# The Education Authority Bursaries and Students' Allowances (Scotland) Amendment Regulations 1997, Regulation 2: Education Authority Bursaries


The Education Authority Bursaries (Scotland) Regulations 1995 shall be amended as follows:–
(a) 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–
(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
(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;”;
(b) in paragraph 1 of Schedule 1 (persons eligible for bursaries) there shall be added at the end–
“; and
(c) is settled in the United Kingdom within the meaning of the Immigration Act 1971 on the relevant date.”;
(c) 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.”;
(d) in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”;
(e) 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
(f) in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted “, 2A(a), 2B(b), 3A(a)(iii)”.

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Source: https://www.legislation.gov.uk/uksi/1997/1049/regulation/2 (the official version)
Page: https://openlegislation.uk/education-authority-bursaries-and-students-allowances-scotland-amendment-regulations-1997/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.