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The Education (European Community Enlargement) (Scotland) Regulations 1994

S.I. 1994/3148 · Made 7 December 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, SCOTLAND

Made 7th December 1994

Laid before Parliament 9th December 1994

Coming into force 1st January 1995

The Secretary of State, in exercise of the powers conferred on him by sections 49(3), 73(f) and 74(1) of the Education (Scotland) Act 1980f1 and sections 1 and 2 of the Education (Fees and Awards) Act 1983f2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1980 c. 44; section 74(1) was amended by paragraph 8(17) of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39).

f2

1983 c. 40; section 1 was amended by paragraph 91 of Schedule 12 to the Education Reform Act 1988 (c. 40), by paragraph 8 of Schedule 9 to the Further and Higher Education (Scotland) Act 1992 (c. 37) and by paragraph 19 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13).

Contents

  1. 1Citation and commencement
  2. 2Education Authority Bursaries
  3. 3Students' Allowances
  4. 4Fees and Awards
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations made be cited as the Education (European Community Enlargement) (Scotland) Regulations 1994 and shall come into force on 1st January 1995.

2Education Authority Bursaries

The Education Authority Bursaries (Scotland) Regulations 1988f1 shall be amended as follows:—

(a)

in regulation 2(1)—

(i)

there shall be inserted after the definition of “EEA Agreement” the following definition:—

  • ““EEA State” means a state which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include Liechtenstein;”;

(ii)

the definition of “European Community” shall be deleted; and

(iii)

for the definition of “European Economic Area” there shall be substituted—

  • ““European Economic Area” means the area of the EEA States, and includes—

    1. (a)

      those States at any time before the EEA Agreement came into force in relation to them; and

    2. (b)

      as regards any time prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;”;

(b)

regulation 2(5A) shall be deleted; and

(c)

in regulation 5(b)(i), for the words “as given effect by the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”.

3Students' Allowances

The Students' Allowances (Scotland) Regulations 1991f1 shall be amended as follows:—

(a)

in regulation 2(1)—

(i)

there shall be inserted after the definition of “EEA Agreement” the following definition:—

  • ““EEA State” means a state which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include Liechtenstein;”;

(ii)

the definition of “European Community” shall be deleted;

(iii)

for the definition of “European Economic Area” there shall be substituted—

  • ““European Economic Area” means the area of the EEA States, and includes—

    1. (a)

      those States at any time before the EEA Agreement came into force in relation to them; and

    2. (b)

      as regards any time prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;”; and

(b)

in Schedule 1, in paragraph 2(a) for the words “as given effect by the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”.

4Fees and Awards

The Education (Fees and Awards) (Scotland) Regulations 1983f1 shall be amended as follows:—

(a)

in regulation 2(1)—

(i)

there shall be inserted after the definition of “EEA Agreement” the following definition:—

  • ““EEA State” means a state which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include Liechtenstein;”;

(ii)

the definition of “European Community” shall be deleted; and

(iii)

for the definition of “European Economic Area” there shall be substituted—

  • ““European Economic Area” means the area of the EEA States, and includes—

    1. (a)

      those States at any time before the EEA Agreement came into force in relation to them; and

    2. (b)

      as regards any time prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;”;

(b)

In Schedule 1—

(i)

for paragraph 2(2)(a) there shall be substituted—

“(a)

he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area; and”;

(ii)

in paragraph 5, for the words “territory specified in paragraph 2(2)(a) of this Schedule” and “said territory” there shall be substituted in each case “European Economic Area”;

(iii)

in paragraph 7, for the words “by virtue of the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”; and

(iv)

for paragraph 7(a) there shall be substituted—

“(a)

he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area; or”;

(c)

in Schedule 2—

(i)

in paragraph 2(a), for the words “as given effect by the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”;

(ii)

for paragraph 2(b) there shall be substituted—

“(b)

he has been ordinarily resident throughout the period of 3 years immediately preceding the relevant date in the European Economic Area;”;

(iii)

in paragraph 5(2)(i), for the words “territory specified in that sub-paragraph” there shall be substituted “European Economic Area”; and

(iv)

in paragraph 5(2)(ii), for the words “that territory” there shall be substituted “the European Economic Area”; and

(d)

in Schedule 4f2—

(i)

for paragraph 3(3)(a) there shall be substituted—

“(a)

he has been ordinarily resident in the European Economic Area throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of his intended course; and”;

(ii)

in paragraph 5, for the words “the territory specified therein” and “that territory” (occurring twice) there shall be substituted in each case “the European Economic Area”;

(iii)

in paragraph 6, for the words “by virtue of the EEA Agreement” there shall be substituted “(which was extended to apply to the whole European Economic Area by the EEA Agreement)”; and

(iv)

for paragraph 6(a) there shall be substituted—

“(a)

he has throughout the 3 year period referred to in Regulation 6(a) been ordinarily resident within the European Economic Area; or”.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

7th December 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Education Authority Bursaries (Scotland) Regulations 1988 as amended, the Students Allowances (Scotland) Regulations 1991 as amended and the Education (Fees and Awards) (Scotland) Regulations 1983 as amended to reflect the fact that certain of the Contracting Parties to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cmnd. 2073) as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cmnd. 2183) will have joined the European Community as at 1st January 1995 while remaining party to that Agreement. In each set of Regulations a previous definition of “European Economic Area” as comprising the European Community and certain specified non-European Community Contracting Parties to the Agreement is replaced with a definition which covers all the Contracting Parties to the Agreement, whether members of the European Community or not. A person’s connections with the European Economic Area are relevant to the provisions of those sets of Regulations regarding eligibility for student support and liability to fees.

The states that will have joined the European Community are Austria, Finland and Sweden. The European Economic Area will then comprise all European Community States plus Iceland, Norway and Switzerland.

The other amendments are all technical or consequential. No change of substance is made.