The Education Authority Bursaries (Scotland) Regulations 2007

2.—(1) Sub paragraphs (2) to (5) shall apply in determining, for the purposes of paragraphs 1(b), [F1 2(1)(b)], 3(b), [F2 4(1)(e)], [F3 9(1)(a), 9(1)(d), 10(e), 12(c) and 13(d)] of Schedule 1, whether a person is to be treated as having been or not having been ordinarily resident for the period specified in those paragraphs (in this paragraph, “the specified period”) in the British Islands, [F4 Gibraltar, the Republic of Ireland,] the European Economic Area or Switzerland or the EU overseas territories [F5 or Turkey] (in this paragraph “the relevant area”). S

(2) A person shall not be treated as having been ordinarily resident in the relevant area for the specified period in paragraph 1(b) of Schedule 1, if the education authority are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education, unless–

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the person has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in [F7 the British Islands, Gibraltar or in] the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the education authority are satisfied that the person was born and spent the greater part of their life in the relevant area and that–

(a) their parents or either of them have been ordinarily resident in the relevant area throughout the specified period and that person is not an independent person; or

(b) that person has been ordinarily resident in the relevant area for at least 1 year of the specified period and, in the case of those qualifying by virtue of paragraph 1 or 9 of Schedule 1, no part of that period or residence was wholly or mainly for the purpose of receiving full time education.

(5) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the education authority are satisfied that the person was not actually so resident in the relevant area for the specified period only because–

(a) that person, or their spouse or civil partner, or either of their parents; or

(b) in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,

was [F9 temporarily]–

(i) employed outside the relevant area; or

(ii) attending a course of study or undertaking post graduate research outside the relevant area.

Textual Amendments

F1 Word in sch. 2 para. 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, 9(b)(i)

F2 Word in sch. 2 para. 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, 9(b)(ii)

F3 Words in sch. 2 para. 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, 9(b)(iii)

F4 Words in sch. 2 para. 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, 9(b)(iv)

F5 Words in sch. 2 para. 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(4)(b)

F6 Sch. 2 para. 2(2)(a) 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, 11(3)(b)

F7 Words in sch. 2 para. 2(2)(b) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 9(c)

F8 Sch. 2 para. 2(3) 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, 9(d)

F9 Word in sch. 2 para. 2(5) substituted (1.4.2012) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/72), regs. 1, 11(3)(d)

Commencement Information

I1 Sch. 2 para. 2 in force at 1.8.2007, see reg. 1