# The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 S.S.I. 2025/136 · made 29 April 2025 These Regulations amend the Education (Fees) (Scotland) Regulations 2022 (“the Fees Regulations”) and the Student Support (Scotland) Regulations 2022 (“the Student Support Regulations”). Made under: Education (Scotland) Act 1980 (Section 49, Section 73, Section 73B, Section 74); Education (Fees and Awards) Act 1983 (Section 1) PDFs: Printed copy https://openlegislation.uk/education-fees-and-student-support-miscellaneous-amendment-and-revocation-scotland-regulations-2025/pdf/ssi_20250136_en.pdf; Policy Note https://openlegislation.uk/education-fees-and-student-support-miscellaneous-amendment-and-revocation-scotland-regulations-2025/pdf/ssipn_20250136_en_001.pdf ## Introductory text Education Made 29th April 2025 Laid before the Scottish Parliament 1st May 2025 Coming into force 1st August 2025 The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(3), 73(f), 73B and 74(1) of the Education (Scotland) Act 1980, section 1 of the Education (Fees and Awards) Act 1983 and all other powers enabling them to do so. ## 1 Citation and commencement These Regulations may be cited as the Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 and come into force on 1 August 2025. ## 2 Amendment of the Education (Fees) (Scotland) Regulations 2022 In the Education (Fees) (Scotland) Regulations 2022, in schedule 2 (ordinary residence)— (a) for paragraph 1(2) substitute— “(2) For the purposes of regulation 3(a) and schedule 1, a student who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.”, (b) omit paragraph 3(3). ## 3 Amendment of the Student Support (Scotland) Regulations 2022 (1) The Student Support (Scotland) Regulations 2022 are amended as follows. (2) In regulation 2 (interpretation) for the definition of “loan” in paragraph (1) substitute— ““loan” means in relation to— (a) a student undertaking a course at an RUK institution, a loan towards that student’s tuition fees, (b) a student undertaking a taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a research course leading to a postgraduate masters degree, a loan towards that student’s tuition fees, (c) a student undertaking a full-time (but not a part-time) taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a full-time (but not a part-time) research course leading to a postgraduate masters degree, a loan towards that student’s maintenance, (d) a student who is a person mentioned in paragraph 2(3) (EU nationals etc. with protected rights who have been living in the UK and Islands for three years) of schedule 1 or in schedule 2, a loan towards that student’s tuition fees, (e) any other student, a loan towards that student’s maintenance, under the Act and any regulations made under the Act, including the interest accrued on the loan and any penalties or charges made in connection with it..”. (3) In paragraph 8 of schedule 1 (refugees)— (a) in the opening words after “who” insert “at the date that the Scottish Ministers received their application for student support”, (b) for sub-paragraph (a) substitute— “(a) is a refugee who has been ordinarily resident in the United Kingdom and Islands since that person was first recognised as a refugee, and is resident in Scotland on the relevant date, or”. (4) In schedule 3 (ordinary residence)— (a) for paragraph 1(2) substitute— “(2) For the purposes of schedules 1 and 2, a person who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.”, (b) in paragraph 3, omit sub-paragraphs (3) and (4). ## 4 Revocations The enactments specified in the schedule are revoked. ## Signature GRAEME DEY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th April 2025 ## Schedule: Revocations ## 1 The Education (Fees and Awards) (Scotland) Regulations 2007. ## 2 The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007. ## 3 The Education (Fees and Awards for EC Nationals and UK Returners) (Scotland) Regulations 2009. ## 4 The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009. ## 5 The Education (Fees and Awards) (Scotland) Amendment Regulations 2010. ## 6 The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012. ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Education (Fees) (Scotland) Regulations 2022 (“the Fees Regulations”) and the Student Support (Scotland) Regulations 2022 (“the Student Support Regulations”). Regulation 2 of these Regulations amends schedule 2 of the Fees Regulations to clarify that a person residing in Scotland on the relevant date as a result of having moved there for the purpose of undertaking a course of education is not to be considered as ordinarily resident in Scotland. Regulation 3 of these Regulations amends the Student Support Regulations. Regulation 3(2) makes minor alterations to the definition of “loan”. Regulation 3(3) amends the definition of “refugee” to clarify that the spouse, civil partner or child of a refugee must have that status at the date that their application for student support is received by the Scottish Ministers. Regulation 3(4) amends schedule 3 of the Student Support Regulations to clarify that a person residing in Scotland on the relevant date as a result of having moved there for the purpose of undertaking a course of education is not to be considered as ordinarily resident in Scotland. Regulation 4 and the schedule of these Regulations revoke the Education (Fees and Awards) (Scotland) Regulations 2007 and relevant amending enactments. --- Source: https://www.legislation.gov.uk/ssi/2025/136 (the official version) Page: https://openlegislation.uk/education-fees-and-student-support-miscellaneous-amendment-and-revocation-scotland-regulations-2025 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.