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

• Citation: S.I. 1993/3184
• Sections: 4

Section 1 Citation and Commencement

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

Section 2 Education Authority Bursaries

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

(a) in regulation 2(1)–

(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 thereto 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) in the definition of the word “refugee” the letter “(a)” and the words from the words “, or (b)” to the end of the definition shall be deleted;

(b) in regulation 2(5) there shall be substituted for the word “Community” wherever it occurs the words “Economic Area”;

(c) in regulation 2(5A) –

(i) for the words “European Community” there shall be substituted the words “European Economic Area”; and

(ii) in paragraph (b) for the word “that” there shall be substituted the words “the European”;

(d) in regulation 5–

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

(ii) in paragraph (b)(ii) there shall be substituted for the word “Community” the words “Economic Area”;

(iii) in paragraph (d) the words “or was awarded asylum” shall be deleted; and

(iv) in paragraph (e)(ii) there shall be substituted for the word “Community” the words “Economic Area”.

Section 3 Students' Allowances

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

(a) in regulation 2(1)–

(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 thereto 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) in the definition of the word “refugee” the letter “(a)” and the words from the word “or” to the end of the definition shall be deleted;

(b) in Schedule 1–

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

(ii) in paragraph 2(b) there shall be substituted for the word “Community” the words “Economic Area”;

(iii) in paragraph 3(a)(i) the words “or was awarded asylum” shall be deleted; and

(iv) in paragraph 4(b) there shall be substituted for the word “Community” the words “Economic Area”;

(c) in Schedule 2 in paragraph 2(1) there shall be substituted for the word “Community” the words “Economic Area”.

Section 4 Fees and Awards

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

(a) in regulation 2(1) 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 thereto 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 1–

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

(ii) in paragraph 2(2)(a)(ii) for the word “that” there shall be substituted the words “the European”; and

(iii) there shall be inserted at the end the following 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 applies by virtue of the EEA Agreement, and either–

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

(i) the European Economic Area; and

(ii) (as regards any period prior to the unification of t he Federal Republic of Germany) the former German Democratic Republic, or

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

(c) in Schedule 2–

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

(ii) in paragraph 2(b)(i) there shall be substituted for the word “Community” the words “Economic Area”;

(d) in Schedule 3 there shall be substituted in paragraph 2(1) paragraph 3(1) and paragraph 5(2) for the word “Community” wherever it occurs the words “Economic Area”;

(e) in Schedule 4 –

(i) in paragraph 3(3)(a)(i) there shall be substituted for the word “Community” the words “Economic Area”;

(ii) in paragraph 3(3)(a)(ii) there shall be substituted for the word “that” the words “the European”; and

(iii) there shall be inserted at the end the following paragraph:–

(6) A person shall be an excepted candidate 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 within the Community applies by virtue of the EEA Agreement, and either–

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

(i) the European Economic Area; and

(ii) (as regards 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 there throughout that 3 year period it is only because he, his spouse or his parent was temporarily employed elsewhere.