2007 No. 375
EDUCATION
The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007
Made 30th August 2007
Coming into operation 28th September 2007

The Department for Employment and Learning, in exercise of the powers conferred by Articles 4(8) and 14(4) of the Higher Education (Northern Ireland) Order 2005 makes the following Regulations.
S.I. 2005/1116 (N.I. 5)see Article (2) for definitions of “the Department”, “prescribed” and “regulations”

Citation, commencement and interpretation
1 These Regulations may be cited as the Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 28th September 2007.
2 In these Regulations, “the 2007 Regulations” means the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007.
S.R. 2007 No. 328

3 Amendment of the 2007 Regulations
1 The Schedule to the 2007 Regulations shall be amended as provided by paragraphs (2) to (10).
2 In paragraph 1—
(a) for sub-paragraph (3) for “European Economic Area, Switzerland and Turkey”, there shall be substituted “European Economic Area, Switzerland, Turkey and the overseas territories”;
(b) after sub-paragraph (5), there shall be inserted—

“6 For the purposes of this Schedule 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;”

3 In paragraph 3(d) for “European Economic Area and Switzerland”, there shall be substituted “European Economic Area, Switzerland and the overseas territories”;
4 For paragraph 6, there shall be substituted—

“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.”

;
5 In paragraph 7(b) for “European Economic Area and Switzerland”, there shall substituted “European Economic Area, Switzerland and the overseas territories”;
6 In paragraph 8(1)(d) for “European Economic Area and Switzerland”, there shall be substituted “European Economic Area, Switzerland and the overseas territories”;
7 In paragraph 9(1)—
(a) for paragraph (c), there shall be substituted—

“(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”

;
(b) paragraph (d) shall be omitted;
(c) in paragraph (e) for “paragraph (c) or (d)”, there shall be substituted “paragraph (c)”;
8 After paragraph 9, there shall be inserted—

“9A 1 A person who—
(a) is an EC national other than a United Kingdom national on the first day of the first academic year of the course;
(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and
(d) in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).
2 Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.”

;
9 In paragraph 10(c) for “European Economic Area and Switzerland”, there shall be substituted “European Economic Area, Switzerland and the overseas territories”;
10 In paragraph 11(c) for “European Economic Area, Switzerland and Turkey”, there shall be substituted “European Economic Area, Switzerland, Turkey and the overseas territories”.
Sealed with the Official Seal of the Department for Employment and Learning on 30th August  2007
Mr Fergus Devitt A senior officer of the Department for Employment and Learning

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 (S.R. 2007, No. 328, “the principal Regulations”) to enable residence in the overseas territories to be treated as qualifying residence in certain cases.
These Regulations also amend the principal Regulations to make clear that students who move from the Islands to the United Kingdom for the purposes of undertaking their course will be treated as ordinarily resident in the Islands.
A full Regulatory Impact Assessment has not been produced for these Regulations as they have no impact on the costs of business.