The Education Authority Bursaries (Scotland) Regulations 2007

4.— [F1 (1) A person who— S

(a) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(b) was ordinarily resident in Scotland for at least 3 continuous years and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence before IP completion day,

(c) was ordinarily resident on IP completion day—

(i) in Gibraltar or the territory comprising the European Economic Area and Switzerland, or

(ii) in the United Kingdom, immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the relevant date,

(d) is—

(i) ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which that person seeks a bursary, or

(ii) not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority,

(e) has been ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date,

(f) in a case where the person’s ordinary residence referred to in head (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the British Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in head (e), and

(g) is undertaking a course for which the relevant date is prior to 31 July 2028.]

(2) For the purposes of this paragraph, a person has utilised a right of residence if that person–

(a) is–

(i) a United Kingdom national;

(ii) a family member of a United Kingdom national [F2 for the purposes of] Article 7 of Directive 2004/38(1) (or corresponding provisions under the EEA agreement or the Switzerland Agreement(2)); or

(iii) a person who [F3 had a right] of permanent residence arising under Directive 2004/38; and

(b) either–

(i) has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a State other than the United Kingdom; or

(ii) in the case of a person who [F4 had a right] of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the State within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

[F5 (3) Sub-paragraph (1)(a) [F6 and the requirement in sub-paragraph (1)(b) to be settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom do] not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii) [F7 and is accompanying or joining that United Kingdom national in the United  Kingdom].]

Textual Amendments

F1 Sch. 1 para. 4(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, 8(c)(i)

F2 Words in sch. 1 para. 4(2)(a)(ii) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 8(c)(ii)

F3 Words in sch. 1 para. 4(2)(a)(iii) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 8(c)(iii)

F4 Words in sch. 1 para. 4(2)(b)(ii) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 8(c)(iv)

F5 Sch. 1 para. 4(3) 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(3)(a)

F6 Words in sch. 1 para. 4(3) substituted (1.4.2012) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/72), regs. 1, 10(3)(b)

F7 Words in sch. 1 para. 4(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, 8(c)(v)

Commencement Information

I1 Sch. 1 para. 4 in force at 1.8.2007, see reg. 1

(1)

O.J. No. L 158, 30.04.04, p.77.

(2)

Cm. 5639.