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SCHEDULES

SCHEDULE 23General exceptions

Training provided to non-EEA residents, etc.

4(1)A person (A) does not contravene this Act, so far as relating to nationality, only by providing a non-resident (B) with training, if A thinks that B does not intend to exercise in Great Britain skills B obtains as a result.

(2)A non-resident is a person who is not ordinarily resident in an EEA state.

(3)The reference to providing B with training is—

(a)if A employs B in relevant employment, a reference to doing anything in or in connection with the employment;

(b)if A as a principal allows B to do relevant contract work, a reference to doing anything in or in connection with allowing B to do the work;

(c)in a case within paragraph (a) or (b) or any other case, a reference to affording B access to facilities for education or training or ancillary benefits.

(4)Employment or contract work is relevant if its sole or main purpose is the provision of training in skills.

(5)In the case of training provided by the armed forces or Secretary of State for purposes relating to defence, sub-paragraph (1) has effect as if—

(a)the reference in sub-paragraph (2) to an EEA state were a reference to Great Britain, and

(b)in sub-paragraph (4), for “its sole or main purpose is” there were substituted “it is for purposes including”.

(6)“Contract work” and “principal” each have the meaning given in section 41.