The Education (European Community Enlargement) (Scotland) Regulations 1994

Fees and Awards

4.  The Education (Fees and Awards) (Scotland) Regulations 1983(1) shall be amended as follows:—

(a) in regulation 2(1)—

(i) there shall be inserted after the definition of “EEA Agreement” the following definition:—

““EEA State” means a state which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include Liechtenstein;”;

(ii) the definition of “European Community” shall be deleted; and

(iii) for the definition of “European Economic Area” there shall be substituted—

• ““European Economic Area” means the area of the EEA States, and includes—

  (a)

  those States at any time before the EEA Agreement came into force in relation to them; and

  (b)

  as regards any time prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;”;

(b) In Schedule 1—

(i) for paragraph 2(2)(a) there shall be substituted—

“(a) he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area; and”;

(ii) in paragraph 5, for the words “territory specified in paragraph 2(2)(a) of this Schedule” and “said territory” there shall be substituted in each case “European Economic Area”;

(iii) in paragraph 7, for the words “by virtue of the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”; and

(iv) for paragraph 7(a) there shall be substituted—

“(a) he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area; or”;

(c) in Schedule 2—

(i) in paragraph 2(a), for the words “as given effect by the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”;

(ii) for paragraph 2(b) there shall be substituted—

“(b) he has been ordinarily resident throughout the period of 3 years immediately preceding the relevant date in the European Economic Area;”;

(iii) in paragraph 5(2)(i), for the words “territory specified in that sub-paragraph” there shall be substituted “European Economic Area”; and

(iv) in paragraph 5(2)(ii), for the words “that territory” there shall be substituted “the European Economic Area”; and

(d) in Schedule 4(2)—

(i) for paragraph 3(3)(a) there shall be substituted—

“(a) he has been ordinarily resident in the European Economic Area throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of his intended course; and”;

(ii) in paragraph 5, for the words “the territory specified therein” and “that territory” (occurring twice) there shall be substituted in each case “the European Economic Area”;

(iii) in paragraph 6, for the words “by virtue of the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”; and

(iv) for paragraph 6(a) there shall be substituted—

“(a) he has throughout the 3 year period referred to in Regulation 6(a) been ordinarily resident within the European Economic Area; or”.

(1)

S.I. 1983/1215; relevant amending instruments are S.I. 1984/1361, 1985/1223, 1987/1383, 1991/834, and 1993/3184.

(2)

Schedule 4 was added by S.I. 1987/1383 and amended by S.I. 1991/834 and 1993/3184.