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Version Superseded: 01/08/2021
Point in time view as at 01/08/2018.
There are currently no known outstanding effects for the The Education Authority Bursaries (Scotland) Regulations 2007, Paragraph 9.
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[F19.—(1) A person who–S
[F2(a)is, on the relevant date—
(i)an EC national; or
(ii)the family member of an EC national accompanying or joining that EC national in the United Kingdom; and]
(b)subject to paragraph (2) has been ordinarily resident in the area comprising the European Economic Area, Switzerland and the EU overseas territories throughout the period of 3 years immediately preceding the relevant date; and
(c)seeks a bursary in respect of a course of study at an establishment in the area of the education authority
(2) Sub-paragraph (1)(b) does not apply to a family member of an EC national where that EC national has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the EU overseas territories throughout the period of 3 years immediately preceding the relevant date
(3) For the purposes of this paragraph—
(a)an EC national does not include a United Kingdom national who has not utilised a right of residence; and
[F3(b)a United Kingdom national has utilised a right of residence if that person has—
(i)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)resided in a state—
((aa))within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and
((bb))of which that person is a national,
in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.]
(4) Where a state accedes to the EU after the relevant date and a person is a national of that state, the requirement in sub-paragraph (1)(a) to be an EC national on the relevant date is treated as being satisfied.]
Textual Amendments
F1Sch. 1 para. 9 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(5)
F2Sch. 1 para. 9(1)(a) 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), 13(3)(a)
F3Sch. 1 para. 9(3)(b) 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), 13(3)(b)
Commencement Information
I1Sch. 1 para. 9 in force at 1.8.2007, see reg. 1
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