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The Education Authority Bursaries (Scotland) Regulations 2007

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Regulation 3(1)

SCHEDULE 1SPERSONS ELIGIBLE FOR BURSARIES

1.  A person who–S

(a)is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which that person seeks a bursary;

(b)has been ordinarily resident in the British Islands throughout the period of 3 years preceding the relevant date; and

[F1(c)is—

(i)settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date;

(ii)under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the relevant date; or

(iii)aged 18 years old or above and, preceding the relevant date, has lived in the United Kingdom throughout either half his or her life or a period of twenty years.]

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 1.8.2007, see reg. 1

[F22.—(1) A person with protected rights or a qualifying frontier worker who—S

(a)is—

(i)an EEA migrant worker or an EEA self-employed person,

(ii)a Swiss employed person or a Swiss self-employed person,

(iii)a family member of a person mentioned in sub-head (i) or (ii),

(iv)an EEA frontier worker or an EEA frontier self-employed person,

(v)a Swiss frontier employed person or a Swiss frontier self-employed person, or

(vi)a family member of a person mentioned in sub-head (iv) or (v),

(b)has been ordinarily resident in the United Kingdom, British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(c)is—

(i)ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which that person seeks a bursary, or

(ii)not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an education establishment in the area of the education authority.

(2) In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.

(3) In this paragraph, any description of a person in sub-paragraph (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraph (1)(a)(iii) and (vi) are to be construed accordingly.]

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 1.8.2007, see reg. 1

3.  A person [F3with protected rights] who–S

(a)is–

F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)is entitled to support by virtue of [F5Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union], as extended by the EEA agreement;

(b)has been ordinarily resident in [F6the British Islands, Gibraltar or] the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date; and

(c)is–

(i)ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which that person seeks a bursary, or

(ii)not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.

Textual Amendments

Commencement Information

I3Sch. 1 para. 3 in force at 1.8.2007, see reg. 1

4.—[F7(1) A person who—S

(a)is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(b)was ordinarily resident in Scotland for at least 3 continuous years and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence before IP completion day,

(c)was ordinarily resident on IP completion day—

(i)in Gibraltar or the territory comprising the European Economic Area and Switzerland, or

(ii)in the United Kingdom, immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the relevant date,

(d)is—

(i)ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which that person seeks a bursary, or

(ii)not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority,

(e)has been ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date,

(f)in a case where the person’s ordinary residence referred to in head (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in head (e), and

(g)is undertaking a course for which the relevant date is prior to 31 July 2028.]

(2) For the purposes of this paragraph, a person has utilised a right of residence if that person–

(a)is–

(i)a United Kingdom national;

(ii)a family member of a United Kingdom national [F8for the purposes of] Article 7 of Directive 2004/38(1) (or corresponding provisions under the EEA agreement or the Switzerland Agreement(2)); or

(iii)a person who [F9had a right] of permanent residence arising under Directive 2004/38; and

(b)either–

(i)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; or

(ii)in the case of a person who [F10had a right] of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the State within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

[F11(3) Sub-paragraph (1)(a) [F12and the requirement in sub-paragraph (1)(b) to be settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom do] not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii) [F13and is accompanying or joining that United Kingdom national in the United  Kingdom].]

Textual Amendments

Commencement Information

I4Sch. 1 para. 4 in force at 1.8.2007, see reg. 1

5.  A person who–S

(a)at the date that the education authority received their application for a bursary is–

(i)a refugee who has been ordinarily resident in the British Islands at all times since that person was first recognised as a refugee; or

(ii)the spouse, civil partner, or child, of such a refugee; and

(b)(i)is ordinarily resident in the area of the education authority on the qualifying day; or

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

Commencement Information

I5Sch. 1 para. 5 in force at 1.8.2007, see reg. 1

6.  A person who–S

(a)(i)has applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom and that person has been granted leave to enter or remain accordingly;

(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such leave to enter or remain; and

(iii)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority; or

(b)is the spouse, civil partner or child of a person of the kind described in sub paragraph (a) and who meets a residence requirement specified in sub paragraph (a)(iii).

Commencement Information

I6Sch. 1 para. 6 in force at 1.8.2007, see reg. 1

[F146A.   A person who— S

(a)(i)is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department;

(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and

(iii)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority; or

(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets a residence requirement specified in sub-paragraph (a)(iii).]

Textual Amendments

[F156B.  A person who—S

(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;

(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and

(iii)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority; or

(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets a residence requirement specified in sub-paragraph (a)(iii).]

Textual Amendments

[F166C.  A person who—S

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia Scheme operated by the Home Department;

(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such limited leave to remain in the United Kingdom; and

(iii)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority; or

(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets the residence requirement specified in sub-paragraph (a)(iii).

Textual Amendments

6D.  A person who—S

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules operated by the Home Department;

(ii)has been ordinarily resident in the British Islands at all times since that person was first granted such limited leave to remain in the United Kingdom; and

(iii)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority; or

(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets the residence requirement specified in sub-paragraph (a)(iii).]

Textual Amendments

[F176E.—(1) A person who—S

(a)has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b)has been ordinarily resident in the British Islands at all times since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.]

Textual Amendments

[F186F.  A person who—S

(a)has been granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

(i)paragraph 289B (victims of domestic violence),

(ii)paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse), or

(iii)paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),

(b)has been ordinarily resident in the British Islands since that person was first granted such indefinite leave to remain in the United Kingdom, and

(c)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority.

Textual Amendments

6G.  A person who—S

(a)has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,

(b)has been ordinarily resident in the British Islands since that person was first granted such leave, and

(c)is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of education at an educational establishment in the area of the education authority.]

Textual Amendments

7.  A person who–S

(a)at the date that the education authority received that person’s application for a bursary has been granted temporary protection and who has been ordinarily resident in the British Islands at all times since that person was first granted temporary protection;

(b)has not attained the age of 18 years on the relevant date; and

(c)is ordinarily resident in the area of the education authority on the qualifying day, provided that a bursary paid to a person only by virtue of that person qualifying under this paragraph shall not continue beyond the end of any academic year in which that person attains the age of 18 years.

Commencement Information

I7Sch. 1 para. 7 in force at 1.8.2007, see reg. 1

F198.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F209.—[F21(1) A person who—S

(a)is either an EC national or the family member of an EC national and is—

(i)a person with a right of permanent residence who has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the qualifying day,

(ii)a person with protected rights who has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the qualifying day, or

(iii)a person with protected rights who has been ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the qualifying day,

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

(c)where that person is a person referred to in head (a)(i) or (ii), is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which that person seeks a bursary,

(d)where that person is a person referred to in head (a)(iii), is ordinarily resident in the British Islands on the qualifying day,

(e)in the case where their ordinary residence referred to in head (a)(i) or (ii) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising Gibraltar, the European Economic Area and Switzerland immediately prior to the period of residence referred to in head (a)(i) or (ii).]

F22(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this paragraph—

(a)[F23a person referred to in sub-paragraph 1(a) does not include an EC national who is also] a United Kingdom national who has not utilised a right of residence; and

[F24(b)a United Kingdom national has utilised a right of residence if that person has—

(i)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; or

(ii)resided in a state—

((aa))within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

((bb))of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.]

[F25(c)in sub-paragraph (1)(a), the reference to a “family member of an EC national” is to be read as if a relevant person of Northern Ireland were included in the definition of “EC national” in regulation 2.]

F26(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Commencement Information

I8Sch. 1 para. 9 in force at 1.8.2007, see reg. 1

[F2710.  A person who—S

(a)is the child of a Swiss national,

(b)is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss Citizens’ Rights Agreement,

(c)is—

(i)a person with a right of permanent residence, or

(ii)a person with protected rights,

(d)is ordinarily resident in Scotland on the first day of the first academic year of the course,

(e)has been ordinarily resident in the British Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the first day of the first academic year of the course, and

(f)in a case where the person’s ordinary residence referred to in head (e) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the British Islands, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in head (e).]

Textual Amendments

11.  [F28Subject to regulation 2(3), a person to whom], or in respect of whom, a bursary has been paid in accordance with these Regulations within the year immediately preceding the relevant date, provided that this paragraph will not apply where it would result in the payment of a bursary to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 7.

Textual Amendments

Commencement Information

I9Sch. 1 para. 11 in force at 1.8.2007, see reg. 1

[F2912.  A person who–S

(a)is the child of a Turkish worker [F30(“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day];

[F31(aa)was ordinarily resident in the United Kingdom immediately before IP completion day,]

(b)is ordinarily resident in Scotland on the [F32qualifying day]; and

(c)has been ordinarily resident in [F33the British Islands, Gibraltar or] the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the [F34relevant date].]

Textual Amendments

[F3513.  A person who—S

(a)is an Irish national,

(b)is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(c)is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which that person seeks a bursary,

(d)has been ordinarily resident in the British Islands and the Republic of Ireland throughout the period of three years immediately preceding the relevant date.]

Textual Amendments

Regulation 3(2)

SCHEDULE 2SORDINARY RESIDENCE

1.—(1) For the purposes of paragraph 1(a) and paragraph [F369(1)(c)] of Schedule 1 a person shall be treated as being ordinarily resident in the area of the education authority on the qualifying day if the education authority are satisfied that that person was not so resident only because–S

(a)that person, their spouse or civil partner or either of their parents; or

(b)in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,

was [F37temporarily]–

(c)employed outside Scotland; or

(d)attending a course of study or undertaking postgraduate research outside Scotland.

(2) For the purposes of paragraph 1(a) of Schedule 1 and subject to sub paragraph (3), a person shall not be treated as being ordinarily resident in the area of the education authority on the qualifying day if the education authority are satisfied that their residence there on that day is in any sense attributable to, or connected with, any period of residence within 3 years immediately preceding the relevant date any part of which was wholly or mainly for the purpose of receiving full time education.

(3) Sub paragraph (2) shall not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971(3) as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38(4).

Textual Amendments

Commencement Information

I10Sch. 2 para. 1 in force at 1.8.2007, see reg. 1

2.—(1) Sub paragraphs (2) to (5) shall apply in determining, for the purposes of paragraphs 1(b), [F382(1)(b)], 3(b), [F394(1)(e)], [F409(1)(a), 9(1)(d), 10(e), 12(c) and 13(d)] of Schedule 1, whether a person is to be treated as having been or not having been ordinarily resident for the period specified in those paragraphs (in this paragraph, “the specified period”) in the British Islands, [F41Gibraltar, the Republic of Ireland,] the European Economic Area or Switzerland or the EU overseas territories [F42or Turkey] (in this paragraph “the relevant area”).S

(2) A person shall not be treated as having been ordinarily resident in the relevant area for the specified period in paragraph 1(b) of Schedule 1, if the education authority are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education, unless–

F43(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the person has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in [F44the British Islands, Gibraltar or in] the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence.

F45(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the education authority are satisfied that the person was born and spent the greater part of their life in the relevant area and that–

(a)their parents or either of them have been ordinarily resident in the relevant area throughout the specified period and that person is not an independent person; or

(b)that person has been ordinarily resident in the relevant area for at least 1 year of the specified period and, in the case of those qualifying by virtue of paragraph 1 or 9 of Schedule 1, no part of that period or residence was wholly or mainly for the purpose of receiving full time education.

(5) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the education authority are satisfied that the person was not actually so resident in the relevant area for the specified period only because–

(a)that person, or their spouse or civil partner, or either of their parents; or

(b)in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,

was [F46temporarily]–

(i)employed outside the relevant area; or

(ii)attending a course of study or undertaking post graduate research outside the relevant area.

Textual Amendments

Commencement Information

I11Sch. 2 para. 2 in force at 1.8.2007, see reg. 1

3.—(1) In paragraph 2(4)(a) an “independent person” means a person who prior to the relevant date–S

(a)has attained the age of 25 years;

(b)is married or in a civil partnership;

(c)has been self supporting out of their earnings for periods aggregating not less than 3 years; F47...

[F48(ca) had the care of a person under the age of 18 years who was wholly or mainly financially dependent on them; or]

(d)has no parent living.

(2) A person shall be regarded as having been self supporting out of their earnings for any period during which that person–

(a)was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local;

(b)was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;

(c)was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) or (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit; or

(d)received any pension, allowance or other benefit paid by reason of a disability to which they are subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer or by any other person; [F49or]

(e)held [F50an advance postgraduate award] or comparable award; F51...

F51(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12Sch. 2 para. 3 in force at 1.8.2007, see reg. 1

(1)

O.J. No. L 158, 30.04.04, p.77.

(2)

Cm. 5639.

(4)

O.J. No. L 158, 30.04.04, p.77.

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  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

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