The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020

• Citation: S.I. 2020/1181
• Sections: 34

Section 1 Citation and Commencement

(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020.

(2) This regulation and regulation 2 come into force immediately before IP completion day.

(3) The remainder of these Regulations come into force on IP completion day.

Section 2 Revocation of the Education (Student Fees, Awards and Support) (Amendment) (EU Exit) Regulations 2019

The Education (Student Fees, Awards and Support) (Amendment) (EU Exit) Regulations 2019 are revoked.

Section 3 Amendment of the Education (Student Support) Regulations 2011

The Education (Student Support) Regulations 2011 are amended as follows.

Section 4 Amendment of regulation 2

In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.

Section 5 Amendment of regulation 17

In regulation 17 (events)—

(a) in paragraph (d), after “EU national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 1 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”;

(b) for paragraph (e), substitute—

(e) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

Section 6 Amendment of regulation 42

In regulation 42(1)(ge) (interpretation of chapter 4)—

(a) in paragraph (ii), for “another Member State”, substitute “a Member State”;

(b) for paragraph (iii), substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,

(c) for “except than”, substitute “except that”.

Section 7 Amendment of regulation 85

For regulation 85(2)(d) (students becoming eligible in the course of an academic year), substitute—

(d) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

Section 8 Amendment of regulation 138

In regulation 138(4) (students becoming eligible for support under Part 11A during the course of the academic year)—

(a) in sub-paragraph (d) after “EU national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 1 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”;

(b) for sub-paragraph (f), substitute—

(f) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

Section 9 Amendment of regulation 138A

For regulation 138A(2)(d) (students becoming eligible for support under Part 11B in the course of an academic year), substitute—

(d) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

Section 10 Amendment of regulation 160

For regulation 160(2)(d) (students becoming eligible in the course of an academic year), substitute—

(d) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

Section 11 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” each time it occurs;

(ii) at the appropriate place, insert the following definitions—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(iii) in the definition of “Swiss frontier self-employed person”, omit “, other than the United Kingdom,”;

(b) in sub-paragraphs (4) and (5), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs;

(c) in sub-paragraph (6), after “an area”, insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3(1) (persons who are settled in the United Kingdom)—

(i) for paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(ii) in paragraph (d), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(d) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence”, insert “before IP completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right”, substitute “had the right” each time it occurs;

(bb) for “goes”, substitute “has gone”;

(iv) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 9 (EU nationals)—

(i) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(ii) after sub-paragraph (3), insert—

(4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(f) in paragraph 10 (EU nationals)—

(i) in sub-paragraphs (1)(a) and (2) , omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(g) in paragraph 10A (EU nationals)—

(i) in sub-paragraphs (1)(a) and (2), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(h) in paragraph 11 (children of Swiss nationals)—

(i) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(ii) in sub-paragraph (1)(c) and (d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(i) in paragraph 12(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.

Section 12 Amendment of Schedule 4

(1) Schedule 4 (financial assessment) is amended as follows.

(2) In paragraph 1(1)(o) (definitions)—

(a) in sub-paragraph (ii), for “another Member State”, substitute “a Member State”;

(b) for sub-paragraph (iii), substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),

(c) for “except than”, substitute “except that”.

(3) In paragraph 2(1)(g) (independent eligible student), after “residing outside”, insert “the United Kingdom, Gibraltar and”.

(4) In the following paragraphs, for “another Member State”, substitute “a Member State”—

(a) paragraph 4(1)(b) (calculation of eligible student’s residual income);

(b) paragraph 5 (calculation of parent’s residual income)—

(i) sub-paragraph (2)(a);

(ii) sub-paragraph (7) each time it occurs;

(iii) sub-paragraph (8);

(c) paragraph 7 (calculation of parent’s partner’s residual income)—

(i) sub-paragraph (1)(a);

(ii) sub-paragraph (7) each time it occurs;

(iii) sub-paragraph (8).

Section 13 Amendment of Schedule 6

(1) Schedule 6 (assessment of eligible part-time student’s household income) is amended as follows.

(2) In paragraph 1(1)(l) (definitions)—

(a) in sub-paragraph (ii), for “another Member State”, substitute “a Member State”;

(b) for sub-paragraph (iii), substitute—

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),

(c) for “except than”, substitute “except that”.

(3) In paragraph 2(1)(g) (independent eligible part-time student), after “residing outside”, insert “the United Kingdom, Gibraltar and”.

(4) In the following paragraphs, for “another Member State”, substitute “a Member State”—

(a) paragraph 4(1)(b) (calculation of eligible part-time student’s residual income);

(b) paragraph 5 (calculation of parent’s residual income)—

(i) sub-paragraph (1)(a);

(ii) sub-paragraph (6) each time it occurs;

(iii) sub-paragraph (7);

(c) paragraph 7 (calculation of parent’s partner’s residual income)—

(i) sub-paragraph (1)(a);

(ii) sub-paragraph (7) each time it occurs;

(iii) sub-paragraph (8).

Section 14 Amendment of the Education (Fees and Awards) (England) Regulations 2007

The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.

Section 15 Amendment of regulation 2

In regulation 2 (interpretation)—

(a) in paragraph (1) , in the definition of “overseas territories”, after “French Southern and Antarctic Territories;”, insert “Gibraltar;”;

(b) in paragraph (4) —

(i) for “the territory comprising the European Economic Area and Switzerland”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

(c) in paragraph (5), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs;

(d) in paragraph (6)—

(i) for “the territory comprising the European Economic Area and Switzerland”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland and Turkey”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey”;

(e) in paragraph (7) , after “an area”, insert “other than the United Kingdom or Gibraltar”.

Section 16 Amendment of Schedule 1

(1) Schedule 1 is amended as follows.

(2) In paragraph 1 —

(a) omit the definition of “European Union national”;

(b) omit “other than the United Kingdom” each time it occurs;

(c) after the definition of “Directive 2004/38”, insert—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(d) after the definition of “employed person”, insert—

“ EU national ” means a national of a Member State of the European Union;

(e) in the definition of “family member”, for “EC national”, substitute “EU national” each time it occurs;

(f) after the definition of “refugee”, insert—

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

(g) for the definition of “right of permanent residence”, substitute—

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

(h) after the definition of “Swiss Agreement”, insert—

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(3) In paragraph 3 (persons who are settled in the United Kingdom)—

(a) for sub-paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom by reason of having acquired the right of permanent residence on the first day of an academic year of the course; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(b) in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom,”.

(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom,”.

(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(a) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(b) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;

(c) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)—

(i) in paragraph (b), after “right of residence”, insert “before IP completion day”;

(ii) in paragraph (d) , after “the territory comprising”, insert “the United Kingdom,”;

(iii) in paragraph (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(b) in sub-paragraph (2)—

(i) for “has a right”, substitute “had the right” each time it occurs;

(ii) for “goes”, substitute “has gone”;

(c) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(7) In paragraph 9 (EC nationals)—

(a) in the heading, for “EC nationals”, substitute “EU nationals”;

(b) in sub-paragraph (1)—

(i) in paragraph (a)(i), for “EC national”, substitute “EU national”;

(ii) in paragraph (c), after “the territory comprising”, insert “the United Kingdom,”;

(c) for sub-paragraph (1A), substitute—

(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii) an EU national; and

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

(d) after sub-paragraph (2), insert—

(3) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

(8) In paragraph 10 (EC nationals)—

(a) in sub-paragraphs (1)(a) and (2), for “a European Union national other than a United Kingdom national”, substitute “an EU national”;

(b) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”.

(9) In paragraph 11 (children of Swiss nationals)—

(a) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(b) in sub-paragraph (1)(c) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;

(c) in sub-paragraph (1)(d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(d) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

(10) In paragraph 12(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”.

Section 17 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010 are amended as follows.

Section 18 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1—

(a) in sub-paragraph (1) —

(i) in the definition of “EEA Agreement”, for “modified from time to time”, substitute “it had effect immediately before IP completion day”;

(ii) after the definition of “EEA Agreement”, insert—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(iii) in the definition of “EEA national”, omit “other than the United Kingdom”;

(iv) after the definition of “Member State”, insert—

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

(v) for the definition of “right of permanent residence”, substitute—

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

(vi) after the definition of “Swiss Agreement”, insert—

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(b) in the following sub-paragraphs, omit “other than the United Kingdom”—

(i) sub-paragraph (2)(b);

(ii) sub-paragraph (3)(b);

(iii) sub-paragraph (4)(b);

(iv) sub-paragraph (5)(b);

(c) in sub-paragraphs (7) and (8) after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs.

(3) In Part 2 (categories)—

(a) in paragraph 3 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom on the relevant date by reason of having acquired the right of permanent residence; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(ii) in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(d) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence”, insert “before IP completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right”, substitute “had the right” each time it occurs;

(bb) for “goes”, substitute “has gone”;

(iv) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 9 (EU nationals)—

(i) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(ii) after sub-paragraph (2), insert—

(3) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(f) in paragraph 10(1) (EU nationals)—

(i) in paragraph (a), omit “other than a United Kingdom national”;

(ii) in paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(g) in paragraph 10A (EU nationals)—

(i) omit “other than a United Kingdom national” each time it appears;

(ii) in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(h) in paragraph 11 (children of Swiss nationals)—

(i) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(ii) in sub-paragraph (1)(c) and (d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(i) in paragraph 12(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.

Section 19 Amendment of Schedule 2

(1) Schedule 2 (student’s contribution) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1(1), in the definition of “taxable income”—

(a) in paragraph (b), for “another EEA State”, substitute “an EEA State”;

(b) for paragraph (c), substitute—

(c) where the legislation of—

(i) the United Kingdom and one or more EEA States;

(ii) more than one EEA State;

(iii) the United Kingdom and Switzerland;

(iv) one or more EEA States and Switzerland; or

(v) the United Kingdom, Switzerland and one or more EEA States

applies to the period, the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period,

(3) In Part 2 (calculation of contribution)—

(a) in paragraph 3(1)(b) (calculation of the student’s residual income), for “another Member State”, substitute “a Member State”;

(b) in paragraph 4 (calculation of the student’s partner’s residual income), in the following sub-paragraphs, for “another EEA State”, substitute “an EEA State”—

(i) sub-paragraph (1)(a);

(ii) sub-paragraph (2)(a);

(iii) sub-paragraph (5) each time it occurs;

(iv) sub-paragraph (6).

Section 20 Amendment of the Further Education Loans Regulations 2012

The Further Education Loans Regulations 2012 are amended as follows.

Section 21 Amendment of regulation 2

In Regulation 2 (interpretation), omit the definition of “right of permanent residence”.

Section 22 Amendment of regulation 7

In regulation 7 (students becoming eligible other than prior to the beginning of a designated further education course)—

(a) in paragraph (d), after “EU national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 1 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”;

(b) for paragraph (e), substitute—

(e) the student becomes a person described in paragraph 3(1)(a) of Schedule 1;

Section 23 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” each time it occurs;

(ii) at the appropriate place, insert the following definitions—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(b) in sub-paragraphs (5) and (6), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs;

(c) in sub-paragraph (7), after “an area”, insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3(1) (persons who are settled in the United Kingdom)—

(i) for paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom by reason of having acquired the right of permanent residence; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(ii) in paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(d) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence”, insert “before IP completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right”, substitute “had the right” each time it occurs;

(bb) for “goes”, substitute “has gone”;

(iv) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 9 (EU nationals)—

(i) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(ii) after sub-paragraph (3), insert—

(4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(f) in paragraph 10 (EU nationals)—

(i) in sub-paragraphs (1)(a) and (2), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(g) in paragraph 11 (children of Swiss nationals)—

(i) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(ii) in sub-paragraph (1)(c) and (d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(h) in paragraph 12(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.

Section 24 Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

The Education (Postgraduate Master’s Degree Loans) Regulations 2016 are amended as follows.

Section 25 Amendment of regulation 2

In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.

Section 26 Amendment of regulation 8

In regulation 8 (events)—

(a) in paragraph (d), after “EU national”, insert “or of a person who is eligible under paragraph 9 of Part 2 of Schedule 1 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member”;

(b) for paragraph (e), substitute—

(e) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 27 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1 (interpretation), paragraph 1—

(a) in sub-paragraph (1)—

(i) at the appropriate place, insert the following definitions—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(ii) omit “other than the United Kingdom” each time it occurs;

(iii) in the definition of “Swiss frontier self-employed person”, omit “, other than the United Kingdom,”;

(b) in sub-paragraphs (5) and (6), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs;

(c) in sub-paragraph (7), after “an area”, insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(ii) in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(d) in paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after the “right of residence”, insert “before IP completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right”, substitute “had the right” each time it occurs;

(bb) for “goes”, substitute “has gone”;

(iv) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 9 (EU nationals)—

(i) in sub-paragraphs (1)(c) and (d) and (2) , after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(ii) after sub-paragraph (3), insert—

(4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(f) in paragraph 10 (EU nationals)—

(i) in sub-paragraphs (1)(a) and (2), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(g) in paragraph 11 (children of Swiss nationals)—

(i) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(ii) in sub-paragraph (1)(c) and (d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(h) in paragraph 12(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.

Section 28 Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

The Higher Education (Fee Limit Condition) (England) Regulations 2017 are amended as follows.

Section 29 Amendment of regulation 6

In regulation 6(2) (qualifying person: effect of event during academic year)—

(a) in sub-paragraph (d), after “EU national”, insert “or of a person who is a qualifying person under paragraph 10 of Part 2 of the Schedule by virtue of paragraph 10(4) of Part 2 of the Schedule other than as a family member”;

(b) for sub-paragraph (e), substitute—

(e) the student becomes a person described in paragraph 4(a) of Part 2 of the Schedule;

Section 30 Amendment of the Schedule

(1) The Schedule is amended as follows.

(2) In Part 1 (interpretation)—

(a) in paragraph 1 (interpretation: general)—

(i) in sub-paragraph (1) —

(aa) at the appropriate place, insert the following definitions—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(bb) omit “other than the United Kingdom” each time it occurs;

(cc) in the definition of “overseas territories”, after “French Southern and Antarctic Territories;”, insert “Gibraltar;”;

(dd) for the definition of “right of permanent residence”, substitute—

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

(ii) in sub-paragraph (2), after “an area”, insert “other than the United Kingdom or Gibraltar”;

(b) in paragraph 2 (interpretation: ordinarily resident)—

(i) in sub-paragraph (2)–

(aa) for “the territory comprising the European Economic Area and Switzerland”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(bb) for “the territory comprising the European Economic Area, Switzerland and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(cc) for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

(ii) in sub-paragraph (5) , after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs.

(3) In Part 2 (qualifying persons)—

(a) in paragraph 4 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom by reason of having acquired the right of permanent residence on the first day of an academic year of the course; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(ii) in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom,”;

(b) in paragraph 7(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom,”;

(c) in paragraph 8 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;

(iii) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

(d) in paragraph 9 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)—

(aa) in paragraph (b), after “right of residence”, insert “before IP completion day”;

(bb) in paragraph (d), after “the territory comprising”, insert “the United Kingdom,”;

(cc) in paragraph (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(ii) in sub-paragraph (2)—

(aa) for “has a right”, substitute “had the right” each time it occurs;

(bb) for “goes”, substitute “has gone”;

(iii) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 10 (EU nationals)—

(i) in sub-paragraph (1)(c), after “the territory comprising”, insert “the United Kingdom,”;

(ii) for sub-paragraph (2), substitute—

(2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii) an EU national; and

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

(iii) after sub-paragraph (3), insert—

(4) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

(f) in paragraph 11 (EU nationals)—

(i) in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”;

(g) in paragraph 12 (children of Swiss nationals)—

(i) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(ii) in sub-paragraph (1)(c) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;

(iii) in sub-paragraph (1)(d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iv) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

(h) in paragraph 13(1)(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”.

Section 31 Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No.2) etc.) Regulations 2018

The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 are amended as follows.

Section 32 Amendment of regulation 2

In regulation 2(1) (interpretation), omit the definition of “right of permanent residence”.

Section 33 Amendment of regulation 8

In regulation 8 (events)—

(a) in paragraph (d), after “EU national”, insert “or of a person who is eligible under paragraph 10 of Part 2 of Schedule 1 by virtue of paragraph 10(4) of Part 2 of that Schedule other than as a family member”;

(b) for paragraph (e), substitute—

(e) the student becomes a person described in paragraph 3(a) of Schedule 1;

Section 34 Amendment of Schedule 1

(1) Schedule 1 (eligible students) is amended as follows.

(2) In Part 1, paragraph 1 (interpretation)—

(a) in sub-paragraph (1)—

(i) at the appropriate place, insert the following definitions—

“ EEA EFTA separation agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“ residence scheme immigration rules ” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“ A ”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

“ Swiss citizens’ rights agreement ” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

(ii) omit “other than the United Kingdom” each time it occurs;

(iii) in the definition of “Swiss frontier self-employed person”, omit “, other than the United Kingdom,”;

(b) in sub-paragraphs (5) and (6), after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs;

(c) in sub-paragraph (7), after “an area”, insert “other than the United Kingdom or Gibraltar”.

(3) In Part 2 (categories)—

(a) in paragraph 3 (persons who are settled in the United Kingdom)—

(i) for sub-paragraph (a), substitute—

(a) meets one of the following conditions—

(i) the person is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii) the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

(ii) in sub-paragraph (d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(b) in paragraph 7(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(c) in paragraph 8 (workers, employed persons, self-employed persons and their family members)—

(i) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(ii) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(c) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(d) in paragraph 9 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(i) in sub-paragraph (1)(b), after “right of residence”, insert “before IP completion day”;

(ii) in sub-paragraph (1)(d) and (e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) in sub-paragraph (2)—

(aa) for “has a right”, substitute “had the right” each time it occurs;

(bb) for “goes”, substitute “has gone”;

(iv) after sub-paragraph (2), insert—

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

(e) in paragraph 10 (EU nationals)—

(i) in sub-paragraphs (1)(c) and (d) and (2), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(ii) after sub-paragraph (3), insert—

(4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(f) in paragraph 11 (EU nationals)—

(i) in sub-paragraphs (1)(a) and (2), omit “other than a United Kingdom national”;

(ii) in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(g) in paragraph 12 (children of Swiss nationals)—

(i) sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

(ii) in sub-paragraph (1)(c) and (d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

(iii) after sub-paragraph (1)(d) as so renumbered, insert—

(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

(h) in paragraph 13(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”.