EDUCATION, SCOTLAND Citation and commencement 1 These Regulations may be cited as the Education Authority Bursaries and Students' Allowances (Scotland) Amendment Regulations 1997 and shall come into force on 1st August 1997. Education Authority Bursaries 2 The Education Authority Bursaries (Scotland) Regulations 1995 shall be amended as follows:– a in paragraph (1) of regulation 2 (interpretation) after the definition of “ EEA Agreement” there shall be inserted the following definition:– “EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom– under Council Regulation ( EEC ) No.1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement); or in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation; ; b in paragraph 1 of Schedule 1 (persons eligible for bursaries) there shall be added at the end– ; and is settled in the United Kingdom within the meaning of the Immigration Act 1971 on the relevant date. ; c for paragraph 2 of Schedule 1 there shall be substituted the following paragraphs:– 2 A person who is an EEA migrant worker who– a is entitled to the payment of a bursary by virtue of Article 7(2) or (3) of Council Regulation (EEC) 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole of the European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3); b has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and c i is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary; or ii is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority. 2A A person who is the spouse of an EEA migrant worker and who– a has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; b is installed in the United Kingdom with his spouse; and c i is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary, or ii is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority. 2B A person who is the child of an EEA migrant worker and who– a is entitled to the payment of a bursary by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12; b has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and c i is ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which he seeks a bursary, or ii is not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority. ; d in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”; e after paragraph 3 of Schedule 1 there shall be inserted the following paragraph:– 3A A person who– a i has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom and he has been granted leave to enter or remain accordingly; ii is ordinarily resident in the area of the education authority on the qualifying day in relation to the course of study in respect of which he seeks a bursary; and iii has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date; or b is the spouse or child of a person of the kind described in sub-paragraph (a). ; and f in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted “, 2A(a), 2B(b), 3A(a)(iii)”. Students' Allowances 3 The Students' Allowances (Scotland) Regulations 1996 shall be amended as follows:– a in paragraph (1) of regulation 2 (interpretation) after the definition of “EEA Agreement” there shall be inserted the following definition:– “EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom– under Council Regulation (EEC) No.1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement); or in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourable than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation; ; b in paragraph 1 of Schedule 1 (persons eligible for allowances) there shall be added at the end– ; and is settled in the United Kingdom within the meaning of the Immigration Act 1971 on the relevant date. ; c for paragraph 2 of Schedule 1 there shall be substituted the following paragraphs:– 2 A person who is an EEA migrant worker who– a is entitled to the payment of an allowance by virtue of Article 7(2) or (3) of Council Regulation (EEC) 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole of the European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3); b has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and c i is ordinarily resident in Scotland on the qualifying day, or ii seeks an allowance in respect of a course of education at an establishment in Scotland. 2A A person who is the spouse of an EEA migrant worker and who– a has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; b is installed in the United Kingdom with his spouse; and c i is ordinarily resident in Scotland on the qualifying day, or ii seeks an allowance in respect of a course of education at an establishment in Scotland. 2B A person who is the child of an EEA migrant worker and who– a is entitled to the payment of an allowance by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12; b has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and c i is ordinarily resident in Scotland on the qualifying day; and ii seeks an allowance in respect of a course of education at an establishment in Scotland. ; d in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”; e after paragraph 3 of Schedule 1 there shall be inserted the following paragraph:– 3A A person who– a i has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom and he has been granted leave to enter or remain accordingly; ii is ordinarily resident in Scotland on the qualifying day; and iii has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date; or b is the spouse or child of a person of the kind described in sub-paragraph (a). ; and f in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted“, 2A(a), 2B(b), 3A(a)(iii)”. Raymond S Robertson Parliamentary Under Secretary of State, Scottish Office St Andrew’s House, Edinburgh 19th March 1997