Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.2(1) (defns of EEA Agreement and European Economic Area) added by Education (European Economic Area) 1993 reg.2(a)(i)
reg.2(1) (defn of refugee) rev in pt by Education (European Economic Area) 1993 reg.2(a)(ii)
reg.2(5)(5A)(5A)(b) amended by Education (European Economic Area) 1993 reg.2(b)(c)(i)(ii)
reg.2(1) (defn of EEA State) added by Education (European Community Enlargement) 1994 reg.2(a)(i)
reg.2(1) (defn of European Community) revoked by Education (European Community Enlargement) 1994 reg.2(a)(ii)
reg.2(1) (defn of European Economic Area) substituted by Education (European Community Enlargement) 1994 reg.2(a)(iii)
reg.2(5A) revoked by Education (European Community Enlargement) 1994 reg.2(b)
reg. 2 amended by Education Authority Bursaries 1988
reg. 2(5 A) amended by Education (Fees and Awards, Allowances and Bursaries) 1991
reg. 2(5A)(c) added by Education (Fees and Awards, Allowances and Bursaries) 1991
reg. 2 amended by Education Authority Bursaries 1989
reg. 2(6)(a) words substituted by Enterprise Consequential Amendments 1991 art. 15
reg. 2 amended by Education Authority Bursaries 1990

(1)

In these Regulations—

“the Act” means the Education (Scotland) Act 1980;
“bursary” means a bursary, scholarship or other allowance granted under section 49(1) or (2) of the Act;
“employment” includes the holding of any office and any occupation for gain, and “employed” shall be construed accordingly;
“European Community” means the area consisting of the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;
“national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time;
“qualification” includes authorisation, recognition, registration, enrolment, approval and certification;
“refugee” means—
1. (a)
  
  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^f1as extended by the Protocol thereto which entered into force on 4th October 1967^f2, or
2. (b)
  
  a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s Government though not so recognised;
“relevant power” means any of the powers conferred on an education authority by section 49(1) or (2) of the Act;
“vocational training establishment” means a further education establishment being a vocational school within the meaning of Article 7 of Council Regulation (EEC) No. 1612/68^f3on freedom of movement of workers within the Community.

(2)

In these Regulations any reference to a “qualifying day” in relation to a course of study means—

(a)

as respects a course starting in the autumn term of any year, 30th June in that year;

(b)

as respects a course starting in the spring term of any year, 31st October in the year preceding that year; and

(c)

as respects a course starting in the summer term of any year, the last day of February in that year.

(3)

In these Regulations any reference to a “relevant date” in relation to a course of study is—

(a)

as respects a course starting in the autumn term of any year, a reference to the earlier of 31st August in that year or the first day of that term;

(b)

as respects a course starting in the spring term of any year, a reference to the earlier of 31st December in the year preceding that year or the first day of that term; and

(c)

as respects a course starting in the summer term of any year, a reference to the earlier of 31st March in that year or the first day of that term.

(4)

In these Regulations any reference to a person being “ordinarily resident” in the area of the education authority on the qualifying day includes—

(a)

a person whom the education authority are satisfied to have been not so resident only because he, his spouse, or his parent was for the time being—

(i)

employed outside Scotland; or

(ii)

attending a course of study or undertaking postgraduate research outside Scotland; and

(b)

a person who, in accordance with regulation 9(3)(c) of the Education (Mandatory Awards) Regulations 1987^f4, is treated as ordinarily resident in the area in which the establishment providing his course is situated, if that establishment is in the area of the education authority.

(5)

In these Regulations any reference to a person being “ordinarily resident” in the British Islands or in the European Community for a period includes—

(a)

a person whom the education authority are satisfied to have been born and to have spent the greater part of his life in the British Islands or, as the case may be, the European Community, and either—

(i)

his parents or either of them have been ordinarily resident in the British Islands or, as the case may be, the European Community throughout the period of 3 years immediately preceding the relevant date (as defined in paragraph (3) above) and he himself is not an independent person; or

(ii)

whether or not he is an independent person, he has been ordinarily resident for at least one year of that period in the British Islands or, as the case may be, the European Community, provided that the education authority are also satisfied that he has not been so resident for any part of that period wholly or mainly for the purpose of receiving full-time education; and

(b)

a person whom the education authority are satisfied to have been not so resident only because he, his spouse, or his parent was for the time being—

(i)

employed outside the British Islands or, as the case may be, the European Community; or

(ii)

attending a course of study or undertaking post graduate research outside the British Islands or, as the case may be, the European Community.

(6)

In these Regulations any reference to an “independent person” means a person who prior to the relevant date (as defined in paragraph (3) above) has—

(i)

attained the age of 25 years; or

(ii)

been married for at least 3 years; or

(iii)

supported himself out of his earnings for periods aggregating not less than 3 years; or

(iv)

no parent living;

and a person will be regarded as having supported himself out of his earnings for any period or periods, for which—

(a)

he was in receipt of training in pursuance of the Manpower Services Commission’s Training programmes and schemes from time to time in operation; or

(b)

he was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975^f5; or

(c)

before 24th November 1980^f6, he was for the purposes of section 5 of the Supplementary Benefits Act 1976^f7registered for employment; or

(d)

on and after 24th November 1980 but before 18th October 1982^f8, he was for the purposes of section 5 of the said Act of 1976 available for employment and, where applicable, registered for employment; or

(e)

on and after 18th October 1982 but before 11th April 1988^f9, he was for the purposes of section 5(1) of the said Act of 1976 available for employment and, where applicable, registered for employment; or

(f)

on and after 11th April 1988, he was for the purposes of section 20(3)(d)(i) and 20(4) of the Social Security Act 1986^f10available for employment and, where applicable, also registered for employment; or

(g)

he held a Scottish Studentship or comparable award; or

(h)

he received sickness benefit, invalidity pension, maternity allowance or severe disablement allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975^f11; or

(i)

he had the care of a person under the age of 18 years who was dependent on him; and for the purposes of this definition any reference to a provision contained in the Social Security Act 1975 or Social Security Act 1986 is a reference to that provision as from time to time in force.

(7)

In these Regulations any reference to a person’s child includes a reference to a person adopted in pursuance of adoption proceedings, a stepchild, and an illegitimate child of whom the person concerned is the mother or in whose case the person has admitted paternity or has been adjudged the putative father; and “parent” shall be construed accordingly.

Annotations

Footnotes

f1: Cmnd. 9171.
f2: Cmnd. 3906. (Out of print: photocopies are available free from Awards Branch, Scottish Education Department, Haymarket House, Clifton Terrace, Edinburgh EH12).
f3: O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (II), p. 475).
f4: S.I. 1987/1261
f5: 1975 c. 14
f6: On that date Schedule 2 to the Social Security Act 1980 (c. 30), which made relevant amendments to the Supplementary Benefits Act 1976 (c. 71), came into force by virtue of S.I. 1980/729
f7: 1976 c. 71
f8: On that date section 38 of the Social Security and Housing Benefits Act 1982 (c. 24), which made relevant amendments to the Supplementary Benefits Act 1976, came into force by virtue of S.I. 1982/893
f9: On that date the relevant parts of section 20 of the Social Security Act 1986 (c. 50) came into force by virtue of S.I. 1987/1853
f10: 1986 c. 50
f11: Section 22 was substituted by the Social Security Act 1986, Schedule 4, paragraph 13; section 36 was substituted by section 11 of the Health and Social Security Act 1984 (c. 48)