The Education (Mandatory Awards) (Amendment) Regulations 2005

Amendment of the Principal Regulations

6.—(1) Regulation 2 is amended in accordance with this regulation.

(2) Before the definition of “academic authority”, insert—

““the 2005 Act” means the Education Act 2005(1);”.

(3) After the definition of “award”, insert—

““category 2 European Student” means a person who is a national of a member state of the European Community—

(a)

who has been ordinarily resident in the British Islands throughout the three year period immediately preceding the start of the relevant designated course;

(b)

who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another member state by virtue of having exercised a Community right of free movement; and

(c)

who, in a case where his ordinary residence referred to in sub-paragraph (a) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (a).”.

(4) For the definition of “European student”, substitute—

““European student” means a person who is a national of a member state of the European Community or the child of such a national—

(a)

who has not been ordinarily resident in the British Islands as described in regulation 13(1)(a), whose residence in the British Islands has been wholly or mainly for the purposes of receiving full-time education as described in regulation 13(1)(b) or who is not settled in the United Kingdom as described in regulation 13(1)(c); and

(b)

who is not a category 2 European student;”.

(5) In the definition of “institution” for “Part I of the Education Act 1994”, substitute “Part 3 of the 2005 Act”.

(6) In the definition of “new academic term” for “2004”, substitute “2005”.

(7) For the definition of “new payment”, substitute—

““new payment” means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004 and the Education (Mandatory Awards) (Amendment) Regulations 2005;”.

(8) For the definition of “old payment”, substitute—

““old payment” means a payment which would have been made under these Regulations, as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004 and the Education (Mandatory Awards) (Amendment) (No.2) Regulations 2004, if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2005;”.

(1)

2005 c. 18.