{
  "url": "https://openlegislation.uk/education-authority-bursaries-and-students-allowances-scotland-amendment-regulations-1997/regulation-2",
  "json_url": "https://openlegislation.uk/education-authority-bursaries-and-students-allowances-scotland-amendment-regulations-1997/regulation-2.json",
  "legislation": "uksi/1997/1049",
  "legislation_title": "The Education Authority Bursaries and Students' Allowances (Scotland) Amendment Regulations 1997",
  "legislation_url": "https://openlegislation.uk/education-authority-bursaries-and-students-allowances-scotland-amendment-regulations-1997",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Education Authority Bursaries",
  "text": "The Education Authority Bursaries (Scotland) Regulations 1995 shall be amended as follows:–\n(a) in paragraph (1) of regulation 2 (interpretation) after the definition of “EEA Agreement” there shall be inserted the following definition:–\n““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–\n(a) under Council Regulation (EEC) No.1612/68 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\n(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;”;\n(b) in paragraph 1 of Schedule 1 (persons eligible for bursaries) there shall be added at the end–\n“; and\n(c) is settled in the United Kingdom within the meaning of the Immigration Act 1971 on the relevant date.”;\n(c) for paragraph 2 of Schedule 1 there shall be substituted the following paragraphs:–\n“2 A person who is an EEA migrant worker who–\n(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);\n(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and\n(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\n(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.\n2A A person who is the spouse of an EEA migrant worker and who–\n(a) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date;\n(b) is installed in the United Kingdom with his spouse; and\n(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\n(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.\n2B A person who is the child of an EEA migrant worker and who–\n(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;\n(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and\n(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\n(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.”;\n(d) in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”;\n(e) after paragraph 3 of Schedule 1 there shall be inserted the following paragraph:–\n“3A A person who–\n(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;\n(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\n(iii) has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date; or\n(b) is the spouse or child of a person of the kind described in sub-paragraph (a).”; and\n(f) in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted “, 2A(a), 2B(b), 3A(a)(iii)”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1995/1739."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "O.J. No.L257, 19.10.68, p.2 (OJ/SE 1968 (II), p.475), amended by Council Regulation (EEC) No.2434/92 (O.J. No.L245, 26.8.92, p.1)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule and the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1049/regulation/2",
    "retrieved_at": "2026-10-29T12:09:55.827548+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}