Citation, commencement, application and interpretation

1

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see above.

2

2

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

3

3

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.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

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

4

Amendment to the 1997 Regulations, SSR 2006, European Institutions Regulations, Student Fees Regulations and SSR 20074

The 1997 Regulations are amended in accordance with Part 2.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Extent

This regulation applies to England only: see reg 2.

5

5

The SSR 2006 are amended in accordance with Part 3.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

6

6

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

7

7

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

8

8

The SSR 2007 are amended in accordance with Part 6

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 2 of the 1997 Regulations

9

Part2Amendments to the 1997 Regulations Amendment of regulation 2 of the 1997 Regulations9

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—

(a)    is ordinarily resident in the United Kingdom; and

(b)    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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Extent

This regulation applies to England only: see reg 2.

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Amendment of the Schedule to the 1997 Regulations

10

Amendment of the Schedule to the 1997 Regulations10

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Extent

This regulation applies to England only: see reg 2.

Amendment of regulation 2 of the SSR 2006

11

Part3Amendments to the SSR 2006 Amendment of regulation 2 of the SSR 200611

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

““Turkish worker” means a Turkish national who—

(a)    is ordinarily resident in the United Kingdom and Islands; and

(b)    is, or has been, lawfully employed in the United Kingdom;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 9 of the SSR 2006

12

Amendment of regulation 9 of the SSR 200612

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;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 14 of the SSR 2006

13

Amendment of regulation 14 of the SSR 200613

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 37 of the SSR 2006

14

Amendment of regulation 37 of the SSR 200614

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 60 of the SSR 2006

15

Amendment of regulation 60 of the SSR 200615

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 64 of the SSR 2006

16

Amendment of regulation 64 of the SSR 200616

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 84 of the SSR 2006

17

Amendment of regulation 84 of the SSR 200617

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,"

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 92 of the SSR 2006

18

Amendment of regulation 92 of the SSR 200618

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;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 100 of the SSR 2006

19

Amendment of regulation 100 of the SSR 200619

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of Schedule 1 to the SSR 2006

20

Amendment of Schedule 1 to the SSR 200620

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—

“12 Children of Turkish workers

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Unmarried Partners94 Family Law94

Amendment of Schedule 3A to the SSR 2006

21

Amendment of Schedule 3A to the SSR 200621

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 3 of the European Institutions Regulations

22

Part4Amendments to the European Institutions Regulations Amendment of regulation 3 of the European Institutions Regulations22

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—

(a)    was ordinarily resident in the United Kingdom and Islands; and

(b)    was, or had been, lawfully employed in the United Kingdom."

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 8 of the European Institutions Regulations

23

Amendment of regulation 8 of the European Institutions Regulations23

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 9 of the European Institutions Regulations

24

Amendment of regulation 9 of the European Institutions Regulations24

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of Schedule 1 to the European Institutions Regulations

25

Amendment of Schedule 1 to the European Institutions Regulations25

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—

“12 Children of Turkish workers

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Unmarried Partners94 Family Law94

Amendment of regulation 2 of the Student Fees Regulations

26

Part5Amendment of the Student Fees Regulations Amendment of regulation 2 of the Student Fees Regulations26

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”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 2 of the SSR 2007

27

Part6Amendments to the SSR 2007 Amendment of regulation 2 of the SSR 200727

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

““Turkish worker” means a Turkish national who—

(a)    is ordinarily resident in the United Kingdom and Islands; and

(b)    is, or has been, lawfully employed in the United Kingdom;"

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 10 of the SSR 2007

28

Amendment of regulation 10 of the SSR 200728

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;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 16 of the SSR 2007

29

Amendment of regulation 16 of the SSR 200729

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 38 of the SSR 2007

30

Amendment of regulation 38 of the SSR 200730

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 72 of the SSR 2007

31

Amendment of regulation 72 of the SSR 200731

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 83 of the SSR 2007

32

Amendment of regulation 83 of the SSR 200732

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 111 of the SSR 2007

33

Amendment of regulation 111 of the SSR 200733

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 119 of the SSR 2007

34

Amendment of regulation 119 of the SSR 200734

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;”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 128 of the SSR 2007

35

Amendment of regulation 128 of the SSR 200735

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

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of regulation 130 of the SSR 2007

36

Amendment of regulation 130 of the SSR 200736

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

Amendment of Schedule 2 to the SSR 2007

37

Amendment of Schedule 2 to the SSR 200737

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—

“12 Children of Turkish workers

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2007: see reg 1.

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Signature

Bill Rammell

Minister of State

Department for Education and Skills

26th April 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) Regulations 1997, the Student Fees (Qualifying Courses and Persons) Regulations 2006, the Education (Student Support) Regulations 2006, the Education (Student Support) (European Institutions) (No 2) Regulations 2006 and the Education (Student Support) Regulations 2007 to comply with article 9 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Community and Turkey.

The Association Council was created by the agreement establishing an association between the European Community and Turkey which was signed in Ankara on 12 September 1963 by the Republic of Turkey on the one hand and the Member States of the EEC and the Community on the other. The agreement was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 c 113 p 1).

Article 9 of Decision No 1/80 of the Association Council of 19th September 1980 on the development of the association provides: “Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed in that member State, shall be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that member State. They may in that Member State be eligible to benefit from the advantages provided for under the national legislation in this area.”.

These Regulations also make further amendments to the Education (Student Support) Regulations 2006 (“SSR 2006”) and the Education (Student Support) Regulations 2007 (“SSR 2007”).

The SSR 2006 were amended by regulation 3 and Schedule 1 to the SSR 2007 to make provision for support for students on courses determined by the Secretary of State to be compressed degree courses. Regulation 15 makes additional provision in respect of such students.

The SSR 2007 specify that an eligible postgraduate student will cease to be eligible for support if he is undertaking a designated postgraduate course that is a part-time course and he is unable to complete that course within twice the ordinary duration of a full-time course leading to the same qualification. Regulation 36 of these Regulations amends regulation 130 of the SSR 2007 to clarify this.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

EU Science, Information, Education & Culture93 European Union Law93