Regulation 33 Amendment of the Education (Fees) (Scotland) Regulations 2011

(1)

Schedule 1 (fees – excepted students) is amended as follows.

(2)

In paragraph 2(a)(ii) for “Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers” substitute “Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union”.

(3)

In paragraph 10—

(a)

in sub-paragraph (1) for paragraph (a) substitute—

“(a)
is, on the relevant date—

(i)
an EU national; or

(ii)
the family member of an EU national accompanying or joining that EU national in the United Kingdom;”; and

(b)

in sub-paragraph (3) for paragraph (b) substitute—

“(b)
a United Kingdom national has utilised a right of residence if that person has—

(i)
exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii)
resided in a state—
(aa)
within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and

(bb)
of which that person is a national,

in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.”.