(This note is not part of the Regulations)
These Regulations amend the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (“the SLTF Regulations”), the Education Authority Bursaries (Scotland) Regulations 2007 (“the Bursaries Regulations”), the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (“the Nursing Regulations”), the Students’ Allowances (Scotland) Regulations 2007 (“the Allowances Regulations”), the Education (Student Loans) (Scotland) Regulations 2007 (“the Loans Regulations”), the Education Maintenance Allowances (Scotland) Regulations 2007 (“the EMA Regulations”) and the Education (Fees) (Scotland) Regulations 2011 (“the Fees Regulations”).
Regulations 2 to 4, 5(3), 6, 7(3) and 8(3) extend to persons granted indefinite leave to remain as a victim of domestic violence access to student funding and restrictions on the level of fees that may be charged under the SLTF Regulations, the Bursaries Regulations, the Nursing Regulations, the Allowances Regulations, the Loans Regulations, the EMA Regulations and the Fees Regulations. To be eligible, individuals must have been granted indefinite leave to remain in the UK as a victim of domestic violence under the immigration rules (as defined in section 33(1) of the Immigration Act 1971); have been ordinarily resident in the UK and Islands since they were first granted such leave; and be ordinarily resident in Scotland at the commencement of their course.
Regulations 2 to 4, 5(3), 6, 7(3) and to 8(3) extend to persons granted Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave access to student funding and restrictions on the level of fees that may be charged under the SLTF Regulations, the Bursaries Regulations, the Nursing Regulations, the Allowances Regulations, the Loans Regulations, the EMA Regulations and the Fees Regulations. To be eligible, individuals must have been granted leave to remain in the UK as a result of being granted Calais leave or “leave in line”; have been ordinarily resident in the UK and Islands they were first granted such leave; and be ordinarily resident in Scotland at the commencement of their course.
Regulations 5(2), 7(2) and 8(2) make consequential amendments to the Allowances Regulations, the EMA Regulations and the Fees Regulations to apply the meaning of ordinary residence in Scotland in relation to the new residence categories inserted into those regulations by these Regulations.
Regulation 8(2) also corrects a cross-reference inserted in regulation 2(3) and (4) of the Fees Regulations by regulation 9(2) of the Education (Fees and Student Support) (Miscellaneous Amendments) (EU Exit) (Scotland) Regulations 2019.