The Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991

• Citation: S.I. 1991/834
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991 and shall come into force on 17th April 1991.

Section 2 The Education (Fees and Awards) (Scotland) Regulations 1983

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

(a) in Schedule 1—

(i) in paragraph 2(2)(a), for the word “territories” there shall be substituted the word “territory”;

(ii) the following shall be added at the end of paragraph 2(2)(a):—

(iii) (as regards any period prior to the unification of the Federal Republic of Germany) the German Democratic Republic; and

(iii) in paragraph 5(b), for the words from “in the European Community” to the end of that sub-paragraph, there shall be substituted the words “in the territory specified in paragraph 2(2)(a) of this Schedule,”; and

(iv) in paragraph 5, for the words from “outside the European Community” to the end of that paragraph, there shall be substituted the words “outside the said territory”;

(b) in Schedule 2—

(i) for paragraphs 2 and 3, there shall be substituted the following paragraph:—

(2) A person shall be an excepted candidate if—

(a) he is entitled to equality of treatment in relation to the payment of a maintenance award for the course in respect of which he seeks an award by virtue of Article 7 or 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers whitin the Community ; and

(b) he has been ordinarily resident throughout the period of 3 years immediately preceding the relevant date in the territory comprising —

(i) the European Community; and

(ii) as regards any period prior to the unification of the Federal Republic of Germany, the German Democratic Republic;

and he has not been resident therein during any part of that 3 year period wholly or mainly for the purpose of receiving full-time education.

(ii) in paragraph 5(2), the words from “would he” to “that relevant connection” shall be deleted and there shall be substituted therefor the following:—

fails to satisfy the criteria set out in paragraph 2(b)

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

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

(c) in Schedule 4—

(i) for paragraph 3(3)(a), there shall be substituted the following head:—

(a) he has been ordinarily resident in the territory comprising —

(i) the European Community;

(ii) (as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portuguese Republic; and

(iii) (as regards any period prior to the unification of the Federal Republic of Germany) the German Democratic Republic,

throughout the three 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 from “comprising” to “Portuguese Republic”, there shall be substituted the words “specified therein”.

Section 3 The Students' Allowances (Scotland) Regulations 1987

In regulation 2(5A) of the Students' Allowances (Scotland) Regulations 1987 , the full stop at the end shall be replaced by “, and” and there shall be added immediately thereafter the following sub-paragraph:—

(c) as regards any period prior to the unification of the Federal Republic of Germany, the German Democratic Republic.

Section 4 The Education Authority Bursaries (Scotland) Regulations 1988

In regulation 2(5A) of the Education Authority Bursaries (Scotland) Regulations 1988 , the full stop at the end shall be replaced by “, and” and there shall be added immediately thereafter the following sub-paragraph:—

(c) as regards any period prior to the unification of the Federal Republic of Germany, the German Democratic Republic.