# The Education (Student Fees and Support) (Switzerland) Regulations 2003 S.I. 2003/3280 · made 13 December 2003 These Regulations amend the regulations listed in the table below to treat Swiss migrant workers and their spouses and children on the same basis as EEA migrant workers. These amendments are consequential on 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. These Regulations also amend the regulations listed in the table below to include Switzerland in the area within which an EC national, or the child of an EC national, can meet the ordinary residence requirement. Made under: Education (Fees and Awards) Act 1983 (Section 1, Section 2); Teaching and Higher Education Act 1998 (Section 22, Section 42, Section 43) PDFs: Printed copy https://openlegislation.uk/education-student-fees-and-support-switzerland-regulations-2003/pdf/uksi_20033280_en.pdf ## Introductory text EDUCATION, ENGLAND AND WALES Made 13th December 2003 Laid before Parliament 18th December 2003 Coming into force 8th January 2004 In exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983 and sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998, the Secretary of State for Education and Skills hereby makes the following Regulations: ## 1 Citation, commencement and application (1) These Regulations may be cited as the Education (Student Fees and Support) (Switzerland) Regulations 2003 and shall come into force on 8th January 2004. (2) Subject to paragraph (3) these Regulations apply to England and Wales. (3) Insofar as the amendments made by regulation 2(4) have effect for the purposes of regulations 5, 6, 6A, 6B and 7 of the Education (Fees and Awards) Regulations 1997 they apply to England only. ## 2 Amendment of Fees and Awards Regulations (1) The Education (Fees and Awards) Regulations 1997 shall be amended as follows. (2) In regulation 2— (a) in paragraph (1) at the end of the definition of “relevant date” replace “7.” with “7; and”; (b) 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.”; (c) in paragraph (4) after “European Economic Area” insert “or Switzerland”; and (d) in paragraph (6) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”. (3) In regulation 8(2)(c) after “European Economic Area” insert “or Switzerland”. (4) In the Schedule— (a) in paragraph 6 after “EEA migrant worker” insert “and”; (b) in paragraph 6(a)— (i) after “EEA Agreement,” insert “or Article 9(3) of Annex I to the Switzerland Agreement,”, and (ii) replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”; (c) in paragraph 8(1)(a)— (i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and (ii) replace “subject of Article 12” with “subject of either of those Articles”; and (d) in paragraph 9(a) and (b) after “European Economic Area” insert “or Switzerland”. ## 3 Amendment of Disabled Postgraduate Students Regulations (1) The Education (Grants for Disabled Postgraduate Students) Regulations 2000 shall be amended as follows. (2) In regulation 2— (a) in paragraph (1) at the end of the definition of “Research Council or similar body” replace “(7).” with “(7); and”; (b) 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.”; (c) in paragraph (3) after “European Economic Area” insert in both instances “or Switzerland”; and (d) in paragraph (5) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”. (3) In the Schedule— (a) in paragraph 4 after “EEA migrant worker” insert “and”; (b) in paragraph 4(a)— (i) after “EEA Agreement” insert “or Article 9(3) of Annex I to the Switzerland Agreement”, and (ii) replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”; (c) in paragraph 6(1)(a)— (i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and (ii) replace “subject of Article 12” with “subject of either of those Articles”; and (d) in paragraph 7(b) and (c) after “European Economic Area” insert “or Switzerland”. ## 4 Amendment of Student Support (No. 2) Regulations (1) The Education (Student Support) (No. 2) Regulations 2002 shall be amended as follows. (2) In regulation 2— (a) in paragraph (1) after the definition of “support” 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;”; (b) in paragraph (3) after “European Economic Area” insert in both instances “or Switzerland”; and (c) in paragraph (5) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”. (3) In Schedule 1— (a) in paragraph 4 after “EEA migrant worker” insert “and”; (b) in paragraph 4(a)— (i) after “EEA Agreement” insert “or Article 9(3) of Annex I to the Switzerland Agreement”, and (ii) replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”; (c) in paragraph 6(1)(a)— (i) after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and (ii) replace “subject of Article 12” with “subject of either of those Articles”; and (d) in paragraph 8(b) and (c) after “European Economic Area” insert “or Switzerland”. ## Signature Alan Johnson Minister of State, Department for Education and Skills 13th December 2003 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the regulations listed in the table below to treat Swiss migrant workers and their spouses and children on the same basis as EEA migrant workers. These amendments are consequential on 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. These Regulations also amend the regulations listed in the table below to include Switzerland in the area within which an EC national, or the child of an EC national, can meet the ordinary residence requirement. Amended regulations Amendments Regulation of these Regulations Education (Fees and Awards) Regulations 1997 Regulations 2(1), (4) and (6) and 8(2)(c) and paragraphs 6, 6(a), 8(1)(a) and 9(a) and (b) of the Schedule Regulation 2 Education (Grants for Disabled Postgraduate Students) Regulations 2000 Regulation 2(1), (3) and (5) and paragraphs 4, 4(a), 6(1)(a) and 7(b) and (c) of the Schedule Regulation 3 Education (Student Support) (No. 2) Regulations 2002 Regulation 2(1), (3) and (5) and paragraphs 4, 4(a), 6(1)(a) and 8(b) and (c) of Schedule 1 Regulation 4 --- Source: https://www.legislation.gov.uk/uksi/2003/3280 (the official version) Page: https://openlegislation.uk/education-student-fees-and-support-switzerland-regulations-2003 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.