayment of bursary for any reason and request repayment of the overpayment or so much thereof as they think fit, and the holder of the bursary has given an undertaking under paragraph (3) above, the holder of the bursary shall be obliged to pay to the education authority the amount requested.

Revocations and saving
    6.—(1)  Subject to paragraphs (2) and (3), the Regulations specified in column (1) of Schedule 3 are hereby revoked to the extent set out in column (3) thereof.

    (2)  The Regulations revoked by Schedule 3 shall continue to apply in all respects as regards bursaries awarded under those Regulations.

    (3)  The provisions of paragraph (2) are without prejudice to the general operation of sections 16 and 17 of the Interpretation Act 1978^[6].

James Douglas-Hamilton

Minister of State, Scottish Office
St Andrew's House, Edinburgh

7th July 1995

[1] 1980 c. 44. back

[2] Cmnd. 2073. back

[3] Cmnd. 2183. back

[4] Cmnd. 9171. back

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

[6] 1978 c. 30. back

Explanatory Note