Date Legislation considered: 19 December 2022
Date Legislation in Force: 10 February 2023
Potential Right(s) Affected: Residence/Equal Treatment/Discrimination/Worker’s Rights
What does the legislation do?
The St Mary’s Music School (Aided Places) (Scotland) Amendment (No.2) Regulations 2022 (“the 2022 Regulations”) amend the St Mary’s Music School (Aided Places) (Scotland) Regulations 2015 (“the 2015 Regulations”), which provide the legislative framework for the administration of the aided places scheme for pupils attending St Mary’s Music School in Scotland.
The legislation corrects deficiencies in the St Mary’s Music School (Aided Places) (Scotland) Amendment Regulations 2022 that were identified by the IMA in a previous review.
The policy note accompanying the legislation provides “The purpose of the instrument is to make further amendments to the provisions relating to EEA and Swiss nationals to ensure that they remain eligible to apply to the aided places scheme (‘the Scheme’) for pupils attending St Mary’s Music School (‘the School’) following the UK’s Exit from the EU.”
Paragraph 2 of Schedule 1 to the 2015 Regulations (as amended) sets out the residence conditions which need to be met to receive assistance by way of an aided place.
The 2022 Regulations amend the residence conditions to provide that EU, EEA EFTA citizens and their family members who have applied to the EU Settlement Scheme, been granted status or who have deemed rights under the Citizens’ Rights Agreements are eligible to apply to the aided places scheme as long as they are resident in the British Islands on the relevant date, which is 1st January in the year that their aided place would start. The residency requirement does not apply to children who are frontier workers or family members of frontier workers.
The IMA raises no issues of concern, 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.