The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007

Amendment of the Education (Fees and Awards) (Scotland) Regulations 2007

2.—(1) The Education (Fees and Awards) (Scotland) Regulations 2007(1) are amended as follows.

(2) In regulation 2(1) (interpretation), insert in the appropriate place–

““child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 2002(2);”;

““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;”; and

““young asylum seeker” means an unaccompanied asylum-seeking child”.

(3) In Schedule 1 (fees – excepted students)–

(a) in paragraph 4, after sub-paragraph (2) insert–

“(3) Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).”;

(b) after paragraph 7 insert–

“7A.   A person shall be an excepted student if that person–

(a) is the child of an asylum seeker or is a young asylum seeker;

(b) is resident in Scotland on 1st August, 1st January, 1st April or 1st July closest to the beginning of the first term of the person’s course;

(c) has been resident in Scotland throughout the 3 year period referred to in regulation 5(a);

(d) was under 18 years old on the date when the application for asylum was made, which application must have been made prior to 1st December 2006; and

(e) is under 25 years old on 1st August, 1st January, 1st April or 1st July closest to the beginning of the first term of the person’s course.”; and

(c) after paragraph 14 insert–

“14A.   A person shall be an excepted student if that person–

(a) is the child of a Turkish worker;

(b) is ordinarily resident in Scotland on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.”.

(4) In Schedule 2 (post-graduate agricultural studentships – excepted candidates)–

(a) in paragraph 4–

(i) omit sub-paragraph (1)(c); and

(ii) after sub-paragraph (2) insert–

“(3) Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).”; and

(b) after paragraph 10 insert–

“10A.   A person shall be an excepted candidate if that person–

(a) is the child of a Turkish worker;

(b) is ordinarily resident in Scotland on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.”.

(5) In Schedule 3 (fees awards – excepted candidates)–

(a) in paragraph 3(3)(a) after “Switzerland” insert “and Turkey”; and

(b) in paragraph 5(a) after “Switzerland” insert “or Turkey”.

(1)

S.S.I. 2007/152.

(2)

2002 c. 41.