The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 No. 2263

PART 2 AMENDMENTS TO THE FEES REGULATIONS

Amendment of regulation 2 of the Fees Regulations

6.  In regulation 2 of the Fees Regulations—

(a) in paragraph (4) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”;

(b) after paragraph (7), insert—

“(8) For the purposes of these Regulations a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands.”.

Amendment of Schedule 1 to the Fees Regulations

7.  In Schedule 1 to the Fees Regulations—

(a) in paragraph 3(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(b) for paragraph 6, substitute—

“6.— (1) A person who—

(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 paragraph (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 paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising 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.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.”;

(c) in paragraph 7(b) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(d) in paragraph 8(1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(e) in paragraph 9(1)—

(i) for paragraph (c), substitute—

“(c) has been ordinarily resident in the territory comprising 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; and”;

(ii) omit paragraph (d);

(iii) in paragraph (e) for “paragraphs (c) and (d)”, substitute “paragraph (c)”;

(f) in paragraph 10(1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(g) in paragraph 11(c) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(h) in paragraph 12(c) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”.