The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004

Amendment of Nursing and Midwifery Regulations

2.—(1) The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(1) shall be amended as follows.

(2) In regulation 2–

(a) at the end of the definition of “allowance” omit “and”;

(b) after that definition insert–

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

(a)

under Council Regulation (EEC) No. 1612/68(2) on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area) or the Switzerland Agreement; or

(b)

in circumstances where as a national of the United Kingdom that person 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 member State, Norway, Iceland or Liechtenstein;

“European Economic Area” means the area of the EEA States, and includes those States at any time before they became EEA States;”;

(c) at the end of the definition of “Health Board” insert “; and”; and

(d) after that definition insert–

““Switzerland Agreement” 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 21st June 1999(3) and which came into force on 1st June 2002.”.

(3) In Schedule 1–

(a) in paragraph 2(a)–

(i) for “by the EEA Agreement)” substitute “) or Article 9(3) of Annex I to the Switzerland Agreement,”; and

(ii) for “subject of Article 7(2) and (3)” substitute “subject of either of those Articles”;

(b) in paragraph 2(b) after “European Economic Area” insert “or Switzerland”;

(c) in paragraph 3(a) after “European Economic Area” insert “or Switzerland”;

(d) in paragraph 4(a)–

(i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement,”; and

(ii) for “subject of Article 12” substitute “subject of either of those Articles”;

(e) in paragraph 4(b) after “European Economic Area” insert “or Switzerland”; and

(f) in paragraph 7(b) after “European Economic Area” insert “or Switzerland”.

(4) In paragraph 2(1) of Schedule 2 for “either the United Kingdom or the European Economic Area” substitute “the United Kingdom, the European Economic Area or Switzerland”.

(1)

S.I. 1992/580, amended by S.S.I. 2002/423 and 2003/401.

(2)

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).

(3)

Cm. 5639.