The Education (Fees and Awards) Regulations 1997

Revocation and transitional provisions

8.—(1) The following Regulations are revoked:

(a) The Education (Fees and Awards) Regulations 1994(1);

(b) The Education (Fees and Awards) (Amendment) Regulations 1995(2); and

(c) The Education (Fees and Awards) (Amendment) Regulations 1996(3).

(2) In any case where the relevant date is before 1st September 1998—

(a) a requirement that a person be settled in the United Kingdom within the meaning of the Immigration Act 1971(4) shall not apply;

(b) a person shall be mentioned in the Schedule for the purposes of regulation 4 if—

(i) at the relevant date he is settled in the United Kingdom within the meaning of that Act, and

(ii) he neither had the right of abode in the United Kingdom nor was settled therein within the meaning of that Act at, or at a time before, the beginning of the three year period preceding that date; and

(c) the spouse of an EEA migrant worker who is not a national of a member State of the European Economic Area shall for the purposes of regulation 4 be subject to the residence conditions mentioned in paragraph 9 of the Schedule but the period of residence required shall be one year rather than three years.

(3) In any case where the relevant date is before 1st September 2000 a person shall be mentioned in the Schedule for the purposes of regulation 4 if—

(a) at the relevant date he is settled in the United Kingdom within the meaning of the Immigration Act 1971,

(b) he neither had the right of abode in the United Kingdom nor was settled therein within the meaning of that Act at, or at a time before, the beginning of the three year period preceding that date, and

(c) at any time during that three year period he was ordinarily resident in Hong Kong.

(1)

S.I. 1994/3042.

(2)

S.I. 1995/1241.

(3)

S.I. 1996/1640.

(4)

1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.