11.—(1) Awards to be made by boards shall be subject to the terms and conditions set out in Schedule 3.
(2) Awards to be made by boards shall be either—
(a)a full award in respect of a persons attendance at a specified course during an academic year beginning after 31st August 1998—
(i)if the person concerned is ordinarily resident in the boards area or is a person described in paragraph (1)(b)(ii) of Schedule 1; and
(ii)the duty is not owed to the person only because he is a European student;
(b)where sub-paragraph (a) does not apply, a fees only award in respect of a persons attendance at a specified course at an institution in Northern Ireland during an academic year beginning after 31st August 1998 if the person is a European student.
(3) Where paragraph (2)(a) applies a person shall not be regarded as ordinarily resident in the area of the board as a result of having moved from England, Scotland, Wales, the Channel Islands or the Isle of Man to become ordinarily resident in the area of a board for the purpose of attending his current course or a previous course and shall be treated as being ordinarily resident in the place from which he has moved.
(4) Where paragraph (2)(b) applies the fees only award shall be made by the board in whose area the main facility of the institution is situated.
(5) The reference in paragraph (3) to a previous course is a reference to a course of further education or higher eduction which, disregarding an intervening vacation, the student was attending immediately before commencing his current course.