The Education Fees Scotland Regulations 2022
Summary of Information
As part of the IMA’s remit to monitor what potential issues EU and EEA EFTA citizens may be facing, we monitor legislation and guidance from public authorities so that potential problems can be spotted before issues arise.
In June 2022 the IMA conducted a review of The Education Fees (Scotland) Regulations 2022 (“The Regulations”).
Further details of the legislation monitoring review can be found on our website.
Following this review, the IMA has been in contact with the Scottish Government and worked with them to agree how to resolve issues identified within the review.
Summary of Actions and Evidence
The subsequent actions to be completed by the Scottish Government are set out below:
- Confirm timescales for laying of the revised legislation (by March 31st, 2023 at the latest)
- Confirm whether a letter to the sector highlighting a gap in the legislation was sent to all higher education institutions in Scotland. (by November 11th, 2022)
- Confirm whether Scottish Government officials have now asked all higher education institutions in Scotland to contact them where they have not assessed any students with protected rights who have been living in the UK for less than 3 years as home fee students. (by November 30th, 2022)
- The Scottish Government to share the letter (referred to in paragraph 3 above) sent to institutions with the IMA and statistics relating to positive responses received and any corrective action undertaken on such cases. (by November 30th, 2022)
Summary of Decision
On the basis of the proposed actions that the Scottish Government has agree to, the IMA the IMA believes that potential concerns identified within the review can be resolved and the issue concluded as an Early Case Resolution.
The IMA will monitor the Scottish Government’s compliance with these actions with a proposed end date of 31 March 2023. An updated will be published at the end of the monitoring phase.
Update of Monitoring and Compliance
The IMA has concluded the Monitoring & Compliance period with the Scottish Government and consider the actions that have been completed will resolve the potential systemic issues identified.
However, should the IMA receive any further intelligence or complaints regarding the issue in future, further enquiries may be made with the relevant public authority, wherever necessary.
