The Education Authority Bursaries (Scotland) Regulations 2007

Citation and commencement S

1.  These Regulations may be cited as the Education Authority Bursaries (Scotland) Regulations 2007 and shall come into force on 1st August 2007.

Commencement Information

I1 Reg. 1 in force at 1.8.2007, see reg. 1

Interpretation S

2.—(1) In these Regulations–

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

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;

“bursary” means a bursary, scholarship or other allowance granted under section 49(1) or (2) of the Act;

[F1 “Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020,]

“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council(1) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member States [F2 , and reference to a provision of this Directive—

(a)

is reference to the Directive as it had effect immediately before IP completion day,

(b)

is to be read, where appropriate, as if references to a “Member State” include the United Kingdom.]

[F3 “ [F4 EU] national” means a person who is a national for the purposes of the Community Treaties of any member State of the [F4 European Union ];]

[F5 “EEA EFTA separation agreement” means the agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union;]

“EEA frontier self employed person” means an EEA national who–

(a)

is a self employed person F6 ... in Scotland; and

(b)

[F7 resides in Switzerland, Gibraltar or the territory of an EEA state and returns to their residence in Switzerland, Gibraltar or that EEA state, as the case may be, daily or at least once a week,]

“EEA frontier worker” means an EEA national who–

(a)

is a worker F8 ... in Scotland; and

(b)

[F9 resides in Switzerland, Gibraltar or the territory of an EEA state and returns to their residence in Switzerland, Gibraltar or that EEA state, as the case may be, daily or at least once a week,]

“EEA migrant worker” means an EEA national in the United Kingdom who is a worker F10 ... but who is not an EEA frontier worker;

“EEA national” means a national of an EEA state F11 ...;

[F12 “EEA Regulations 2016” means the Immigration (European Economic Area) Regulations 2016,]

“EEA self employed person” means an EEA national in the United Kingdom who is a self employed person F13 ... but who is not an EEA frontier self employed person;

“employment” means full-time or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and references to employment include references to the holding of any office and to any occupation for gain;

“EU overseas territories” means Aruba, Faeroe Islands, French Polynesia, French Southern and Antarctic Territories, Greenland F14 ..., Mayotte, Netherlands Antilles (Bonaire, Curcao, Saba, Sint Eustatius and Sint Maarten), the Territory of New Caledonia and Dependencies, St Pierre et Miquelon and Wallis and Futuna Islands;

F15 ...

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

“family member” [F16 means, in relation to any person—

(a)

their spouse or civil partner; or

(b)

their direct descendants or those of their spouse or civil partner who are—

(i)

under the age of 21; or

(ii)

their dependants or those of their spouse or civil partner; or

(c)

their dependent direct relatives in the ascending line or those of their spouse or civil partner.]

F17 ...

“parent” includes a step parent, a guardian, any other person having parental responsibilities for a child and any person having care of a child, and “child” shall be construed accordingly;

[F18 “person with protected rights” means—

(a)

a person within the personal scope of Article 10 (personal scope) of the EU Withdrawal Agreement, Article 9 (personal scope) of the EEA EFTA Separation Agreement, or Article 10 (personal scope) of the Swiss Citizens’ Rights Agreement who—

(i)

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(ii)

is a relevant person within the meaning of regulation 3 (grace period) of the Citizens’ Rights Regulations where the grace period (within the meaning of that regulation) has not ended,

(iii)

is an applicant within the meaning of regulation 4 (applications which have not been finally determined by the deadline) of the Citizens’ Rights Regulations where the relevant period (within the meaning of that regulation) has not ended, or

(iv)

is an Irish national (“P”) who—

(aa)

has not made a valid application under residence scheme immigration rules, and

(bb)

would be granted leave to remain or enter in the United Kingdom if P made such an application, or

(b)

a family member (“P”) of a relevant person of Northern Ireland (“R”) where—

(i)

P has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, and

(ii)

P would fall within sub-paragraph (a)(i) if R were a person within the personal scope of Article 10 (personal scope) of the EU Withdrawal Agreement, Article 9 (personal scope) of the EEA EFTA Separation Agreement, or Article 10 (personal scope) of the Swiss Citizens’ Rights Agreement,]

“qualifying day” in relation to a course of study for which a bursary is sought means–

(a)

as respects a course starting in the autumn term of any year, 30th June in that year;

(b)

as respects a course starting in the spring term of any year, 31st October in the year preceding that year; and

(c)

as respects a course starting in the summer term of any year, the last day of February in that year;

“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(2) as extended by the Protocol thereto which entered into force on 4th October 1967(3);

“relevant date” in relation to a course of study for which a bursary is sought means–

(a)

as respects a course starting in the autumn term of any year, a reference to the earlier of 31st August in that year or the first day of that term;

(b)

as respects a course starting in the spring term of any year, a reference to the earlier of 31st December in the year preceding that year or the first day of that term; and

(c)

as respects a course starting in the summer term of any year, a reference to the earlier of 31st March in that year or the first day of that term;

[F19 “relevant person of Northern Ireland” has the meaning given in residence scheme immigration rules,

“right of permanent residence” means a person who—

(a)

meets one of the following conditions—

(i)

the person is a person referred to in sub-paragraph (a)(i) of the definition of “person with protected rights” who is settled in the United Kingdom by virtue of having acquired the right of permanent residence,

(ii)

the person is a person referred to in sub-paragraph (a)(ii) of the definition of “person with protected rights” who has or is treated as having a right of permanent residence for the purposes of the EEA Regulations 2016 as those Regulations continue to have effect by virtue of the Citizens’ Rights Regulations in relation to that person during the grace period,

(iii)

the person is a person referred to in sub-paragraph (a)(iii) of the definition of “person with protected rights” who has or is treated as having a right of permanent residence for the purposes of the EEA Regulations 2016 as those Regulations continue to have effect by virtue of the Citizens’ Rights Regulations in relation to that person during the relevant period,

(iv)

the person is an Irish national (“P”) settled in the United Kingdom who—

(aa)

is a person referred to in sub-paragraph (a)(iv) of the definition of “person with protected rights”,

(bb)

has not made a valid application under residence scheme immigration rules, and

(cc)

would be granted indefinite leave to enter or remain in the United Kingdom if P made such an application, or

(v)

the person is a person (“P”) referred to in sub-paragraph (b) of the definition of “person with protected rights”, where P is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,

“self-employed person” means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be, or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Switzerland Agreement,

“Swiss Citizens’ Rights Agreement” means the agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Citizens’ Rights following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement,]

“Swiss employed person” means a Swiss national in the United Kingdom who is an employed person within the meaning of Annex 1 to the Switzerland Agreement, but who is not a Swiss frontier employed person;

“Swiss frontier employed person” means a Swiss national who–

(a)

is an employed person (within the meaning of Annex 1 to the Switzerland Agreement) in Scotland; and

(b)

[F20 resides in Switzerland, Gibraltar or the territory of an EEA state and returns to their residence in Switzerland, Gibraltar or that EEA state, as the case may be, daily or at least once a week,]

“Swiss frontier self employed person” means a Swiss national who–

(a)

is a self employed person (within the meaning of Annex 1 to the Switzerland Agreement) in Scotland ; and

(b)

[F21 resides in Switzerland, Gibraltar or the territory of an EEA state and returns to their residence in Switzerland, Gibraltar or that EEA state, as the case may be, daily or at least once a week,]

“Swiss self employed person” means a Swiss national in the United Kingdom who is a self employed person within the meaning of Annex 1 to the Switzerland Agreement), but who is not a Swiss frontier self employed person;

“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 and which came into force on 1st June 2002 [F22 , and reference to a provision of the Agreement—

(a)

is reference to the Agreement as it had effect immediately before IP completion day,

(b)

is to be read, where appropriate, as if references to a “Member State” include the United Kingdom,]

“temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules(4).

[F23 “Turkish worker” means a Turkish national who–

(a)

is ordinarily resident in Scotland; and

(b)

is, or has been, lawfully employed in the United Kingdom]

[F24 “worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement as the case may be,]

(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; and

(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.

[F25 (3) Where—

(a) a student (“A”) is a person eligible for a bursary within the meaning of schedule 1 for the purposes of an application for support for—

(i) the first year of A’s current course, or

(ii) an earlier year of A’s current course, and

(b) as at the day before the relevant date for the academic year in respect of which A is applying for support—

(i) A’s limited leave to remain granted by virtue of residence scheme immigration rules has expired, and no further leave to remain has been granted,

(ii) A has not made an in-time application within the meaning of regulation 4(6) of the Citizens’ Rights Regulations, or

(iii) A is an applicant for the purposes of regulation 4 of the Citizens’ Rights Regulations (applications which have not been finally determined by the deadline), the relevant period (within the meaning of that regulation) has ended in the circumstances described in paragraph (6)(b) or (c) of that regulation, and A is not otherwise an eligible student under schedule 1,

A ceases to be a person eligible for a bursary immediately before the first day of the academic year in respect of which the student is applying for support.]

Textual Amendments

F1 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(i)

F2 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(ii)

F3 Words in reg. 2(1) inserted (25.6.2009) by The Education (Fees and Awards for EC Nationals and UK Returners) (Scotland) Regulations 2009 (S.S.I. 2009/188), regs. 1, 4(a)

F4 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

F5 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(iii)

F6 Words in reg. 2(1) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(iv)(aa)

F7 Words in reg. 2(1) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(iv)(bb)

F8 Words in reg. 2(1) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(v)(aa)

F9 Words in reg. 2(1) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(v)(bb)

F10 Words in reg. 2(1) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(vi)

F11 Words in reg. 2(1) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(vii)

F12 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(viii)

F13 Words in reg. 2(1) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(ix)

F14 Word in reg. 2(1) omitted (1.4.2012) by virtue of The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/72), regs. 1, 9(a)

F15 Words in reg. 2(1) omitted (1.4.2012) by virtue of The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/72), regs. 1, 9(b)

F16 Words in reg. 2(1) substituted (1.4.2013) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/80), regs. 1(2), 12

F17 Words in reg. 2(1) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(x)

F18 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(xi)

F19 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(xii)

F20 Words in reg. 2(1) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(xiii)

F21 Words in reg. 2(1) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(xiv)

F22 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(xv)

F23 Words in reg. 2(1) inserted (1.12.2007) by The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007 (S.S.I. 2007/503), regs. 1(1), 6(2)

F24 Words in reg. 2(1) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(a)(xvi)

F25 Reg. 2(3) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 6(b)

Commencement Information

I2 Reg. 2 in force at 1.8.2007, see reg. 1

Exercise of power to grant a bursary S

3.—(1) The power of an education authority to grant a bursary in accordance with section 49(1) or (2) of the Act–

(a) shall be exercised in accordance with the following provisions of these Regulations; and

(b) shall not be exercised except in relation to a person described in one or more paragraphs of Schedule 1.

(2) Schedule 2 shall have effect as regards determining whether a person is to be treated, for the purposes of Schedule 1, as being, or having been, ordinarily resident in a place at or for a particular time.

Commencement Information

I3 Reg. 3 in force at 1.8.2007, see reg. 1

Amount of bursaries S

4.—(1) The amount of a bursary shall be determined by the education authority and may include sums in respect of–

(a) tuition and other fees payable in respect of the holder of the bursary;

(b) travelling expenses necessarily incurred, or to be incurred, by the holder in undertaking the course of study in respect of which the bursary is awarded;

(c) the maintenance of the holder and of any person dependent on the holder during periods of full-time study and during vacations; and

(d) other expenses incurred, or to be incurred, by the holder in taking advantage of educational facilities.

(2) A bursary payable to or in respect of a person who is eligible for a bursary only by virtue of paragraph [F26 9(1)(a)(iii)] of Schedule 1 may include sums only in respect of tuition and other fees payable in respect of that person.

(3) In determining the amount of a bursary, the education authority may take account of the sums, if any, which in their opinion the holder of the bursary, the holder’s parents and the holder’s spouse or civil partner can reasonably be expected to contribute towards the holder’s expenses.

(4) The amount of a bursary may be revised at any time if the education authority think fit having regard to–

(a) the failure of the holder to comply with the conditions of the bursary;

(b) all the circumstances of the holder, their parents, their spouse or civil partner or any as the case may be; or

(c) any error made in the computation of the amount of the bursary.

Textual Amendments

F26 Word in reg. 4(2) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 7

Commencement Information

I4 Reg. 4 in force at 1.8.2007, see reg. 1

Conditions of bursary S

5.—(1) Every bursary shall be held subject to the following conditions:–

(a) the holder shall attend regularly the course of study in respect of which the bursary is awarded;

(b) the education authority shall be satisfied as to the conduct and progress of the holder; and

(c) the holder shall provide the education authority with such information and such documents as they may from time to time require to enable them to exercise their functions under these Regulations.

(2) If the conditions specified in paragraph (1) are not complied with or if the holder receives from any other source any sum which, in the opinion of the education authority, makes it unnecessary for the holder to be assisted by means of a bursary, the education authority may suspend payment of the bursary or terminate the bursary.

(3) It shall be a condition of payment of a bursary that the applicant gives a written undertaking to pay to the education authority any amount of which they may request repayment in the circumstances specified in paragraph (4) and that, if the applicant is below the age of legal capacity and has any parent or guardian, the parent or guardian shall consent to the undertaking.

(4) Where the education authority are satisfied that there has been an overpayment of bursary for any reason and request repayment of the overpayment or so much thereof as they think fit, and the holder of the bursary has given an undertaking under paragraph (3), the holder of the bursary shall be obliged to pay to the education authority the amount requested.

Commencement Information

I5 Reg. 5 in force at 1.8.2007, see reg. 1

HUGH HENRY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh