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9.—(1) The Education (Fees) (Scotland) Regulations 2011(1) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2—
(a)in paragraph (3) after “6A(a)(iii) and (b)” insert “, 6B(a)(iii) and (b), 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”, and
(b)in paragraph (4) after “6A(a)(iii) and (b)” insert “, 6B(a)(iii) and (b), 6C(a)(iii) and (b), 6D(a)(iii) and (b), 6E(1)(c)”.
(3) In schedule 1 (fees-excepted students)—
(a)after paragraph 6C insert—
“6D.—(1) A post 2011/12 student is an excepted student if that post 2011/12 student—
(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 United Kingdom and 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 Scotland on the relevant date.
(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.”, and
(b)after paragraph 13 insert—
“14. A post 2011/12 student is an excepted student on or after exit day if that post 2011/12 student would have been an excepted student immediately before exit day by virtue of falling within one or more of paragraphs 1 to 13.”.
S.S.I. 2011/389, amended by S.S.I. 2012/72, S.S.I. 2013/80, S.S.I. 2016/82 and S.S.I. 2018/171.
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