The Education (Fees and Awards) (Scotland) Amendment Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) (Scotland) Regulations 1997 (“the principal Regulations”), Part II of which permits further and higher education institutions to charge a higher fee to overseas students than to home students. The criteria set by the principal Regulations for qualification for home fee status were amended by the Education (Fees and Awards) (Scotland) Amendment Regulations 1997 (“the Amendment Regulations”) to include an additional requirement that the student should be “settled in the United Kingdom” within the meaning of the Immigration Act 1971.

Regulation 2 of the Amendment Regulations provided that this additional requirement of settled status would not apply in respect of a student commencing his course before 1st September 1998.

These Regulations further amend the principal Regulations to provide that where a student–

(a) started a course before 1st September 1997; and

(b) in respect of that course was treated as having a relevant connection with the United Kingdom and Islands and thus qualified for home fee status, the requirement of settled status will not apply for obtaining home fee status in respect of a course or series of courses following immediately on that course.

This provision applies only to courses leading to a higher diploma or certificate, first degree courses, teachers' training courses and courses at higher education level leading to a professional qualification.