Statutory Instruments
2011 No. 1987
Education, England
The Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011
Made
9th August 2011
Laid before Parliament
11th August 2011
Coming into force
1st September 2011
The Secretary of State, in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983( 1 ) makes the following Regulations:
Citation, commencement and application
1. —(1) These Regulations may be cited as the Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011 and come into force on 1st September 2011.
(2) These Regulations apply in relation to England.
(3) The amendments made by regulation 2 do not apply in relation to a person where the first day of the first academic year of that person’s course is before 1st September 2011.
Amendment to the Education (Fees and Awards) (England) Regulations 2007
2.Paragraph 9 of Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007( 2 ) is amended as follows—
(a) in sub-paragraph (1)(c), before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”;
(b) after sub-paragraph (1), insert—
“ (1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EC national where that EC national—
(a) is—
(i) a United Kingdom national who has exercised a right to reside on the territory of another Member State under article 7(1) of Directive 2004/38; or
(ii) not a United Kingdom national;
and
(b) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course. ” .
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
9th August 2011
1983 c. 40 ; section 1 was amended by the Education Reform Act 1988 (c. 40) , section 237 and Schedule 12; the Further and Higher Education Act 1992 (c. 13) , section 93 and Schedule 8; the Education Act 1994 (c. 30) , section 24 and Schedule 2; the Education Act 1996 (c. 56) , section 582(1) and Schedule 37; the Learning and Skills Act 2000, section 149 and Schedule 9; the Education Act 2002 (c. 32) , section 215 and Schedule 21; the Education Act 2005, section 98 and Schedule 14; the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 ( S.I. 2010/1080 ), article 2 and Schedule 1 and the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 ( S.I. 2010/1158 ), article 5 and Schedule 2. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30) , section 44 and Schedule 4.
S.I. 2007/779 , as amended by S.I. 2007/1336 , S.I. 2007/2263 and S.I. 2011/87 .