The Education (Fees and Awards) (Wales) Regulations 2007

1.  For the purposes of this Schedule —

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004(1) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“EC national” (“gwladolyn o'r GE”) means a national of a Member State of the European Community;

“EEA frontier self-employed person” (“person hunangyflogedig ffin yr AEE”) means an EEA national who —

(a)

is a self-employed person in the United Kingdom; and

(b)

resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA frontier worker” (“gweithiwr ffin yr AEE”) means an EEA national who—

(a)

is a worker in United Kingdom; and

(b)

resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA migrant worker” (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn o'r AEE”) means a national of an EEA State other than the United Kingdom;

“EEA self-employed person” (“person hunangyflogedig AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“EEA State” (“Gwladwriaeth AEE”) means a Member State of the European Economic Area;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“family member” (“aelod o deulu”) means (unless otherwise indicated) —

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person —

(i)

his or her spouse or civil partner;

(ii)

his or her child or the child of his or her spouse or civil partner; or

(iii)

dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;

(b)

in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person —

(i)

his or her spouse or civil partner; or

(ii)

his or her child or the child of his or her spouse or civil partner;

(c)

in relation to an EC national who falls within Article 7(1)(c) of Directive 2004/38 —

(i)

his or her spouse or civil partner; or

(ii)

direct descendants of his or her or of his or her spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or her or of his or her spouse or civil partner;

(d)

in relation to an EC national who falls within Article 7(1)(b) of Directive 2004/38 —

(i)

his or her spouse or civil partner; or

(ii)

direct descendants of his or her or of his or her spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or her or of his or her spouse or civil partner;

(iii)

dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of paragraph 9 —

(i)

his or her spouse or civil partner; or

(ii)

direct descendants of his or her or of his or her spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or her or of his or her spouse or civil partner;

“person with leave to enter or remain”(“person sydd â chaniatâd i ddod i mewn neui aros”) means a person—

(a)

who has been informed by a person acting under the authority of the Secretary of the State for the Home Department that, although he or she is considered not to qualify for recognition as a refugee, it is thought right to allow him or her to enter or remain in the United Kingdom;

(b)

who has been granted leave to enter or to remain accordingly; and

(c)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002)(2); and

(d)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since he or she was granted leave to enter or remain;

“refugee” (“ffoadur”) 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 28 July 1951(3) as extended by the Protocol thereto which entered into force on 4 October 1967(4);

“right of permanent residence” (“hawl i breswylio'n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“self-employed person” (“person hunan-gyflogedig”) means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971(5);

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999(6) and which came into force on 1 June 2002;

“Swiss employed person” (“person Swisaidd cyflogedig”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person Swisaidd cyflogedig y ffin”) means a Swiss national who—

(a)

is an employed person in the United Kingdom; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss frontier self-employed person” (“person Swisaidd hunangyflogedig y ffin”) means a Swiss national who—

(a)

is a self-employed person in the United Kingdom; and

(b)

resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss self-employed person” (“person Swisaidd hunangyflogedig”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

“Turkish worker” (“gweithiwr o Dwrci”) means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom; and

(b)

is, or has been lawfully employed in the United Kingdom;

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

(1)

OJ L158, 30.4.2004, p.77-123.

(2)

002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), section 26 and Schedules 2 and 4, and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9.

(3)

Cmnd. 9171.

(4)

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

(5)

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

(6)

Cm. 4904.