Citation, commencement and interpretation

1. These Regulations may be cited as the Education (Grants etc.) (Dance and Drama) (England) (Amendment) (No. 2) Regulations 2005 and shall come into force on 31st January 2006.

2. In these Regulations “the Principal Regulations” means the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001( 2 ).

Amendment of the Principal Regulations

3. The Principal Regulations are amended in accordance with these Regulations.

4. In regulation 3(1) after “student”, (in the second place where that word occurs) insert “of a description mentioned in Part II of Schedule 1”.

5. In regulation 4(2), (3), (4) and (5), omit “Part 1” and “in Part 1”, wherever they appear.

6. For regulation 5(2), substitute the following paragraph—

“ (2) Any selection of a substituted student under paragraph (1) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated—

(a) at the same group of auditions as that at which the original student’s ability or aptitude was demonstrated; or, where no such selection is possible,

(b) at any other group of auditions. ”

7. In regulation 7(2), substitute “Schedule 2” for “Schedule 1”.

8. —(1) Schedule 1 is amended in accordance with this regulation.

(2) At the end of paragraph 9, add “and who does not fall within paragraph 11”.

(3) After paragraph 10, insert—

“ 11. 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—

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

(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;

(c) who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another member state by virtue of having exercised a Community right of free movement; and

(d) who, in a case where his ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b). ”

9. For Schedule 2 substitute the following Schedule—

Regulations 2, 4 and 7

“ SCHEDULE 2