Statutory Instruments of the Scottish Parliament

"academic year", in relation to a course, means a period beginning on the first day of the first term of an academic year for that course and ending on the last day of the final term of that academic year for that course;

"the Act" means the Education (Graduate Endowment and Student Support) (Scotland) Act 2001;

"continuous programme of higher education" means a programme of education undertaken by an individual comprising–

(a) either–


(i) a course leading to a Higher National Certificate immediately followed by a course leading to a Higher National Diploma (disregarding any intervening vacation); or

(ii) a course leading to a Higher National Diploma; and



(b) a course of higher education not of a kind referred to in paragraph (a) above which commences in the academic year immediately following the end of the course referred to in paragraph (a) or in the following academic year;

(a) has undertaken a full-time course of higher education which commenced on or after 1st August 2001 which is the first full-time course of higher education undertaken by them;

(b) has undertaken that course for a period of at least 3 academic years or, where that course is undertaken as part of a continuous programme of higher education, for a period of at least 2 academic years; and

(c) is a person mentioned in paragraphs 2 to 7 of Schedule 1.

    (2) A graduate who has undertaken a full-time course of higher education which commenced on or after 1st August 2001 shall not be liable to pay the graduate endowment if that course is undertaken as part of a continuous programme of higher education which commenced prior to 1st August 2001.

    (3) This paragraph applies to graduates who have undertaken a full-time course of higher education who prior to the completion of that course–

(a) transferred from one institution to another to undertake the same or any other full-time course of higher education;

(b) ceased to undertake that course but transferred to another full-time course of higher education at the same institution; or

(c) ceased to undertake that course but transferred to another course of higher education which is not a full-time course of higher education.

    (4) In the case of a graduate to whom paragraph (3) applies, for the purposes of paragraph (1)–

(a) all of the full-time courses of higher education undertaken by them which follow on immediately from the preceding course (disregarding any intervening vacation) shall be treated as a single course of full-time higher education; and

(b) the period taken into account for the purposes of paragraph (1)(b) above shall be the entire period during which the graduate undertook the full-time courses of higher education referred to in sub-paragraph (a) above.

(a) the liable graduate's United Kingdom national insurance number;

(b) the liable graduate's most recent student loan account number, if any; and

(c) the names, addresses and telephone numbers of two persons who know the liable graduate.

    (3) The completed application shall also include a declaration, which shall be signed by the liable graduate that–

(a) the particulars given in the form are correct to the best of their knowledge and belief; and

(b) they will notify the Scottish Ministers of any change in those particulars which might affect their eligibility for a loan.

"EEA frontier self-employed person" means an EEA national who–

(a) is a self-employed person (within the meaning of Article 7 of Directive 2004/38) in Scotland; and

(b) resides in Switzerland or the territory of an EEA state other than the United Kingdom and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

"EEA frontier worker" means an EEA national who–

(a) is a worker (within the meaning of Article 7 of Directive 2004/38) in Scotland; and

(b) resides in Switzerland or the territory of an EEA state other than the United Kingdom and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

"EEA migrant worker" means an EEA national in the United Kingdom who is a worker within the meaning of Article 7 of Directive 2004/38 but who is not an EEA frontier worker;

"EEA national" means a national of an EEA state other than the United Kingdom;

"EEA self-employed person" means an EEA national in the United Kingdom who is a self employed person within the meaning of Article 7 of Directive 2004/38 but who is not an EEA frontier self-employed person;

"EU overseas territories" means Aruba, Faeroe Islands, French Polynesia, French Southern and Antarctic Territories, Greenland Henderson, Mayotte, Netherlands Antilles (Bonaire, Curcao, Saba, Sint Eustatius and Sint Maarten), the Territory of New Caledonia and Dependencies, St Pierre et Miquelon and Wallis and Futuna Islands;

"EU overseas territories national" means a national of any of the EU overseas territories;

"family member" means–

(a) in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person, an EEA self-employed person–


(i) their spouse or civil partner;

(ii) their child or the child of their spouse or civil partner;

(iii) their dependent direct relatives in the ascending line or those of their spouse or civil partner;



(b) in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person–



(i) their spouse or civil partner;

(ii) their child or the child of their spouse or civil partner;



(c) in relation to a non UK EC national who is not self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38 or an EU overseas territories national–



(i) their spouse or civil partner;

(ii) their direct descendants or those of their spouse or civil partner who are–


(aa) under the age of 21;

(bb) their dependants or those of their spouse or civil partner;



(d) in relation to a non UK EC national who is self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38 or an EU overseas territories national–



(i) their spouse or civil partner;

(ii) their direct descendants or those of their spouse or civil partner who are–


(aa) under the age of 21;

(bb) their dependants or those of their spouse or civil partner;



(iii) their dependent direct relatives in the ascending line or those of their spouse or civil partner; and



(e) in relation to a United Kingdom national, for the purposes of paragraph 5 of this Schedule–



(i) their spouse or civil partner;

(ii) their direct descendants or those of their spouse or civil partner who are–


(aa) under the age of 21;

(bb) their dependants or those of their spouse or civil partner;



(iii) their dependent direct relatives in the ascending line or those of their spouse or civil partner;

"non UK EC national" means a person who is a national for the purposes of the Community Treaties of any member State of the European Community other than the United Kingdom;

"Swiss employed person" means a Swiss national in the United Kingdom who is an employed person within the meaning of Annex 1 to the Switzerland Agreement, but who is not a Swiss frontier worker;

"Swiss frontier worker" means a Swiss national who–

(a) is an employed person (within the meaning of Annex 1 to the Switzerland Agreement) in Scotland; and

(b) resides in Switzerland or in the territory of an EEA state other than the United Kingdom and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

"Swiss frontier self-employed person" means a Swiss national who–

(a) is a self-employed person (within the meaning of Annex 1 to the Switzerland Agreement) in Scotland ; and

(b) resides in Switzerland or in the territory of an EEA state, other than the United Kingdom, and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

"Swiss self-employed person" means a Swiss national in the United Kingdom who is a self employed person (within the meaning of Annex 1 to the Switzerland Agreement), but who is not a Swiss frontier self-employed person;

(a) that person, or their spouse or civil partner, or either of their parents; or

(b) in the case of a dependant relative in the ascending line, their child or child's spouse or civil partner,

was for the time being–

(c) employed outside Scotland; or

(d) attending a course of study or undertaking postgraduate research outside Scotland.

    (2) For the purposes of paragraph 2(a) of Schedule 1 and subject to sub-paragraph (3), a person shall not be treated as being ordinarily resident in Scotland on the relevant day if the Scottish Ministers are satisfied that their residence there on that day is in any sense attributable to, or connected with, any period of residence in Scotland within 3 years immediately preceding the relevant day as respects any part of which its purpose was wholly or mainly that of receiving full time education.

    (3) Sub-paragraph (2) shall not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38.

     2. —(1) Sub-paragraphs (2) to (5) below shall apply in determining, for the purposes of paragraphs 2(b), 3(1)(b), 4(1)(b), 5(1)(d), 7(c), 8(b) and 9(b) of Schedule 1 whether a person is to be treated as having been or not having been ordinarily resident for the period specified in those paragraphs (in this paragraph, "the specified period") in the United Kingdom, the European Economic Area or Switzerland or the EU overseas territories (in this paragraph as "the relevant area").

    (2) A person shall not be treated as having been ordinarily resident in the relevant area for the specified period in paragraph 2(b) of Schedule 1 if the Scottish Ministers are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education, unless–

(a) the person is treated as ordinarily resident in accordance with sub-paragraph (5); or

(b) the person has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence.

    (3) A person shall not be treated as having been ordinarily resident in the relevant area for the specified period in paragraph 8(b) of Schedule 1 if the Scottish Ministers are satisfied that that person was resident therein for any part of that period wholly or mainly for the purpose of receiving full-time education, unless that person is treated as ordinarily resident by virtue of sub paragraph (5).

    (4) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was born and has spent the greater part of their life in the relevant area and that–

(a) their parents or either of them have been ordinarily resident in the relevant area throughout the specified period and that person is not an independent student; or

(b) that person has been ordinarily resident in the relevant area for at least 1 year of the specified period and, in the case of those qualifying by virtue of paragraph 2 or 8 of Schedule 1, no part of that period of residence was wholly or mainly for the purpose of receiving full-time education.

    (5) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was not actually so resident in the relevant area for the specified period only because–

(a) that person, or their spouse or civil partner, or either of their parents; or

(b) in the case of a dependant relative in the ascending line, their child or child's spouse or civil partner,

was for the time being–

(c) employed outside the relevant area; or

(d) attending a course of study or undertaking postgraduate research outside the relevant area.

     3. —(1) In paragraph 2(4)(a) above, "an independent student" means a person who on the relevant day–

(a) has attained the age of 25 years;

(b) is married or in a civil partnership; or

(c) has been self-supporting out of their earnings for periods aggregating not less than 3 years.

    (2) A person shall be regarded as having been self-supporting out of their earnings for any period or periods during which that person–

(a) was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local; or

(b) was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed; or

(c) was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) or (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit; or

(d) received any pension, allowance or other benefit paid by reason of a disability to which that person is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person; or

(e) held a Scottish Studentship or comparable award; or

(f) could not reasonably be expected to be self-supporting out of their earnings because that person had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon them.