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PART 1E+WGENERAL

Citation, commencement, application and interpretationE+W

1.  These Regulations may be cited as the Education (Student Support) (European University Institute) Regulations 2010 and come into force on 1st April 2010.

2.  These Regulations apply in relation to England M1.

Marginal Citations

M1In relation to Wales, the functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales under section 44 of the Higher Education Act 2004 except so far as they relate to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (f) or (5) of section 22.

3.—[F1(1)]  In these Regulations—

“1998 Act” means the Teaching and Higher Education Act 1998;

“2006 Regulations” means the Education (Student Support) (European Institutions) (No. 2) Regulations 2006 ;

[F2“2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;]

“academic authority” means the governing body or other body having the functions of a governing body of the Institute and includes a person acting with the authority of that body;

“current course” means the designated course in respect of which a person is applying for support or to be recognised as an eligible student;

“designated course” has the meaning given by regulation 10;

“eligible student” has the meaning given by regulation 9;

“European Union” means the territory comprised of the Member States of the European Union as constituted from time to time;

F3...

“grants for living and other costs” means the grants payable under regulation 17;

[F4“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;]

“Institute” means the European University Institute;

[F5“Islands” means the Channel Islands and the Isle of Man]

[F6“person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rulesF7...; and

(b)

has been ordinarily resident in the United Kingdom and Islands since the person was [F8granted such leave to remain];]

[F9“person granted humanitarian protection” means a person—

(a)

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules F10...;

(b)

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002); and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;]

[F11“person granted indefinite leave to remain as a bereaved partner” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rulesF12...—

(i)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

(ii)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(iii)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(iv)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F13“person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—

(a)

granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rulesF14...—

(i)

paragraph 289B (victims of domestic violence);

(ii)

paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(iii)

paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F15“person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;]

[F15“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the [F16immigration rules]; or

(ii)

outside the [F17immigration rules] where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F15“person granted leave under the Ukraine Extension Scheme” means a person—

(a)

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the [F18immigration rules]; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F15“person granted leave under the Ukraine Family Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the [F19immigration rules]; or

(ii)

outside the [F20immigration rules] where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; ]

[F21“person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F22“person granted stateless leave” means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules F23...; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F24“person with protected rights” means—

(1)
(a)

[F25 a person within the personal scope of the citizens’ rights provisions who—]

[i]

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

[ii]

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

[iii]

F26...

[iv]

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

[v]

[F27otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions;]

(b)

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;]

(2)

[F28In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—

(a)

Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b)

Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)

Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]

F29...

“qualifying course” means a course—

(a)

which is—

(i)

a postgraduate or comparable course; and

(ii)

of at least two academic years' duration; and

(b)

in respect of which the student (“A”) received, for at least two academic years of the course, a statutory award other than an award intended to assist with additional expenditure that A was obliged to incur in connection with A's attendance on the course by reason of a disability to which A is or was subject;

“refugee” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M2 as extended by the Protocol thereto which entered into force on 4th October 1967 M3;

“relevant date” means [F301st February of the calendar year in which the academic year of the current course begins];

[F31“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;]

[F31“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;]

[F31“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020; ]

“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962 M4, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” means the Education (Student Loans) Act 1990 M5, the Education (Student Loans) (Northern Ireland) Order 1990 M6, the Education (Scotland) Act 1980 M7 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 M8 and regulations made thereunder or the 1998 Act and regulations made thereunder;

“supplementary grants” means the grants payable under Chapter 2 of Part 4;

[F32“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or had been, lawfully employed in the United Kingdom.

[F33(2) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a)Article 10 (personal scope) of the EU withdrawal agreement;

(b)Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 10 (personal scope) of the Swiss citizens’ rights agreement.]

Textual Amendments

F3Words in reg. 3(1) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 28(1)(a)

F5Words in reg. 3 inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(2)(a)(i)

F6Words in reg. 3 inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(2)(a)

F9Words in reg. 3 inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Support) (European University Institute) Regulations 2010 (Amendment) Regulations 2011 (S.I. 2011/83), regs. 1(2), 4(a)

F11Words in reg. 3 inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 12(2)

F13Words in reg. 3 inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(2)(a)(ii)

F15Words in reg. 3(1) inserted (with application in accordance with reg. 1(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 10(1)

F21Words in reg. 3 inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 38(2)

F22Words in reg. 3 inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 18(2)

F26Words in reg. 3(1) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 28(1)(b)

F29Words in reg. 3 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Support) (European University Institute) Regulations 2010 (Amendment) Regulations 2011 (S.I. 2011/83), regs. 1(2), 4(b)

F30Words in reg. 3 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (European University Institute) Regulations 2010 (Amendment) Regulations 2012 (S.I. 2012/3059), regs. 1(1), 3

Marginal Citations

M2Cmnd. 9171.

M3Cmnd. 3906 (out of print; photocopies are available free of charge, from the Student Finance Policy Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

M41962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provision set out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

M6S.I. 1990/1506 (N.I. 11); amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

M8S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

Revocation and saving provisionsE+W

4.  Subject to regulations 5 and 6, the regulations listed under Schedule 3 are revoked in relation to England.

5.  The 2006 Regulations shall continue to apply in relation to England in respect of an academic year beginning on or after 1st September 2009 but before 1st September 2010 and in respect of an academic year beginning on or after 1st September 2008 but before 1st September 2009 so far as the 2006 Regulations relate to an academic year beginning in that period.

6.—(1) Regulation 21(5) of the 2006 Regulations shall continue to apply in respect of a student at the Institute whose course of study—

(a)commenced prior to 1st September 2010; and

(b)continues after 31st August 2010.

(2) Regulation 22 of the 2006 Regulations continues to apply insofar as it relates to regulation 21(5).

7.  These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1stSeptember 2010 whether anything done under these Regulations is done before, on or after 1st September 2010.