The Education Maintenance Allowances (Scotland) Regulations 2004

Interpretation

2.—(1) In these Regulations–

“the Act” means the Education (Scotland) Act 1980;

“course of education” means a full-time–

(a)

course of school education;

(b)

course of non-advanced education undertaken at a home within an area of an education authority and approved by that education authority; or

(c)

course of non-advanced education undertaken elsewhere within an area of an education authority under the supervision of that education authority;

“course of non-advanced education” means any course which prepares a person to a standard not higher than that required for–

(a)

a qualification awarded by the Scottish Qualifications Authority; or

(b)

a General Certificate of Education qualification of England and Wales or Northern Ireland;

“education maintenance allowance” means an allowance paid or to be paid under these Regulations;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol thereto signed at Brussels on 17th March 1993(2);

“EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom–

(a)

under the Free Movement Regulation; or

(b)

in circumstances where as a national of the United Kingdom he or she has an enforceable Community right to be treated no less favourably than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation;

“EEA State” means a state which is a Contracting Party to the EEA Agreement;

“employment” shall include the holding of any office and any occupation for gain and “employed” shall be construed accordingly;

“European Economic Area” means the area of the EEA States, and includes those States at any time before the EEA Agreement came into force in relation to them;

“Free Movement Regulation” means Council Regulation (EEC) No. 1612/68(3) on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement);

“Islands” means the Channel Islands and the Isle of Man;

“parent” is to be construed in accordance with the definition below of person’s child;

“person’s child” includes a reference to a person adopted in pursuance of adoption proceedings, a stepchild, and a child in whose case the person concerned has admitted paternity or has been adjudged the putative father;

“qualifying date” means the first day of the term of the course of education for which an education maintenance allowance is sought;

“refugee” 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 28th July 1951(4) as extended by the Protocol thereto which entered into force on 4th October 1967(5); and

“temporary protection” has the meaning defined in Council Directive 2001/55/EC(6) on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

(2) In these Regulations, except where the context otherwise requires, any reference–

(a) to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations;

(b) in a regulation or Schedule to a numbered paragraph is a reference to the paragraph so numbered in that regulation or Schedule, as the case may be.

(1)

Cmnd. 2073.

(2)

Cmnd .2183.

(3)

O.J. No. L 257, 19.10.68, p.2 (O.J./S.E. 1968 (II), p.475), amended by Council Regulation (EEC) No. 2434/92 (O.J. No. L 245, 26.8.92, p.1).

(4)

Cmnd. 9171.

(5)

Cmnd. 3906. (Out of Print: photocopies are available free from the Students Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, Edinburgh EH12 9HH.

(6)

O.J. No. L 212, 20.7.01, p.12.