
2025 No. 136
Education
The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025
Made 29th April 2025
Laid before the Scottish Parliament 1st May 2025
Coming into force 1st August 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(3), 73(f), 73B and 74(1) of the Education (Scotland) Act 1980, section 1 of the Education (Fees and Awards) Act 1983 and all other powers enabling them to do so.
Citation and commencement
1 
These Regulations may be cited as the Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 and come into force on 1 August 2025.
Amendment of the Education (Fees) (Scotland) Regulations 2022
2 
In the Education (Fees) (Scotland) Regulations 2022, in schedule 2 (ordinary residence)—
(a) for paragraph 1(2) substitute—“
(2) For the purposes of regulation 3(a) and schedule 1, a student 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.”,
(b) omit paragraph 3(3).
Amendment of the Student Support (Scotland) Regulations 2022
3 

(1) The Student Support (Scotland) Regulations 2022 are amended as follows.
(2) In regulation 2 (interpretation) for the definition of “loan” in paragraph (1) substitute—“
 “loan” means in relation to—
(a) a student undertaking a course at an RUK institution, a loan towards that student’s tuition fees,
(b) a student undertaking a taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a research course leading to a postgraduate masters degree, a loan towards that student’s tuition fees,
(c) a student undertaking a full-time (but not a part-time) taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a full-time (but not a part-time) research course leading to a postgraduate masters degree, a loan towards that student’s maintenance,
(d) a student who is a person mentioned in paragraph 2(3) (EU nationals etc. with protected rights who have been living in the UK and Islands for three years) of schedule 1 or in schedule 2, a loan towards that student’s tuition fees,
(e) any other student, a loan towards that student’s maintenance,under the Act and any regulations made under the Act, including the interest accrued on the loan and any penalties or charges made in connection with it..”.
(3) In paragraph 8 of schedule 1 (refugees)—
(a) in the opening words after “who” insert “at the date that the Scottish Ministers received their application for student support”,
(b) for sub-paragraph (a) substitute—“
(a) is a refugee who has been ordinarily resident in the United Kingdom and Islands since that person was first recognised as a refugee, and is resident in Scotland on the relevant date, or”.
(4) In schedule 3 (ordinary residence)—
(a) for paragraph 1(2) substitute—“
(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.”,
(b) in paragraph 3, omit sub-paragraphs (3) and (4).
Revocations
4 
The enactments specified in the schedule are revoked.
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th April 2025
SCHEDULE
Revocations
Regulation 4
1 
The Education (Fees and Awards) (Scotland) Regulations 2007.
2 
The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007.
3 
The Education (Fees and Awards for EC Nationals and UK Returners) (Scotland) Regulations 2009.
4 
The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009.
5 
The Education (Fees and Awards) (Scotland) Amendment Regulations 2010.
6 
The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012.