In these Regulations–

• “academic year”, in relation to a course, means the period of twelve months beginning on the relevant date;

• “accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

• “the Act” means the Education (Scotland) Act 1980;

• “borrower” means a person to whom a loan has been made;

• “designated course” means a course designated by regulation 5 or by the Scottish Ministers under regulation 5;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19922 as adjusted by the Protocol signed at Brussels on 17th March 19933;

• “EEA migrant worker” has the meaning given to it in paragraph (5);

• “eligible student” means a person whom the Scottish Ministers have determined is eligible for a loan in connection with his attendance at a course in accordance with regulation 6 or 7;

• “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

• “European Economic area” means the European Community and, subject to the conditions laid down in the EEA Agreement, the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

• “the Islands” means the Channel Islands and the Isle of Man;

• “loan” means a loan towards a student’s maintenance under the Act and any regulations made thereunder, including the interest accrued on the loan and any penalties or charges made in connection with it;

• “period”, in relation to an academic year, means one of the periods in that year from 1st January to 31st March, 1st April to 30th June, 1st July to 31st July, or 1st August to 31st December;

• “period of work experience” has the meaning given to it in regulation 5(3);

• “refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 19514 as extended by the Protocol thereto which entered into force on 4th October 19675 and any reference to the child of a refugee includes a reference to a step-child.

• “relevant date”, in relation to a course, means–

  1. a

     as respects a course starting in the period 1st August to 31st December, 1st August;

  2. b

     as respects a course starting in the period 1st January to 31st March, 1st January;

  3. c

     as respects a course starting in the period 1st April to 30 June, 1st April; and

  4. d

     as respects a course starting in the period 1st July to 31st July, 1st July,

  in each case the relevant date being in the year of commencement of the appropriate academic year of the course;

• “Repayment Regulations” means the Repayment of Student Loans (Scotland) Regulations 20006;

• “sandwich course” has the meaning given to it in regulation 5(2);

• “student loan account number” means the account number assigned by the lender to a loan made under the Act, the Education (Student Loans) Act 19907, the Education (Student Loans) (Northern Ireland) Order 19908, the Teaching and Higher Education Act 19989, the Education (Student Support) (Northern Ireland) Order 199810 or any regulations made under any of the foregoing; and

• “the 1999 Regulations” means the Education (Student Loans) (Scotland) Regulations 199911.

For the purposes of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 197112, a person shall be treated as ordinarily resident in Scotland, in the United Kingdom, in the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was, temporarily employed outside Scotland, the United Kingdom, the United Kingdom and Islands or, as the case may be, outside the European Economic Area and paragraph 7(c) of Schedule 1 shall not apply in the case of such a person.