Citation, commencement and interpretation

1. These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2007.

2. —(1) Except as provided for by paragraph (2) these Regulations come into force on 16th July 2007.

(2) Regulations 4, 10 and 13 come into force on 1st September 2007.

3. In these Regulations, “the Principal Regulations” means the Education (Mandatory Awards) Regulations 2003( 3 ).

Revocation

4. The following provisions of the Education (Mandatory Awards) (Amendment) Regulations 2006( 4 ) are revoked—

(a) regulation 15; and

(b) the Schedule.

Amendment of the Principal Regulations

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

6. —(1) Regulation 2 is amended as follows.

(2) After the definition of “Certificate in Education”, insert—

“ “child of a Turkish worker” means a person who falls within paragraph 12 of Schedule 5A; ” .

(3) In the definition of “new academic term” for “2006”, substitute “2007”.

(4) For the definition of “new payment”, substitute—

“ “new payment” means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) ( No. 2) Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations 2005, the Education (Mandatory Awards) (Amendment) Regulations 2006 and the Education (Mandatory Awards) (Amendment) Regulations 2007; ” .

(5) For the definition of “old payment”, substitute—

“ “old payment” means a payment which would have been made under these Regulations, as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004, the Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations 2005 and the Education (Mandatory Awards) (Amendment) Regulations 2006, if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2007; ” .

(6) After the definition of “Switzerland Agreement”, insert—

“ “Turkish worker” means a Turkish national who—

7. —(1) Regulation 7 is amended as follows.

(2) In paragraph (1)(a) and (b) for “2005”, wherever it occurs, substitute “2006”.

8. —(1) Regulation 11 is amended as follows.

(2) For paragraph (2)(dg), substitute—

“ (dg) in the case of a person who—

(i) acquires the right of permanent residence as defined in Part 1 of Schedule 5A;

(ii) becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 5A;

(iii) becomes a family member of an EC national;

(iv) becomes the child of a Swiss national; or

(v) becomes the child of a Turkish worker,

where the application reaches the authority not later than four months after the date on which he acquired that right or status; ” .

(3) After paragraph (2)(dg), insert—

“ (dh) in the case of a child of a Turkish worker who—

(i) started a designated course on or after 1st September 2006 but before 1st September 2007; and

(ii) is applying for an award in respect of that course,

where the application reaches the authority by 16th November 2007; ” .

9. —(1) Regulation 25 is amended as follows.

(2) In paragraph (6)(a)(iv) omit “or”.

(3) After paragraph (6)(a)(iv) insert—

“ (v) the child of a Turkish worker; or ” .

(4) For paragraph (8)(a) substitute—

“ (a) from the sum payable in respect of fees under regulation 17 any amount payable before the date on which—

(i) the student became a European student;

(ii) the relevant person was recognised as a refugee;

(iii) the student acquired the right of permanent residence;

(iv) the student became a person described in paragraph 6(1)(a) of Part 2 of Schedule 5A;

(v) the student became the child of a Swiss national; or

(vi) the student became the child of a Turkish worker; and ”

10. —(1) Schedule 1 is amended as follows.

(2) For paragraph (iii), substitute—

“ (iii) in the case of a course at the University of Buckingham, £2,905 payable in four instalments of £726, £726, £726 and £727; ” .

11. —(1) Schedule 3 is amended as follows.

(2) In paragraph 1(3) of Part 1 for “or a Directive student”, substitute “, a Directive student or a child of a Turkish worker”.

(3) In paragraph 4(4) of Part 2 for “the Education (Student Support) Regulations 2006”, substitute “the Education (Student Support) Regulations 2007( 5 )”.

12. —(1) Schedule 5A is amended as follows.

(2) For paragraph 1(3), substitute—

“ (3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in the British Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,

is or was temporarily employed outside the relevant area. ” .

(3) For paragraph 1(4), substitute—

“ (4) For the purposes of sub-paragraph (3), temporary employment outside the British Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the British Islands as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces. ” .

(4) After paragraph 11, insert—

“ Children of Turkish workers

12. A person who—

(a) is the child of a Turkish worker; and

(b) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course. ” .

13. The figures in the third column of the table in the Schedule to these Regulations are substituted for the figures in the second column where they appear in the provisions of the Principal Regulations set out in the first column of the table.

Regulation 13

SCHEDULE NEW PAYMENT RATES