Education Citation and commencement 1 These Regulations may be cited as the Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009 and come into force on 30th September 2009. Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 2 After paragraph 6 of Schedule 1 (eligible students) to the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 insert— 6A A person who— a i is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; ii has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and iii is ordinarily resident in Scotland on the first day of the first academic year of the course; or b is the spouse, civil partner, child or stepchild of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course. . Amendment of the Education Authority Bursaries (Scotland) Regulations 2007 3 The Education Authority Bursaries (Scotland) Regulations 2007 are amended in accordance with regulations 4 and 5. 4 After paragraph 6 of Schedule 1 (persons eligible for bursaries) insert— 6A A person who— a i is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; ii has been ordinarily resident in the British Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and iii is ordinarily resident in the area of the education authority on the qualifying day, or seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority; or b is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who meets a residence requirement specified in sub-paragraph (a)(iii). . 5 In paragraph 2(1) and (3) of Schedule 2 (ordinary residence) for “9(b)” substitute “9(1)(b)”. Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 6 The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 are amended in accordance with regulations 7 and 8. 7 After paragraph 6 of Schedule 1 (persons eligible for allowances) insert— 6A A person who— a i is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; ii has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and iii is ordinarily resident in the United Kingdom on the relevant date; or b is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in the United Kingdom on the relevant date. . 8 In paragraph 2(1) and (3) of Schedule 2 (ordinary residence) for “9(b)” substitute “9(1)(b)”. Amendment of the Education (Fees and Awards) (Scotland) Regulations 2007 9 The Education (Fees and Awards) (Scotland) Regulations 2007 are amended in accordance with regulations 10 to 13. 10 After regulation 2(3) (interpretation) insert— 4 For the purposes of regulation 5(d) a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands. . 11 In regulation 5 (relevant connection with the United Kingdom and Islands)— a omit “and” where it occurs at the end of paragraph (b); and b after paragraph (c) insert— and d at the date referred to in paragraph (a) that student is ordinarily resident in the United Kingdom. . 12 After paragraph 6 of Schedule 1 (fees – excepted students) insert— 6A A person shall be an excepted student if that person— a is an Iraqi national who has been— i granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; and ii ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; or b is the spouse, civil partner, or child of a person of the kind described in sub-paragraph (a). . 13 In Schedule 2 (post-graduate agricultural studentships – excepted candidates)— a after paragraph 6 insert— 6A Subject to paragraph 11, a person shall be an excepted student if that person— a is an Iraqi national who has been— i granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; and ii ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; or b is the spouse, civil partner, or child of a person of the kind described in sub-paragraph (a). ; and b in paragraph 11 after “paragraphs 5, 6,” insert “6A,”. Amendment of the Students’ Allowances (Scotland) Regulations 2007 14 The Students’ Allowances (Scotland) Regulations 2007 are amended in accordance with regulations 15 and 16. 15 After paragraph 6 of Schedule 1 (persons eligible for allowances) insert— 6A A person who— a i is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; ii has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and iii is ordinarily resident in Scotland on the relevant date; or b is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date. . 16 In paragraph 2(1) and (3) of Schedule 2 (ordinary residence) for “9(b)” substitute “9(1)(b)”. Amendment of the Education (Student Loans) (Scotland) Regulations 2007 17 After paragraph 6 of Schedule 1 (eligible students) to the Education (Student Loans) (Scotland) Regulations 2007 insert— 6A A person who— a i is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; ii has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and iii is ordinarily resident in Scotland on the first day of the first academic year of the course; or b is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the first day of the first academic year of the course. . Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007 18 After paragraph 6 of Schedule 1 (persons eligible for education maintenance allowances) to the Education Maintenance Allowances (Scotland) Regulations 2007 insert— 6A A person who— a i is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Department; ii has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such indefinite leave to enter the United Kingdom; and iii is ordinarily resident in Scotland on the qualifying date; or b is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the qualifying date. . FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 7th September 2009