EDUCATION, SCOTLAND PART I GENERAL Citation, commencement and extent 1 These Regulations may be cited as the Education (Fees and Awards) (Scotland) Regulations 1997, shall come into force on 17th February 1997 and shall extend to Scotland only. Interpretation 2 1 In these Regulations– “award” means a fees award or a maintenance award or both as the context may require; “education” includes post-graduate research otherwise than in the course of employment; “education authority” has the same meaning as in the Education (Scotland) Act 1980 ; “ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol thereto signed at Brussels on 17th March 1993 ; “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 Council Regulation; “EEA State” means a State which is a Contracting Party to the EEA Agreement; “employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain; “European Economic Area” means the area of the EEA States and includes those States at any time before the EEA Agreement came into force in relation to them; “fees” includes charges however described; “fees award” means an award in respect of any fees payable by the candidate for the award other then any element of those fees representing or attributable to charges for his maintenance; “the Islands” means the Channel Islands and the Isle of Man; “maintenance award” means any award other than a fees award; “national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Community (including the United Kingdom) as constituted from time to time; “parent” in relation to a student, includes a guardian and any person who is liable to maintain or has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995 ) in relation to, or has care of, the student; “refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 . 2 In these Regulations a reference to a person’s child includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and a child in whose case the person concerned has admitted paternity or been adjudged the putative father. 3 Notwithstanding section 11 of the Interpretation Act 1978 , section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purpose of the interpretation of these Regulations. 4 In these Regulations, unless the context otherwise requires, a reference to a regulation, Part or Schedule is a reference to a regulation or Part of these Regulations or to a Schedule thereto, a reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph. Lawful acts 3 1 Nothing in Part II shall be construed as rendering unlawful any discrimination arising from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise) if it would have been lawful had these Regulations not been made. 2 Nothing in Part III or IV shall be construed as rendering unlawful any discrimination arising from any rule of eligibility for an award if it would have been lawful had these Regulations not been made. PART II FEES FOR TUITION ETC. Scope of Part II 4 This Part shall have effect as respects the charging of relevant fees in respect of students attending a course provided by– a an institution within the higher education sector for the purposes of section 56(2) of the Further and Higher Education (Scotland) Act 1992 ; b a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980 ; or c a further education establishment provided by an education authority or managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992, and any reference in this Part to a student shall be construed accordingly. Relevant fees 5 1 For the purpose of this Part “relevant fees” means the aggregate of– a any fees for admission, registration or matriculation (including matriculation exemption); b any sessional or tuition fees; c any composition fee; and d any graduation fee, in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (2). 2 The fees last referred to in paragraph (1) are– a any fees charged by an external body in respect of an examination or validation of a course or otherwise charged by such a body whose requirements must (for the purposes of a course) be met; and b charges for board and lodging. Relevant connection with the United Kingdom and Islands 6 For the purposes of this Part a student has a relevant connection with the United Kingdom and Islands if– a he has been ordinarily resident there throughout the 3 year period immediately preceding 1st September, 1st January or 1st April closest to the beginning of the first term of the student’s course; and b his residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education. Charging of higher relevant fees 7 Subject to Schedule 1, it shall be lawful to charge higher relevant fees in the case of students who do not have a relevant connection with the United Kingdom and Islands than in the case of students having such a connection. PART III POST-GRADUATE AGRICULTURAL STUDENTSHIPS Scope of Part III 8 This Part shall have effect as respects the adoption by the Secretary of State of rules of eligibility for awards (however described) made by him in pursuance of section 4 of the Small Landholders (Scotland) Act 1911 and any reference in this Part to an award or a candidate for an award shall be construed accordingly. Relevant connection with Scotland 9 For the purposes of this Part a candidate for an award has a relevant connection with Scotland if– a he has been ordinarily resident there throughout the 3 year period immediately preceding the date of his application for an award; b his residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education; and c he is a British citizen or otherwise enjoys in the United Kingdom the status of a Commonwealth citizen. Authorised eligibility rules 10 Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with Scotland. PART IV AWARDS BY NEWBATTLE ABBEY COLLEGE, DALKEITH Scope of Part IV 11 This Part shall have effect as respects the adoption by that further education establishment known as Newbattle Abbey College, Dalkeith of rules of eligibility for awards (however described) made by that establishment in connection with courses of education or training, or in connection with the undertaking of research, and any reference in this Part to an award, a candidate for an award, or the maker of an award, shall be construed accordingly. Relevant connection with England 12 For the purposes of this Part a candidate for an award has a relevant connection with England if– a he has been ordinarily resident there throughout the 3 year period immediately preceding the date of his application for an award; and b his residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education. Authorised eligibility rules 13 Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with England on 30th June next following the date of their applications. PART V MISCELLANEOUS Revocations 14 The Regulations specified in column 1 of Schedule 4 are revoked to the extent specified in column 3 thereof. Raymond S Robertson Parliamentary Under Secretary of State, Scottish Office St Andrew’s House Edinburgh 16th January 1997