The Education (Student Fees, Awards and Support) (Amendment) Regulations 2007

• Citation: S.I. 2007/1336
• Sections: 37

Section 1 Citation, commencement, application and interpretation

These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) Regulations 2007 and come into force on 1st June 2007.

Section 2 Citation, commencement, application and interpretation

Regulation 4 and Part 2 apply in relation to England only .

Section 3 Citation, commencement, application and interpretation

In these regulations—

“ 1997 Regulations ” means the Education (Fees and Awards) Regulations 1997 ;

“ European Institutions Regulations ” means the Education (Student Support) (European Institutions) ( No. 2) Regulations 2006 ;

“ SSR 2006 ” means the Education (Student Support) Regulations 2006 ;

“ SSR 2007 ” means the Education (Student Support) Regulations 2007 ;

“ Student Fees Regulations ” means the Student Fees (Qualifying Courses and Persons) Regulations 2006 .

Section 4 Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 2007

The 1997 Regulations are amended in accordance with Part 2.

Section 5 Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 2007

The SSR 2006 are amended in accordance with Part 3.

Section 6 Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 2007

The European Institutions Regulations are amended in accordance with Part 4.

Section 7 Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 2007

The Student Fees Regulations are amended in accordance with Part 5.

Section 8 Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 2007

The SSR 2007 are amended in accordance with Part 6

Section 9 Amendment of regulation 2 of the 1997 Regulations

In regulation 2 of the 1997 Regulations—

(a) after the definition of “Swiss self-employed person” in paragraph (1A), insert—

“Turkish worker” means a Turkish national who—

is ordinarily resident in the United Kingdom; and

is, or has been, lawfully employed in the United Kingdom;

(b) for paragraph (4B), substitute—

(4B) A person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(i) he;

(ii) his spouse or civil partner;

(iii) his parent; or

(iv) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(4C) For the purposes of paragraph (4B), temporary employment outside England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(c) for paragraph (5B), substitute—

(5B) For the purposes of regulations 6, 6A, 6B and 7 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,

was temporarily receiving full-time education outside the area in question.

Section 10 Amendment of the Schedule to the 1997 Regulations

After paragraph 6(10) of the Schedule to the 1997 Regulations, insert—

(11) A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Section 11 Amendment of regulation 2 of the SSR 2006

After the definition of “transitional award” in regulation 2(1) of the SSR 2006, insert—

“Turkish worker” means a Turkish national who—

is ordinarily resident in the United Kingdom and Islands; and

is, or has been, lawfully employed in the United Kingdom;

Section 12 Amendment of regulation 9 of the SSR 2006

After regulation 9(2)(c) of the SSR 2006, insert—

(ca) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Secretary of State by 3rd March 2008 or within a period of nine months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;

Section 13 Amendment of regulation 14 of the SSR 2006

After regulation 14(e) of the SSR 2006, insert—

(ea) the student becomes the child of a Turkish worker;

Section 14 Amendment of regulation 37 of the SSR 2006

After regulation 37(8)(d) of the SSR 2006, insert—

(da) the student becomes the child of a Turkish worker;

Section 15 Amendment of regulation 60 of the SSR 2006

In regulation 60 for “an accelerated course” in each place it occurs, substitute “an intensive course”.

Section 16 Amendment of regulation 64 of the SSR 2006

After regulation 64(2)(d) of the SSR 2006, insert—

(da) the student becomes the child of a Turkish worker;

Section 17 Amendment of regulation 84 of the SSR 2006

In regulation 84 of the SSR 2006—

(a) in paragraph (12) after “(f)”, insert “, (fa)”;

(b) after paragraph 13(f), insert—

(fa) the student becomes the child of a Turkish worker,

Section 18 Amendment of regulation 92 of the SSR 2006

After regulation 92(6)(a) of the SSR 2006, insert—

(aa) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Secretary of State by 1st December 2007 or within a period of six months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;

Section 19 Amendment of regulation 100 of the SSR 2006

After regulation 100(14)(d) of the SSR 2006, insert—

(da) the student becomes the child of a Turkish worker;

Section 20 Amendment of Schedule 1 to the SSR 2006

In Schedule 1 to the SSR 2006—

(a) for paragraph 1(4), substitute—

(4) For the purposes of this Schedule, a person is to be treated as ordinarily resident in England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(b) for paragraph 1(5), substitute—

(5) For the purposes of sub-paragraph (4), temporary employment outside of England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(c) after paragraph 11, insert—

Children of Turkish workers

(12) A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in England on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Section 21 Amendment of Schedule 3A to the SSR 2006

After paragraph 11(d) of Schedule 3A to the SSR 2006, insert—

(da) the student becomes the child of a Turkish worker;

Section 22 Amendment of regulation 3 of the European Institutions Regulations

After the definition of “supplementary grants” in regulation 3 of the European Institutions Regulations, insert—

“Turkish worker” means a Turkish national who on the relevant date—

was ordinarily resident in the United Kingdom and Islands; and

was, or had been, lawfully employed in the United Kingdom.

Section 23 Amendment of regulation 8 of the European Institutions Regulations

In regulation 8 of the European Institutions Regulations—

(a) in paragraph (3) for “paragraph (4)”, substitute “paragraphs (3A) and (4)”;

(b) after paragraph (3), insert—

(3A) Subject to paragraph (4) where the applicant is the child of a Turkish worker, the application deadline is—

(a) 2nd July 2007, in the case of the Bologna Center;

(b) 15th June 2007, in the case of the College of Europe; and

(c) 1st July 2007, in the case of the European University Institute.

Section 24 Amendment of regulation 9 of the European Institutions Regulations

In regulation 9 of the European Institution Regulations—

(a) in paragraph (8) at the beginning, insert “subject to paragraph (8A),”;

(b) after paragraph (8), insert—

(8A) The maximum number of eligible students specified for a European Institution in sub-paragraph (8) may be exceeded if, in the Secretary of State’s opinion, it is necessary to do so to allow a person falling within paragraph 12 of Part 2 of Schedule 1 to qualify for support for a relevant academic year.

(8B) For the purposes of sub-paragraph (8A), “relevant academic year” means an academic year beginning on or after 1st September 2007 but on or before 31st August 2008.

(c) for paragraph (17), substitute—

(17) The deadline for receipt of financial information is—

(a) where the eligible student falls within paragraph 12 of Part 2 of Schedule 1, 1st January 2008 or, in the case of grants payable under regulations 19(7) or 21(6), 1st August 2008;

(b) in any other case, 31st July 2007 or, in the case of grants payable under regulations 19(7) or 21(6), 28th February 2008.

Section 25 Amendment of Schedule 1 to the European Institutions Regulations

In Schedule 1 to the European Institutions Regulations—

(a) for paragraph 1(7), substitute—

(7) For the purposes of this Schedule, a person is to be treated as ordinarily resident in England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(b) for paragraph 1(8), substitute—

(8) For the purposes of sub-paragraph (7), temporary employment outside of England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(c) after paragraph 11, insert—

Children of Turkish workers

(12) A person who—

(a) on the relevant date, was the child of a Turkish worker;

(b) was ordinarily resident in England on the relevant date; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Section 26 Amendment of regulation 2 of the Student Fees Regulations

For the definition of “Student Support Regulations” in regulation 2 of the Student Fees Regulations, substitute—

“ Student Support Regulations ” means the Education (Student Support) Regulations 2006, as amended by the Education (Student Support) (Amendment) Regulations 2006, the Education (Student Support) (Amendment) (No. 2) Regulations 2006, the Education (Student Support) Regulations 2007 and the Education (Student Fees, Awards and Student Support) (Amendment) Regulations 2007

Section 27 Amendment of regulation 2 of the SSR 2007

After the definition of “transitional award” in regulation 2(1) of the SSR 2007, insert—

“Turkish worker” means a Turkish national who—

is ordinarily resident in the United Kingdom and Islands; and

is, or has been, lawfully employed in the United Kingdom;

Section 28 Amendment of regulation 10 of the SSR 2007

After regulation 10(2)(c) of the SSR 2007, insert—

(ca) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 2, in which case the application must reach the Secretary of State by 3rd March 2008 or within a period of nine months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;

Section 29 Amendment of regulation 16 of the SSR 2007

After regulation 16(e) of the SSR 2007, insert—

(ea) the student becomes the child of a Turkish worker;

Section 30 Amendment of regulation 38 of the SSR 2007

After regulation 38(8)(d) of the SSR 2007, insert—

(da) the student becomes the child of a Turkish worker;

Section 31 Amendment of regulation 72 of the SSR 2007

After regulation 72(2)(d) of the SSR 2007, insert—

(da) the student becomes the child of a Turkish worker;

Section 32 Amendment of regulation 83 of the SSR 2007

After regulation 83(2)(d) of the SSR 2007, insert—

(da) the student becomes the child of a Turkish worker;

Section 33 Amendment of regulation 111 of the SSR 2007

After regulation 111(3)(f) of the SSR 2007, insert—

(fa) the student becomes the child of a Turkish worker,

Section 34 Amendment of regulation 119 of the SSR 2007

After regulation 119(6)(a) of the SSR 2007, insert—

(aa) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Secretary of State by 1st December 2007 or within a period of six months beginning with the first day of the academic year in respect of which it is submitted, whichever is the later;

Section 35 Amendment of regulation 128 of the SSR 2007

After regulation 128(2)(d) of the SSR 2007, insert—

(da) the student becomes the child of a Turkish worker;

Section 36 Amendment of regulation 130 of the SSR 2007

For regulation 130(9) of the SSR 2007, substitute—

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible postgraduate student completes the designated postgraduate course; and

(b) otherwise than under paragraph (5),

the Secretary of State may, at any time, renew or extend the period of eligibility for such period as he determines.

Section 37 Amendment of Schedule 2 to the SSR 2007

In Schedule 2 to the SSR 2007—

(a) for paragraph 1(4), substitute—

(4) For the purposes of this Schedule, a person is to be treated as ordinarily resident in England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(b) for paragraph 1(5), substitute—

(5) For the purposes of sub-paragraph (4), temporary employment outside of England, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(c) after paragraph 11, insert—

Children of Turkish workers

(12) A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in England on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.