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	Statutory Instruments of the Scottish Parliament
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(a) at the end of the definition of "Health Board" omit "and";

(b) after that definition insert-

" "relevant day" in relation to a course of education for which an allowance is sought means-
(a) as respects a course starting in the period 1st August to 31st December, 1st August; or

(b) as respects a course starting in the period 1st January to 31st July, 1st January,



in either case the relevant day being in the year of commencement of the appropriate academic year of the course;";

(c) at the end of the definition of "Switzerland Agreement" for "2002." substitute "2002; and"; and

(d) after that definition insert-

" "temporary protection" means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules[4].".

    (3) In Schedule 1-

(a) after paragraph 6 insert-

     " 6A. A person who-


(a) at the date of the Scottish Ministers receiving his or her application for an allowance has been granted temporary protection and who has been ordinarily resident in the United Kingdom and Islands at all times since he or she was first granted temporary protection;

(b) has not attained the age of 18 years on the relevant day; and

(c) is ordinarily resident in the United Kingdom and Islands on the relevant day."; and



(b) in paragraph 8 after "relevant day" insert ", provided that this paragraph will not apply where it would result in the payment of an allowance to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 6A".

Amendment of Bursaries Regulations
     3.  - (1) The Education Authority Bursaries (Scotland) Regulations 1995[5] shall be amended as follows.

    (2) In regulation 2(1)-

(a) at the end of the definition of "relevant date" omit "and";

(b) at the end of the definition of "Switzerland Agreement" for "2002." substitute "2002; and"; and

(c) after that definition insert-

" "temporary protection" means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.".

    (3) In Schedule 1-

(a) after paragraph 3A insert-

     " 3B. A person who-


(a) at the date of the education authority receiving his application for a bursary has been granted temporary protection and who has been ordinarily resident in the British Islands at all times since he was first granted temporary protection;

(b) has not attained the age of 18 years on the relevant date; and

(c) is ordinarily resident in the area of the education authority on the qualifying day,



provided that a bursary paid to a person only by virtue of that person qualifying under this paragraph shall not continue beyond the end of any academic year in which that person attains the age of 18 years."; and

(b) in paragraph 5 after "relevant date" insert ", provided that this paragraph will not apply where it would result in the payment of a bursary to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 3B".

Amendment of Fees and Awards Regulations
     4.  - (1) The Education (Fees and Awards) (Scotland) Regulations 1997[6] shall be amended as follows.

    (2) In regulation 2(1)-

(a) at the end of the definition of "refugee" omit "and";

(b) at the end of the definition of "Switzerland Agreement" for "2002." substitute "2002; and"; and

(c) after that definition insert-

" "temporary protection" means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.".

    (3) In Schedule 1 after paragraph 3A insert-

     " 3B. A person shall be an excepted student if he-


(a) is a person who has been granted temporary protection;

(b) did not attain the age of 18 years prior to the beginning of the current academic year of the student's course; and

(c) has been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection.".

    (4) In Schedule 2 after paragraph 2 insert-

     " 2A. A person shall be an excepted candidate if he-


(a) is a person who has been granted temporary protection;

(b) has not attained the age of 18 years on the relevant date; and

(c) has been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection.".

Amendment of Students' Allowances Regulations
     5.  - (1) The Students' Allowances (Scotland) Regulations 1999[7] shall be amended as follows.

    (2) In regulation 2(1)-

(a) at the end of the definition of "relevant day" omit "and";

(b) at the end of the definition of "Switzerland Agreement" for "2002." substitute "2002; and"; and

(c) after that definition insert-

" "temporary protection" means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.".

    (3) In Schedule 1-

(a) after paragraph 6 insert-

     " 6A. A person who-


(a) at the date of the Scottish Ministers receiving his application for an allowance has been granted temporary protection and who has been ordinarily resident in the United Kingdom and Islands at all times since he was first granted temporary protection;

(b) has not attained the age of 18 years on the relevant day; and

(c) is ordinarily resident in Scotland on the relevant day,



provided that an allowance paid to a person only by virtue of that person qualifying under this paragraph shall not continue beyond the end of any academic year in which that person attains the age of 18 years."; and

(b) in paragraph 8 after "relevant day" insert ", provided that this paragraph will not apply where it would result in the payment of an allowance to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 6A".

Amendment of Student Loans Regulations
     6.  - (1) The Education (Student Loans) (Scotland) Regulations 2000[8] shall be amended as follows.

    (2) In regulation 2(1)-

(a) at the end of the definition of "Switzerland Agreement" omit "and"; and

(b) after that definition insert-

" "temporary protection" means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules; and".

    (3) In Schedule 1 after paragraph 3 insert-

     " 3A. A person who-


(a) has been granted temporary protection, is ordinarily resident in the United Kingdom and Islands and who has not ceased to be so resident since he was granted temporary protection;

(b) has not attained the age of 18 years on the relevant date; and

(c) meets the residence condition in paragraph 7(a).".

Amendment of Education Maintenance Allowances Regulations
     7.  - (1) The Education Maintenance Allowances (Scotland) Regulations 2004[9] shall be amended as follows.

    (2) In Regulation 2(1) for the definition of "temporary protection" substitute-

" "temporary protection" means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.".

    (3) Omit regulation 3(3).

    (4) In Schedule 1-

(a) for paragraph 7 substitute-

     " 7. A person who-


(a) at the date of the Scottish Ministers receiving his or her application for an education maintenance allowance has been granted temporary protection and has been ordinarily resident in the United Kingdom and Islands at all times since he or she was first granted temporary protection;

(b) has not attained the age of 18 years on the qualifying date; and

(c) is ordinarily resident in the United Kingdom and Islands on the qualifying date,



provided that an education maintenance allowance paid to a person only by virtue of that person qualifying under this paragraph shall not continue beyond the end of any academic year in which that person attains the age of 18 years."; and

(b) after paragraph 8(2) insert-

    " (3) Sub paragraph (1) shall not apply where it would result in the payment of an education maintenance allowance to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 7.".

    (5) In paragraph 2(1) of Schedule 2 for "6(a)(iii) and 7(a) of Schedule 1" substitute "and 6(a)(iii) of Schedule 1".


JAMES R WALLACE
A member of the Scottish Executive

St Andrew's House, Edinburgh
8th April 2005

[2] 1983 c.40; section 1 was relevantly amended by the Education Reform Act 1988 (c.40), Schedule 12, paragraph 91 and the Further and Higher Education (Scotland) Act 1992 (c.37), Schedule 9, paragraph 8; section 2(3)(a) and the word "other" in paragraph (b) were repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[3] S.I. 1992/580, amended by S.S.I. 2002/423, S.S.I. 2003/401 and S.S.I. 2004/469.back

[4] HC 395; relevant amending instrument is HC 194.back

[5] S.I. 1995/1739, amended by S.I. 1997/1049 and S.S.I. 2004/469.back

[6] S.I. 1997/93, amended by S.I. 1997/2008, S.I. 1998/2324 and S.S.I. 2004/469.back

[7] S.I. 1999/1131, amended by S.S.I. 2001/229 and S.S.I. 2004/469.back

[8] S.S.I. 2000/200, amended by S.S.I. 2001/228, S.S.I. 2001/311 and S.S.I. 2004/469.back

[9] S.S.I. 2004/273, amended by S.S.I. 2004/301 and S.S.I. 2004/469.back

 © Crown copyright 2005