The Education (European Economic Area) (Amendment) Regulations 1993

• Citation: S.I. 1993/3183
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Education (European Economic Area) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.

Section 2 Mandatory awards

Section 2(1) of the European Economic Area Act 1993 shall not have effect, in relation to the definition of “European student” in regulation 2 (definitions) of the Education (Mandatory Awards) Regulations 1993 , so as to substitute for the reference to “the European Community” a reference to “the European Economic Area”.

Section 3 Mandatory awards

The Education (Mandatory Awards) Regulations 1993 shall be amended as follows—

(a) in regulation 2 (definitions)—

(i) there shall be inserted at the appropriate places in alphabetical order the following definitions—

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

“European Economic Area” means the European Community and, subject to the conditions laid down in the EEA Agreement, the area comprised by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;

(ii) for the words “European Community”, in the definition of “relevant territory”, there shall be substituted the words “European Economic Area”; and

(b) in regulation 9(1)(a) (no area students) after the word “Community” there shall be inserted the words “as given effect by the EEA Agreement”.

Section 4 Student loans

The Schedule (conditions of eligibility) to the Education (Student Loans) Regulations 1993 shall be amended as follows—

(a) in paragraphs 1 to 4 for the words “European Community” wherever they appear there shall be substituted the words “European Economic Area”;

(b) in paragraph 2 after the word “Community” there shall be inserted the words “, as given effect by the EEA Agreement,”; and

(c) in paragraph 5 there shall be inserted at the appropriate places in alphabetical order the following definitions—

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

“European Economic Area” means the European Community and, subject to the conditions laid down in the EEA Agreement, the area comprised by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;

Section 5 Fees and awards

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

(a) in regulation 2 (interpretation), there shall be inserted at the appropriate places in alphabetical order, the following definitions—

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

“European Economic Area” means the European Community and, subject to the conditions laid down in the EEA Agreement, the area comprised by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;

(b) in Schedule 2 (fees excepted students)—

(i) in paragraph 2(2)(a)(i) for the words “European Community” there shall be substituted the words “European Economic Area”,

(ii) in paragraph 5 for the words “European Community” in the second and third places where they occur there shall be substituted the words “European Economic Area”, and

(iii) there shall be inserted a new paragraph—

(7) A person shall be an excepted student if he is a person to whom Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No.1612/68 on freedom of movement for workers within the Community , as given effect by the EEA Agreement, applies and either—

(a) he has, throughout the 3 year period referred to in Regulation 6(a), been ordinarily resident within the territories comprising—

(i) the European Economic Area; and

(ii) (as respects any period prior to the unification of the Federal Republic of Germany) the former German Democratic Republic; or

(b) if he was not so ordinarily resident throughout that 3 year period it is only because he, his spouse, or his parent was temporarily employed elsewhere.

(c) in Schedule 3 (maintenance awards excepted candidates)—

(i) for the words “European Community” wherever they appear there shall be substituted the words “European Economic Area”, and

(ii) in paragraph 3(a) after the words in brackets occurring after the word “Community”, there shall be inserted the words “as given effect by the EEA Agreement”; and

(d) in paragraphs 3(3)(a) and 5 of Schedule 4 (fees awards excepted candidates) there shall be substituted for the words “European Community” the words “European Economic Area”.