Citation, commencement and extent

1. —(1) These regulations may be cited as the Education (Student Support) (Amendment) Regulations 2005 and shall come into force on 15th June 2005.

(2) These regulations extend to England and Wales only.

Interpretation

2. In these regulations—

“the 2002 Regulations” means the Education (Student Support) (No.2) Regulations 2002( 2 )

“the 2005 Regulations” means the Education (Student Support) Regulations 2005( 3 ).

Amendment of the 2002 and 2005 Regulations

3. —(1) The 2002 Regulations shall be amended as follows.

(2) After regulation 6(2)(d) there is inserted the following sub-paragraph—

“ (e) he is a person mentioned in paragraph 9 of Schedule 1 the application must reach the Secretary of State not later than 15th March 2006 or 9 months after the first day of the academic year, whichever is the later. ”

(3) After paragraph 8 of Schedule 1 there is inserted the following paragraph—

“ 9. A person who on the first day of the first academic year of the course is a national of a Member State of the European Community or the child of such a national—

(a) who is claiming a grant or loan for living costs in respect of an academic year beginning on or after 1 September 2004;

(b) who is ordinarily resident in England and Wales on the first day of the first academic year of the course; and

(c) who has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course in the United Kingdom and Islands. ”

4. —(1) The 2005 Regulations shall be amended as follows.

(2) After “from 1 to 7” in regulations 13(2), 24(3), 34(7), 46(5) and paragraph 4(2) of Schedule 5 there is inserted “and 9”.

(3) After paragraph 7(b) of Schedule 2, there is inserted “and, (c) who does not fall within paragraph 9”.

(4) After paragraph 8 of Schedule 2 there is inserted the following paragraph—

“ 9. A person who on the first day of the first academic year of the course is a national of a Member State of the European Community or the child of such a national—

(a) who is ordinarily resident in England and Wales on the first day of the first academic year of the course; and

(b) who has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course in the United Kingdom and Islands. ”