Date Legislation considered: 20 July 2023
Date Legislation in Force: 01 August 2023
Potential Right(s) Affected: Residence
What does the legislation do?
Regulation 2(2) amends regulation 3 of the Education (Fees) (Scotland) Regulations. The effect of the amendment is to include persons (other than persons who has applied for refugee status) granted leave to enter or remain in the UK (which has not expired), and the spouse, civil partner or child of those persons, within the ambit of students having a “relevant connection with Scotland”. This, in turn, enables a wider group of students to access home fee status.
Regulation Article 3(5)(a) amends Schedule 1 to the Student Support (Scotland) Regulations 2022. The effect of the amendment is, similarly, to include persons (other than persons who has applied for refugee status) granted leave to enter or remain in the UK (which has not expired), and the spouse, civil partner or child of those persons, within the list of persons entitled to various kinds of student support.
The provisions described above replace long residency provision ruled as unlawful in Jasim v Scottish Ministers.
While these changes could result in citizens with rights under the Withdrawal Agreement and EEA EFTA Separation Agreement now having a “relevant connection with Scotland”, therefore not being subject to higher fees, this does not have a practical impact. This is because those with rights under those Agreements are already “excepted students” and therefore cannot be subject of higher fees. The same applies in relation to eligibility for student support.
The Regulations also make provision for matters considered, on an analysis, irrelevant in the context of the IMAs functions. Those provisions include changes to eligibility criteria in relation to children of asylum seekers and young asylum seekers, Ukrainian nationals and postgraduate courses taken in UK institutes outside of Scotland; changes enabling the payment of education maintenance allowance to college students; and changes enabling ex-gratia payments.
The totality of changes made by the Amending Regs is summarised in the policy note laid alongside the Regulations.
The IMA raises no issues of concern in relation to the Regulations.
The IMA raises no issues of concern at this stage, however any citizen experiencing difficulties in exercising their rights are encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.