Regulation 2 Education Authority Bursaries

in paragraph (1) of regulation 2 (interpretation) after the definition of “EEA Agreement” there shall be inserted the following definition:–

• ““EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom–

  1. (a)

     under Council Regulation (EEC) No.1612/68^f2 on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement); or

  2. (b)

     in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation;”;

in paragraph 1 of Schedule 1 (persons eligible for bursaries) there shall be added at the end–

• “; and

  1. (c)

     is settled in the United Kingdom within the meaning of the Immigration Act 1971^f3 on the relevant date.”;

for paragraph 2 of Schedule 1 there shall be substituted the following paragraphs:–

“2

A person who is an EEA migrant worker who–

(a)

is entitled to the payment of a bursary by virtue of Article 7(2) or (3) of Council Regulation (EEC) 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole of the European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3);

(b)

has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and

(c)

(i)

is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary; or

(ii)

is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.

2A

A person who is the spouse of an EEA migrant worker and who–

(a)

has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date;

(b)

is installed in the United Kingdom with his spouse; and

(c)

(i)

is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary, or

(ii)

is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.

2B

A person who is the child of an EEA migrant worker and who–

(a)

is entitled to the payment of a bursary by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12;

(b)

has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and

(c)

(i)

is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary, or

(ii)

is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.”;

in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”;

after paragraph 3 of Schedule 1 there shall be inserted the following paragraph:–

“3A

A person who–

(a)

(i)

has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom and he has been granted leave to enter or remain accordingly;

(ii)

is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which he seeks a bursary; and

(iii)

has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date; or

(b)

is the spouse or child of a person of the kind described in sub-paragraph (a).”; and

in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted “, 2A(a), 2B(b), 3A(a)(iii)”.