Regulation 2 Interpretation

In these Regulations–

• “the Act” means the Education (Scotland) Act 1980;

• “course of education” means a full-time–

  1. (a)

     course of school education;

  2. (b)

     course of non-advanced education undertaken at a home within an area of an education authority and approved by that education authority; or

  3. (c)

     course of non-advanced education undertaken elsewhere within an area of an education authority under the supervision of that education authority;

• “course of non-advanced education” means any course which prepares a person to a standard not higher than that required for–

  1. (a)

     a qualification awarded by the Scottish Qualifications Authority; or

  2. (b)

     a General Certificate of Education qualification of England and Wales or Northern Ireland;

• “education maintenance allowance” means an allowance paid or to be paid under these Regulations;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992^f1 as adjusted by the Protocol thereto signed at Brussels on 17th March 1993^f2;

• “EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom–

  1. (a)

     under the Free Movement Regulation; or

  2. (b)

     in circumstances where as a national of the United Kingdom he or she has an enforceable Community right to be treated no less favourably than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation;

• “EEA State” means a state which is a Contracting Party to the EEA Agreement;

• “employment” shall include the holding of any office and any occupation for gain and “employed” shall be construed accordingly;

• “European Economic Area” means the area of the EEA States, and includes those States at any time before the EEA Agreement came into force in relation to them;

• “Free Movement Regulation” means Council Regulation (EEC) No. 1612/68^f3 on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement);

• “Islands” means the Channel Islands and the Isle of Man;

• “parent” is to be construed in accordance with the definition below of person’s child;

• “person’s child” includes a reference to a person adopted in pursuance of adoption proceedings, a stepchild, and a child in whose case the person concerned has admitted paternity or has been adjudged the putative father;

• “qualifying date” means the first day of the term of the course of education for which an education maintenance allowance is sought;

• “refugee” means 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^f4 as extended by the Protocol thereto which entered into force on 4th October 1967^f5; and

• “temporary protection” has the meaning defined in Council Directive 2001/55/EC^f6 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

In these Regulations, except where the context otherwise requires, any reference–