The Student Support (Scotland) Regulations 2022

• (a) is ordinarily resident in Scotland, and

• (b) is, or has been, lawfully employed in the United Kingdom.

PART 2 — PERSONS ELIGIBLE FOR TUITION FEE SUPPORT ONLY

EU nationals etc with protected rights who have not been living in the UK and Islands for 3 years

21

A person with protected rights who—

• (a) is either an EU national or the family member of an EU national,

• (ab) has not been ordinarily resident in the United Kingdom for the period of 3 years immediately preceding the relevant date,

• (b) seeks support in respect of a course of education at an establishment in Scotland, and

• (c) is ordinarily resident in the United Kingdom and Islands on the relevant date.

Persons who are children of asylum seekers or young asylum seekers

22

• (1) A person who—

• (a) is the child of an asylum seeker or is a young asylum seeker,

• (b) is resident in Scotland on the relevant date,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) was under 18 years old on the date when the application for asylum was made, ... and

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) seeks an allowance in respect of a course of education at an establishment of Scotland.

• (2) In this paragraph “young asylum seeker” means an unaccompanied asylum-seeker under the age of 18.

SCHEDULE 2 — PERSONS ELIGIBLE FOR TUITION FEE LOAN ONLY

United Kingdom nationals formerly resident in the EEA and Switzerland

1

• (1) A person who—

• (a) is—

• (i) a United Kingdom national, or

• (ii) a family member of a UK national,

• (b) was ordinarily resident on IP completion day—

• (i) in the territory comprising the European Economic Area and Switzerland, or

• (ii) in the United Kingdom and Islands, immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland from IP completion day to the relevant date,

• (c) is ordinarily resident in Scotland on the relevant date,

• (d) has been ordinarily resident in the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (e) is undertaking a course for which the relevant date is earlier than 31July 2028.

• (2) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

Residents of Ireland

2

A person who—

• (a) is an Irish national or a United Kingdom national,

• (b) is ordinarily resident in Ireland on the relevant date,

• (c) has been ordinarily resident in the United Kingdom and Islands or Ireland throughout the period of 3 years immediately preceding the relevant date, and

• (d) is undertaking a course in Scotland.

Residents of Gibraltar

3

A person who—

• (a) is—

• (i) a United Kingdom national, or

• (ii) an EU national with a right of residence in Gibraltar arising under the EU withdrawal agreement,

• (b) is ordinarily resident in Gibraltar,

• (c) is undertaking a course in Scotland,

• (d) has been ordinarily resident in the territory comprising the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (e) is undertaking a course for which the relevant date is earlier than 31July 2028.

SCHEDULE 3 — ORDINARY RESIDENCE

Ordinary residence on relevant date

1

• (1) For the purposes of schedules 1 and 2 a person is to be treated as being ordinarily resident in Scotland on the relevant date if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority, are satisfied that that person was not actually so resident only because—

• (a) that person or their spouse or civil partner or either of their parents, or

• (b) in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,

was temporarily employed outside Scotland, or attending a course of study or undertaking postgraduate research outside Scotland.

• (2) For the purposes of schedules 1 and 2, a person who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.

• (3) Sub-paragraph (2) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38.

Ordinary residence for specified period: general and interpretation

2

Paragraphs 3 to 5 apply in determining, for the purposes ...

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of schedules 1 and 2 whether a person is to be treated as having been or not having been ordinarily resident for the period specified in those schedules (in this schedule “specified period”) in the United Kingdom, the Islands, Gibraltar, Ireland, the European Economic Area or Switzerland or the EU overseas territories or Turkey (in this schedule “relevant area”).

Ordinary residence for specified period: exclusion for education purposes

3

• (1) A person is not to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education.

• (2) Sub-paragraph (1) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in the United Kingdom, Islands, Gibraltar or in the territory comprising the European Economic Area and Switzerland immediately before the start of that period of residence.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ordinary residence for specified period: length of residence requirements for dependent and independent students born in the relevant area

4

• (1) A person is to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was born and has spent the greater part of their life in the relevant area and that—

• (a) one or more parent has been ordinarily resident in the relevant area throughout the specified period and that person is not an independent student, or

• (b) that person has been ordinarily resident in the relevant area for at least 1 year of the specified period and no part of that period of residence was wholly or mainly for the purpose of receiving full-time education.

• (c) Sub-paragraph (1)(b) does not apply to those qualifying by virtue of paragraph 2 (“EU nationals etc with protected rights”) of schedule 1 in relation to student loans issued under regulation 11 (students eligible for student loans).

• (2) Subject to sub-paragraph (4), “independent student” means a student who on the relevant date—

• (a) is aged 25,

• (b) is married or in a civil partnership,

• (c) has no parent living,

• (d) has the care of a person under the age of 18 who is wholly or mainly financially dependent on them, or

• (e) has supported themselves out of their earnings for periods aggregating not less than 3 years.

• (3) In sub paragraph 2(e) a student is regarded as having supported themselves out of their earnings for any period during which that student–

• (a) was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency (national, regional or local),

• (b) was in receipt of benefit payable by any such state authority or agency, in respect of a person who is available for employment but who is unemployed,

• (c) was available for employment and had complied with any requirement of registration imposed by a state authority or agency as a condition of entitlement for participation in arrangements for training or receipt of benefit,

• (d) received any pension, allowance or other benefit paid by reason of a disability to which that person is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, by an employer or any former employer or by any other person, or

• (e) held an advanced postgraduate award or comparable award.

• (4) For the purposes of Part 6 (education maintenance allowances), “independent student” in sub-paragraph (1)(a) means a person who on the relevant date—

• (a) is married or in a civil partnership,

• (b) has no parent or guardian living,

• (c) does not reside with, has no regular contact with and receives no financial support from a parent or guardian,

• (d) is a parent to whom child benefit is being paid,

• (e) is in receipt of income support, universal credit or income-related employment and support allowance payable under Part 1 (employment and support allowance) of the Welfare Reform Act 2007[^f00034],

• (f) is a person being looked after and provided with accommodation by a local authority or equivalent organisation, or

• (g) is a person, formerly looked after by a local authority or equivalent organisation, who does not reside with, has no regular contact with and receives no financial support from a parent or guardian.

Ordinary residence for specified period: temporary absence for employment or study

5

A student is treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was not actually so resident in the relevant area for the specified period only because—

• (a) that student, or their spouse or civil partner, or either of their parents, either of their guardians or any other person having parental responsibility for that person, or

• (b) in the case of a dependant direct relative in the ascending line, the child upon whom that student was dependent or that child’s spouse or civil partner,

was temporarily employed outside the relevant area, or attending a course of study or undertaking postgraduate research outside the relevant area.

SCHEDULE 4 — DESIGNATED COURSES

PART 1 — COURSES DESIGNATED FOR STUDENT LOANS AND STUDENT LOANS FOR TUITION FEES

1

A first degree course other than a course referred to in paragraph 3.

2

A course for the Diploma of Higher Education.

3

A course for the initial training for teachers, including such a course leading to a first degree.

4

A course for the further training of teachers or youth and community workers.

5

A course in preparation for a professional examination of a standard higher than that of—

• (a) examinations at advanced level for the General Certificate of Education,

• (b) the examination at higher level for the Scottish Certificate of Education, or

• (c) the examination for the National Certificate or the National Diploma of Qualifications Scotland,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

6

A course providing education (whether or not in preparation for an examination) the standard of which is—

• (a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 5(a), (b) or (c) above, but

• (b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

7

A course for the Certificate of Higher Education.

PART 2 — COURSES DESIGNATED FOR STUDENT LOANS ONLY

8

A course for the Higher National Diploma or Higher National Certificate of Qualifications Scotland.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — REVOCATIONS

Regulations revoked	References
The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006	S.S.I. 2006/333
The Education Authority Bursaries (Scotland) Regulations 2007	S.S.I. 2007/149
The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007	S.S.I. 2007/151
The Students’ Allowances (Scotland) Regulations 2007	S.S.I. 2007/153
The Education (Student Loans) (Scotland) Regulations 2007	S.S.I. 2007/154
The Education Maintenance Allowances (Scotland) Regulations 2007	S.S.I. 2007/156

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 2022-05-04

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate the Students’ Allowances (Scotland) Regulations 2007 (S.S.I. 2007/153), (“the Allowances Regulations”), the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (S.S.I. 2007/151), (the Nursing and Midwifery Allowances Regulations”), the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154), (“the Student Loans Regulations”), the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (S.S.I. 2006/333), (“the SLTF Regulations”), the Education Authority Bursaries (Scotland) Regulations 2007 (S.S.I. 2007/149) (“the Bursaries Regulations”) and the Education Maintenance Allowances (Scotland) Regulations 2007 (S.S.I. 2007/156) (“the EMA Regulations”).

In addition to minor and drafting alterations, these Regulations revoke and replace those six sets of regulations and make amendments to extend eligibility of student support to new categories of students. These include Afghan nationals who have been granted leave under the Afghan Resettlement Scheme or under the Afghan Relocation and Assistance Policy Scheme (paragraph 13 of schedule 1) and those who have applied to the Ukraine Family Scheme, Ukraine Sponsorship Scheme, the Ukraine Extension Scheme or for leave outside the immigrations rules, and have either been granted leave or have an outstanding application to that scheme (paragraph 14 of schedule 1.)

Parts 2 to 6 regulate the exercise by the Scottish Ministers or education authorities of their powers under the Education Scotland Act 1980 to pay student support to or for persons who fulfil certain criteria as to eligibility and they prescribe the conditions and requirements subject to which student support may be paid.

Part 2 consolidates the Allowances Regulations and regulates the provision of allowances provided to or for eligible students attending courses of education.

Part 3 consolidates the Nursing and Midwifery Allowances Regulations and extends support to those persons undertaking a course of education in paramedic science. This Part regulates the provision of allowances to or for persons undertaking courses of education in nursing and midwifery

Part 4 consolidates and amalgamates the Student Loans Regulations and SLTF Regulations. It regulates the provision of loans for students studying in Scotland, and loans for tuition fees for eligible students attending designated courses provided by an institution located in the UK but outside Scotland (“an RUK institution”).

Part 5 consolidates the Bursaries Regulations and regulates the provision by education authorities of bursaries for persons undertaking courses of study in their area.

Part 6 consolidates the EMA Regulations and regulates the provision of education maintenance allowances to persons undertaking courses of education.

Schedule 1 and 2 list the categories of students eligible for the various forms of student support.

Schedule 3 determines whether a person is to be treated as being, or having been, ordinarily resident in a place at, or for, a particular time.

Schedule 4 lists courses which are designated for the purposes of student loans or student loans for tuition fees at RUK institutions.

Schedule 5 lists the Regulations being revoked.

Footnotes

[^f00001]: 1980 c. 44. Section 73(f) was amended by section 29(1) of the Teaching and Higher Education Act 1998 (c. 30) (“the 1998 Act”) and section 3(2) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6) (“the 2001 Act”). Section 73B was inserted by section 29(2) of the 1998 Act and was amended by section 3(3) of the 2001 Act, paragraph 149(a) and (b) of schedule 6 of the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 34(1) of the Bankruptcy (Scotland) Act 2007 (asp 3) and paragraph 8 of schedule 8 of the Bankruptcy (Scotland) Act 2016 (asp 21). Section 74(1) was amended by paragraph 8(17) of schedule 10 of the Self Governing Schools etc. (Scotland) Act 1989 (c. 39). The functions of the Secretary of State, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act (c. 46).

[^f00002]: 2002 c. 41.

[^f00003]: S.I. 2020/1209.

[^f00004]: OJ L 158, 30.4.2004, p. 77.

[^f00005]: CP 2073 and OJ L 1, 3.1.1994, p.3.

[^f00006]: CP 2183 and OJ L 1, 3.1.1994, p.572.

[^f00007]: CP 217.

[^f00008]: 1971 c. 77.

[^f00009]: Cmnd 9171.

[^f00010]: Cmnd 3906.

[^f00011]: The residence scheme immigration rules can be viewed at: https://www.gov.uk/guidance/immigration-rules/immigration-rules-index.

[^f00012]: CP 64.

[^f00013]: OJ L 114, 30.4.2002, p. 6.

[^f00014]: The Nursing and Midwifery Council, a body corporate, was established by Article 3 of the Nursing and Midwifery Order (2001) (S.I. 2002/253).

[^f00015]: The Health and Care Professionals Council, a regulatory body, was established by Article 3 of the Health Professions Order 2001 (S.I. 2002/254).

[^f00016]: 1998 c. 30.

[^f00017]: S.I. 1990/1506 (N.I.11).

[^f00018]: S.I. 1998 /1760 (N.I. 14).

[^f00019]: 1968 c. 46.

[^f00020]: 2000 asp 6.

[^f00021]: United Kingdom Research and Innovation, a body corporate, was established by section 91 of Part 3 of the Higher Education and Research Act 2017 (c. 29).

[^f00022]: 1992 c. 13.

[^f00023]: S.I. 2001/544.

[^f00024]: 2016 asp 21.

[^f00025]: 1971 c. 77.

[^f00026]: 2020 No. 1213.

[^f00027]: OJ L 141, 27.5.2011, p.1.

[^f00028]: A copy of the Locally Employed Staff Ex-Gratia Scheme can be viewed at https://www.gov.uk/government/publications/afghanistan-locally-employed-staff-ex-gratia-scheme?msclkid=eb3bcf90c7b011ec9e31d7ef58015018.

[^f00029]: A copy of the Afghan Relocations and Assistance Policy Scheme can be viewed at https://www.gov.uk/government/publications/afghan-relocations-and-assistance-policy?msclkid=2a8bc686c7a511ec8a2b8132cb36424d.

[^f00034]: 2007 c. 5.

Editorial notes

[^key-5e75d59f9762f9f18b98141b0cf436ee]: Reg. 1 in force at 1.8.2022, see reg. 1

[^key-a7bb53e38bd4c64938041c7332bdba00]: Sch. 5 in force at 1.8.2022, see reg. 1

[^key-6876bd4bfac4a2f99f72d3b6ce3199a3]: Reg. 2 in force at 1.8.2022, see reg. 1

[^key-6f09697ee438a990205b562abc741a3e]: Reg. 29 in force at 1.8.2022, see reg. 1

[^key-699fb68276ac014b27550682c8e603c4]: Sch. 1 para. 2 in force at 1.8.2022, see reg. 1

[^key-136e748c9f299c7eb58427ad52b3b999]: Sch. 1 para. 6 in force at 1.8.2022, see reg. 1

[^key-a6c9d2f4ae48af4dc218d419a9c2feed]: Sch. 1 para. 14 in force at 1.8.2022, see reg. 1

[^key-d6fc977d0a5d6d7b1f53a6c2ce824f16]: Sch. 1 para. 21 in force at 1.8.2022, see reg. 1

[^key-18f3ba184cfe39bd4f5de4a0b47bae87]: Sch. 2 para. 2 in force at 1.8.2022, see reg. 1

[^key-99e33e5146b231efd6c16cc486181561]: Reg. 3 in force at 1.8.2022, see reg. 1

[^key-61647c6ebd8232bbcd8583c5d0301355]: Reg. 4 in force at 1.8.2022, see reg. 1

[^key-3f27e1934c1fba8f01681032a7a312bc]: Reg. 5 in force at 1.8.2022, see reg. 1

[^key-d9c7918ea3b7f71ada8308bf65d52ce9]: Reg. 6 in force at 1.8.2022, see reg. 1

[^key-69711ae76a745607f3f9cc1dbc6f9888]: Reg. 7 in force at 1.8.2022, see reg. 1

[^key-d9345343e71c0b609815343cd3fba30b]: Reg. 8 in force at 1.8.2022, see reg. 1

[^key-404c034d961943c2d9e9882e71e46c9a]: Reg. 9 in force at 1.8.2022, see reg. 1

[^key-9eb9325758cae656461efe04ffc77e7c]: Reg. 10 in force at 1.8.2022, see reg. 1

[^key-1554aa56d590769273d0ccb4fa1c3e7d]: Reg. 11 in force at 1.8.2022, see reg. 1

[^key-4c8125d493b9e0997be9e7158da45bb5]: Reg. 12 in force at 1.8.2022, see reg. 1

[^key-2721dc6099747f2608801542b6e999a5]: Reg. 13 in force at 1.8.2022, see reg. 1

[^key-b744189d89577e0fc7106c7b5d49a8aa]: Reg. 14 in force at 1.8.2022, see reg. 1

[^key-41fec0898aa34d150653aaa5e45227a7]: Reg. 15 in force at 1.8.2022, see reg. 1

[^key-aef124f57a55cc147d079ab3aaf87d5d]: Reg. 16 in force at 1.8.2022, see reg. 1

[^key-1af5f3d9daecc1982c260c3a670b927a]: Reg. 17 in force at 1.8.2022, see reg. 1

[^key-fcb3e5272df0e83f2cb64cef21929e23]: Reg. 18 in force at 1.8.2022, see reg. 1

[^key-8c32fcb298bddeabda88ac8399350c72]: Reg. 19 in force at 1.8.2022, see reg. 1

[^key-6fc42ed2fd89895d3472030acbed8240]: Reg. 20 in force at 1.8.2022, see reg. 1

[^key-c2121b9c67648f33a4549419418bf9f8]: Reg. 21 in force at 1.8.2022, see reg. 1

[^key-7f7374ac5bda3446c479edd0a595c9bb]: Reg. 22 in force at 1.8.2022, see reg. 1

[^key-8d1cd95e2030992923cb3879c95b8b87]: Reg. 23 in force at 1.8.2022, see reg. 1

[^key-da4c92f1f7b671093fff9d5e685a8a83]: Reg. 24 in force at 1.8.2022, see reg. 1

[^key-4cce20d751501af4e53a2a51d4429fd6]: Reg. 25 in force at 1.8.2022, see reg. 1

[^key-86843bcf5858f17566f176b2cf851e7f]: Reg. 26 in force at 1.8.2022, see reg. 1

[^key-f8a5cb628b888aacf0a2fd9b32c3c135]: Reg. 27 in force at 1.8.2022, see reg. 1

[^key-f4c99331facebcd28fb660abf2808dcd]: Reg. 28 in force at 1.8.2022, see reg. 1

[^key-5f3cbb799c47c05794f5c7f00f2f4136]: Reg. 30 in force at 1.8.2022, see reg. 1

[^key-0fd7924e19ed15be96119bdef734d24c]: Reg. 31 in force at 1.8.2022, see reg. 1

[^key-c97773fe4998c291ea82fbf9637b3148]: Reg. 32 in force at 1.8.2022, see reg. 1

[^key-d931575c828815c08a67e805a3022242]: Sch. 1 para. 1 in force at 1.8.2022, see reg. 1

[^key-59dcd65125c491ff07f3a7d7b9f98f7c]: Sch. 1 para. 3 in force at 1.8.2022, see reg. 1

[^key-96cf157b17072c5a1e67d104a4eabfa6]: Sch. 1 para. 4 in force at 1.8.2022, see reg. 1

[^key-fefb8ea7f786c7130e5d6cfb0b869b9f]: Sch. 1 para. 5 in force at 1.8.2022, see reg. 1

[^key-d31e6ffdd57ac6e8dfe2c2e9b6f3087c]: Sch. 1 para. 7 in force at 1.8.2022, see reg. 1

[^key-fd63a312035a963b0855b4241df126f6]: Sch. 1 para. 9 in force at 1.8.2022, see reg. 1

[^key-a1f32dc2737aa7c7f9090b851f3fe249]: Sch. 1 para. 10 in force at 1.8.2022, see reg. 1

[^key-56f4132f25288e5c074a3245618d954a]: Sch. 1 para. 11 in force at 1.8.2022, see reg. 1

[^key-ea8917e74ddd69295f5ece20b1be6131]: Sch. 1 para. 12 in force at 1.8.2022, see reg. 1

[^key-804c6fd13a834420f7acf6ae0db97232]: Sch. 1 para. 13 in force at 1.8.2022, see reg. 1

[^key-0d3ec9b264b4e1acdac9ef8e57cefe42]: Sch. 1 para. 15 in force at 1.8.2022, see reg. 1

[^key-709a400ed681b7e8bac408499221fe22]: Sch. 1 para. 16 in force at 1.8.2022, see reg. 1

[^key-78d27854bf50bc56d297128ecf7e3711]: Sch. 1 para. 17 in force at 1.8.2022, see reg. 1

[^key-fe7f31be4421631ce92caeb13efa961a]: Sch. 1 para. 18 in force at 1.8.2022, see reg. 1

[^key-ed300a6c0b5ad53cc09dc3070f07db4c]: Sch. 1 para. 19 in force at 1.8.2022, see reg. 1

[^key-bf6d4e93c45e7f421067d2a37b35051c]: Sch. 1 para. 20 in force at 1.8.2022, see reg. 1

[^key-9a2c16174a54e7989d4f03e4dcec63f7]: Sch. 1 para. 22 in force at 1.8.2022, see reg. 1

[^key-c0549f39346b754e0cbc0a4e335d6933]: Sch. 2 para. 1 in force at 1.8.2022, see reg. 1

[^key-1043bb07b4de5e596d92d0c0b2a170f5]: Sch. 2 para. 3 in force at 1.8.2022, see reg. 1

[^key-865b684625745cec96cca3ed474967f1]: Sch. 3 para. 1 in force at 1.8.2022, see reg. 1

[^key-c859ca36d49643623e95962283a4a8d5]: Sch. 3 para. 2 in force at 1.8.2022, see reg. 1

[^key-d2bfdbd79d2edb3e5a8aec794ab74774]: Sch. 3 para. 3 in force at 1.8.2022, see reg. 1

[^key-900f7eb85055ad7a13ee0ad454663c40]: Sch. 3 para. 4 in force at 1.8.2022, see reg. 1

[^key-8f0959336abc6a32427f21b412df33dc]: Sch. 3 para. 5 in force at 1.8.2022, see reg. 1

[^key-af3c7bb4ae51769495724df22d803e0a]: Sch. 4 para. 1 in force at 1.8.2022, see reg. 1

[^key-da54fa9bfca95aeecd21709fbf1c5244]: Sch. 4 para. 2 in force at 1.8.2022, see reg. 1

[^key-291df55a1690a5ac23f7bb2cf95d961f]: Sch. 4 para. 3 in force at 1.8.2022, see reg. 1

[^key-9da8db63022448f17bac7a2fbc99e359]: Sch. 4 para. 4 in force at 1.8.2022, see reg. 1

[^key-40954c90765fa508e1d4fb542486a275]: Sch. 4 para. 5 in force at 1.8.2022, see reg. 1

[^key-02030fc4947326273749df18e34dbc9b]: Sch. 4 para. 6 in force at 1.8.2022, see reg. 1

[^key-9db11eb7e79459e884b71134fbd2401e]: Sch. 4 para. 7 in force at 1.8.2022, see reg. 1

[^key-fc8686dcc2c5b07237c5da08060bac13]: Sch. 4 para. 8 in force at 1.8.2022, see reg. 1

[^key-fa47675ab7ed98a6c54d0488f61361cd]: Sch. 4 para. 9 in force at 1.8.2022, see reg. 1

[^key-b52aac048129e2a4fb8c7c2423a0f3c1]: Sch. 4 para. 10 in force at 1.8.2022, see reg. 1

[^key-7d4d728fb4d7b4bac4b6589fc2289ef3]: Sch. 4 para. 11 in force at 1.8.2022, see reg. 1

[^key-6ccd9aba8a4bf72f2691f23cf7f3dc7d]: Words in sch. 1 para. 6(a) inserted (2.2.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(5)

[^key-9a4477f741ef4601f8fe0e2e5e0138fc]: Sch. 1 para. 13A inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(6)

[^key-89658510d6ad7da102dbe57a6c466be2]: Sch. 1 para. 14A inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(8)

[^key-570c3dfaf6d7a4100a94292bb72e1b72]: Words in reg. 2(1) inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(2)

[^key-d05a95daeb98573cf4fc63738ff9468a]: Words in reg. 2(1) inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(2)(a)

[^key-23c7a3123df70a585a94c59cb79cb61f]: Words in reg. 2(3) inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(2)(b)

[^key-72b0f174e28049db25d237eaec9716ba]: Words in reg. 13(1)(d) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(3)

[^key-e299c5132fe1f811275c50b079140d40]: Words in reg. 29(1)(c) inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(3)

[^key-18148638942030f63f8717a7a8662760]: Words in reg. 29(1) inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(4)(a)

[^key-d386f40f67ef8fd4fa9c4113d7caae96]: Words in reg. 29(3)(a) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(4)(b)(i)

[^key-8e239d74b1325098761690c8743eec67]: Reg. 29(3)(a)(iv) and word inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(4)(b)(ii)

[^key-62af240abb297ca2660e1d57ca54af44]: Sch. 1 para. 1(c)(ii)(iii) substituted for sch. 1 para. 1(c)(ii)-(v) (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(5)(a)

[^key-9e92766544bde6ebe794b58ae70729c0]: Sch. 1 para. 2(2)(a) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(4)

[^key-8021f5fd80080f15666cda948106055e]: Sch. 1 para. 2(2)(b) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(4)

[^key-2976b983edd720cca5a8f90c3cce59db]: Sch. 1 para. 21(ab) inserted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(9)

[^key-1221dbc32c55e9b8c09d1dc317c28e00]: Sch. 1 para. 22(1)(c) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(5)(c)(i)

[^key-f01dfba16c444620b144bd10f3c00fcd]: Sch. 1 para. 22(1)(e) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(5)(c)(i)

[^key-7886d9daf2e5cd00b9b4e5691dc242bb]: Words in sch. 1 para. 22(1)(d) omitted (1.8.2023) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(5)(c)(ii)

[^key-f26bd36d27926ba32ac309a2a673cebc]: Sch. 2 para. 2(c) substituted (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/362), regs. 1, 3(10)

[^key-03179885d19198759534542342872da1]: Words in reg. 2(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 40

[^key-ec1c4d05358b664d1b54a089cc7180d1]: Sch. 4 paras. 9-11 omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(23)

[^key-86d5e86d5a597388175de4e06aac94b6]: Sch. 4 paras. 7A-7C inserted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(22)

[^key-d1d7c651bed56d9b53002b0c6a91f1dc]: Sch. 1 para. 13B inserted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(13)

[^key-0c23a93ff2d9526b068902098c7d45e1]: Sch. 1 para. 17A inserted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(18)

[^key-563e25ecb974c62e5f4a6277659cdf97]: Sch. 3 para. 2(a)-(h) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(21)(b)

[^key-3416f21bb970881c678ab6a4d78b7f2e]: Word in sch. 3 para. 2 omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(21)(a)

[^key-92228697811507dce892e1cfc48ce220]: Words in sch. 3 para. 2 substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(21)(c)

[^key-8fba01c0edb0ffb510d6ccbb10ea07cc]: Words in sch. 3 para. 2 substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(21)(d)

[^key-fa13db1cc08ad460a9841da495b42d8f]: Words in reg. 2(1) inserted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(2)

[^key-3a75fc695ca834a660708e5d19a51bb2]: Word in reg. 11(2)(d) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(3)(a)

[^key-3e33dbeb098b0cea61a7bbfcb2144a6f]: Reg. 11(2)(d)(vi) and word inserted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(3)(b)

[^key-a7ec1002adf9270585437ca423238970]: Reg. 20(1) substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(4)

[^key-af35052efca51f0920c01e48ad32180f]: Reg. 22(4) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(5)

[^key-12a4cda97812c93f44c8c145d4dc9c1c]: Sch. 1 para. 1 heading substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(6)

[^key-d587a0c5a501b8de8ef45b4f6d678f72]: Sch. 1 para. 8 substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(7)

[^key-aa43954274e0d9eed2a59bfe11d1bd2c]: Words in sch. 1 para. 9(a)(ii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(8)(a)

[^key-987ef39ccfbf80d7ed8284b64d1656c7]: Word in sch. 1 para. 9(a)(iii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(8)(b)

[^key-f890dd47e9496c0f6938785c48c0d1eb]: Words in sch. 1 para. 10(a)(ii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(9)

[^key-5db3fcb1bb6d49f705e4dee6d325a38d]: Words in sch. 1 para. 11(a)(ii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(10)

[^key-177936932489afaeb5095de77e3bd4a3]: Words in sch. 1 para. 12(a)(ii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(11)

[^key-c067a35d8a64aff6621badeb61d015d4]: Words in sch. 1 para. 13(a)(ii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(12)

[^key-593f10b8ea3fe029a6e30503218aa131]: Sch. 1 para. 14 substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(14)

[^key-8f308f5ca9eb918c035b217857d54ea3]: Words in sch. 1 para. 15(a)(ii) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(15)

[^key-a4ebba6b41cebd21b67dece79020b660]: Words in sch. 1 para. 16(1)(b) omitted (1.8.2024) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(16)

[^key-394825d55532e4459f4751626dc59a99]: Sch. 1 para. 17(a)(i)(ii) substituted for sch. 1 para. 17(a)(i)-(iii) (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(17)(b)

[^key-1e036e33e24751f06fa516bcde872231]: Words in sch. 2 para. 2 substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(19)

[^key-8994f1f9cded870a8d4037cc1d9a82f5]: Words in sch. 3 para. 1(1) substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(20)

[^M_F_b6c7d8ca-3c09-4b5d-fe51-9f3f3528556c]: Words in sch. 1 para. 17 and heading substituted (1.8.2024) by The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024 (S.S.I. 2024/140), regs. 1, 3(17)(a)

[^key-8bcb7cb6ad92f4e89fcb853ff19674db]: Words in reg. 2(1) substituted (1.8.2025) by The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(2)

[^key-e96cb7d18b7a7342e7686b332f006e7b]: Words in sch. 1 para. 8 inserted (1.8.2025) by The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(3)(a)

[^key-ad5aaa285f053124e285b3c543cb3bfc]: Sch. 1 para. 8(a) substituted (1.8.2025) by The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(3)(b)

[^key-2ec06a9aaa1e3d67758407204386558d]: Sch. 3 para. 1(2) substituted (1.8.2025) by The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(4)(a)

[^key-6a355b0b42be64231e7f1b4ef16346fe]: Sch. 3 para. 3(3) omitted (1.8.2025) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(4)(b)

[^key-d3f9421283f87965874191cc656aabad]: Sch. 3 para. 3(4) omitted (1.8.2025) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(4)(b)

[^key-609c23c427e633f4a61a76c99adc43b0]: Words in reg. 29(3)(b)(i) substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025 (S.S.I. 2025/385), reg. 1, sch. para. 9(2); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

[^key-d64bb5e0d8afa12528720c5d15548b19]: Words in sch. 4 para. 5(c) substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025 (S.S.I. 2025/385), reg. 1, sch. para. 9(3)(a); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

[^key-559216c2baf48f2deb168841e7175288]: Words in sch. 4 para. 8 substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025 (S.S.I. 2025/385), reg. 1, sch. para. 9(3)(b); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

Evacuated or Assisted British nationals from Afghanistan

13A

A person who—

• (a) is an evacuated or assisted British national from Afghanistan who—

• (i) has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan, and

• (ii) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.

Ukrainian nationals

United Kingdom nationals from Ukraine

14A

A person who—

• (a) is a United Kingdom national who—

• (i) was residing in Ukraine immediately before 1 January 2022,

• (ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022,

• (iii) has been ordinarily resident in the United Kingdom and Islands since arriving in the United Kingdom after leaving Ukraine, and

• (iv) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.

Persons granted stateless leave

Persons granted discretionary leave to remain as a victim of modern slavery

Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

Persons granted Calais leave

Children of Swiss nationals

Children of Turkish workers

Persons with relevant connection with Scotland

Female Afghan students

13B

A person who is a female Afghan national who—

• (a) was attending a course of study at a university or an equivalent institution in Afghanistan but has been prevented from continuing that course by the Taliban regime since 31 August 2021,

• (b) was residing in Afghanistan immediately before 30 January 2024,

• (c) has been granted leave to enter or remain in the United Kingdom and Islands under a student visa,

• (d) is resident in Scotland, and

• (e) is undertaking a course of higher education in Scotland.

Ukrainian nationals

United Kingdom nationals from Ukraine

Persons granted stateless leave

Persons granted discretionary leave to remain as a victim of modern slavery

Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse

Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse

17A

• (1) A person who—

• (a) has been granted indefinite leave to enter or remain in the United Kingdom,

• (b) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse,

• (c) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse,

• (d) was under 18 years old on the leave application date,

• (e) has been ordinarily resident in the United Kingdom since the person was granted such leave, and

• (f) is ordinarily resident in Scotland on the relevant date.

• (2) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.

Persons granted Calais leave

Children of Swiss nationals

Children of Turkish workers

7A

A taught course leading to a postgraduate diploma.

7B

A taught course leading to a postgraduate masters degree.

7C

A research course leading to a postgraduate masters degree.