{
  "url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-1997/note",
  "json_url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-1997/note.json",
  "legislation": "uksi/1997/93",
  "legislation_title": "The Education (Fees and Awards) (Scotland) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-1997",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations, which come into force on 17th February 1997, consolidate the Regulations revoked by regulation 14, with some modifications. In particular, they introduce an amendment to confer on the spouse of an EEA migrant worker (defined in regulation 2) the right to pay “home rate” as opposed to higher “overseas rate” fees at institutions referred to in Part II of the Regulations. They also prohibit rules of eligibility for certain awards referred to in Parts III and IV from excluding such spouses from eligibility.\nThe Regulations provide that, subject to specified exceptions, in the cases mentioned below it shall be lawful to differentiate between students with, and those without, a specified connection with the United Kingdom, including the Channel Islands and the Isle of Man, or with a particular part of the United Kingdom either as respects fees charged or in rules of eligibility for awards. Nothing in the Regulations is to be construed as rendering unlawful anything done which would have been lawful had the Regulations not been made (regulation 3).\nPart II relates to tuition and certain other fees (“relevant fees”) in respect of courses provided by higher education institutions, central institutions and further education establishments (regulations 4 and 5). Students who have not been ordinarily resident in the United Kingdom and Islands for three years or who have been so resident but at any time during the three year period have been resident wholly or mainly for the purpose of receiving full-time education may be charged higher relevant fees unless they are “excepted students”. “Excepted students” for the purpose of Part II include nationals of member states of the European Community with a corresponding connection with the European Economic Area, refugees and EEA migrant workers (regulations 6 and 7 and Schedule 1).\nPart III deals with rules of eligibility for post-graduate agricultural studentships (regulation 8) and makes provision similar to that for Part II except that, firstly, the required connection is with Scotland instead of the United Kingdom and Islands and secondly, the candidate must be a British or Commonwealth citizen (regulations 9 and 10). Schedules 2 and 3 provide for exceptions in relation to maintenance and fee awards for “excepted candidates”. Such candidates include the children and spouses of EEA migrant workers. If the maker of the award so determines, they also include refugees and candidates who do not have the relevant connection with Scotland only because they, their spouses or their parents were temporarily employed elsewhere or they or their spouses were temporarily receiving full-time education elsewhere. In relation to fee awards “excepted candidates” also include nationals of member states of the European Community and the children of such nationals who have a relevant connection with the European Economic Area.\nPart IV relates to the rules of eligibility for scholarships tenable at Newbattle Abbey College, Dalkeith (regulation 11) and makes provision similar to that for Part III except that the required connection is with England instead of the United Kingdom and Islands (regulations 12 and 13) and the candidate need not be a British or Commonwealth citizen. Schedules 2 and 3 apply to provide the exceptions noted in the preceding paragraph in relation to maintenance and fee awards for “excepted candidates”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/93/note",
    "retrieved_at": "2026-10-29T12:27:33.625902+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."
}