Regulation 9 Amendment of Education Maintenance Allowances Regulations

(1)

The Education Maintenance Allowances (Scotland) Regulations 2004^f1 shall be amended as follows.

(2)

In regulation 2(1)–

(a)

omit the definition of “EEA Agreement”;

(b)

in the definition of “EEA migrant worker”–

(i)

after “EEA State ” insert “or Switzerland”; and

(ii)

in sub-paragraph (a) after “Free Movement Regulation” insert “, or the Switzerland Agreement”;

(c)

for the definition of “EEA State” substitute ““EEA State” means a member State, Norway, Iceland or Liechtenstein;”;

(d)

in the definition of “European Economic Area” for “the EEA Agreement came into force in relation to them” substitute “they became EEA States”;

(e)

in the definition of “Free Movement Regulation” omit “by the EEA Agreement”;

(f)

at the end of the definition of “refugee” omit “and”; and

(g)

after that definition insert–

““Switzerland Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002; and”.

(3)

In Schedule 1–

(a)

in paragraph 2(a)–

(i)

after “Free Movement Regulation” insert “or Article 9(3) of Annex I to the Switzerland Agreement,”; and

(ii)

for “subject of Article 7(2) and (3)” substitute “subject of either of those Articles”;

(b)

in paragraph 2(b) after “European Economic Area” insert “or Switzerland”;

(c)

in paragraph 3(a) after “European Economic Area” insert “or Switzerland”;

(d)

in paragraph 4(a)–

(i)

after “Free Movement Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement,”; and

(ii)

for “subject of Article 12” substitute “subject of either of those Articles”; and

(e)

in paragraph 4(b) after “European Economic Area” insert “or Switzerland”.

(4)

In paragraph 2(1) of Schedule 2 for “either the United Kingdom and Islands or the European Economic Area” substitute “the United Kingdom and Islands, the European Economic Area or Switzerland”.

Annotations

Footnotes

f1: S.S.I. 2004/273, amended by S.S.I. 2004/301.