The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2006

Amendment of Schedule 3

7.  In Schedule 3 (fees awards – excepted candidates) substitute–

Regulation 10

“SCHEDULE 3 FEES AWARDS – EXCEPTED CANDIDATES

1.   In this Schedule “the relevant date” means the date of a candidate’s application for a fees award.

2.   It shall not be lawful in pursuance of regulation 10 or 13 to adopt rules of eligibility for fees awardswhich exclude from eligibility a person who is an excepted candidate within the meaning of this Schedule.

3.— (1) A person who is an excepted candidate within the meaning of Schedule 2 shall be an excepted candidate within the meaning of this Schedule.

(2) Subject to paragraph 4, a person who–

(a) is a non UK EC national; or

(b) a family member of such a national,shall be an excepted candidate if he or she satisfies the conditions mentioned in sub-paragraph (3).

(3) The conditions referred to in sub-paragraph (2) are that–

(a) he or she has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the 3 year period immediately preceding 1st September, 1st January or 1st April closest to the beg inning of the first term of his or her intended course; and

(b) his or her residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education.

4.   A candidate who would, but for this paragraph, be an excepted candidate by virtue of paragraph 3(2) and (3) shall not be an excepted candidate in a case where rules of eligibility confine awards to candidates having a relevant connection with part only of the United Kingdom and Islands and he or she is, on the relevant date, ordinarily resident in some other part of the United Kingdom and Islands.

5.   A person shall be an excepted candidate if he or she fails to satisfy the criterion specified in paragraph 3(3)(a) by reason only that–

(a) that person, or his or her spouse or civil partner, or either of his or her parents or, in the case of a dependant relative in the ascending line, his or her child or child’s spouse or civil partner, was temporarily employed outside the European Economic Area or Switzerland, or

(b) that person, or his or her spouse or civil partner, or either of his or her parents, or, in the case of a dependant relative in the ascending line, his or her child or child’s spouse or civil partner, was temporarily receiving full-time education outside the European Economic Area or Switzerland.”.