EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Fees) (Scotland) Regulations 2022 (“the Fees Regulations”) and the Student Support (Scotland) Regulations 2022 (“the Student Support Regulations”).

Regulation 2 of these Regulations amends schedule 2 of the Fees Regulations to clarify that a person residing in Scotland on the relevant date as a result of having moved there for the purpose of undertaking a course of education is not to be considered as ordinarily resident in Scotland.

Regulation 3 of these Regulations amends the Student Support Regulations. Regulation 3(2) makes minor alterations to the definition of “loan”. Regulation 3(3) amends the definition of “refugee” to clarify that the spouse, civil partner or child of a refugee must have that status at the date that their application for student support is received by the Scottish Ministers. Regulation 3(4) amends schedule 3 of the Student Support Regulations to clarify that a person residing in Scotland on the relevant date as a result of having moved there for the purpose of undertaking a course of education is not to be considered as ordinarily resident in Scotland.

Regulation 4 and the schedule of these Regulations revoke the Education (Fees and Awards) (Scotland) Regulations 2007 and relevant amending enactments.