3. A person [F1with protected rights] who–S
(a)is–
F2(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)is entitled to support by virtue of [F3Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union], as extended by the EEA agreement;
(b)has been ordinarily resident in [F4the British Islands, Gibraltar or] the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date; and
(c)is–
(i)ordinarily resident in the area of the education authority on the qualifying day in relation to the course in respect of which that person seeks a bursary, or
(ii)not ordinarily resident on that day in the area of any education authority in Scotland and seeks a bursary in respect of a course of study at an educational establishment in the area of the education authority.
Textual Amendments
F1Words in sch. 1 para. 3 inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 8(b)(i)
F2Sch. 1 para. 3(a)(i) omitted (1.8.2021) by virtue of The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 8(b)(ii)
F3Words in sch. 1 para. 3(a)(ii) substituted (1.4.2013) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/80), regs. 1(2), 13(2)
F4Words in sch. 1 para. 3(b) inserted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 8(b)(iii)
Commencement Information
I1Sch. 1 para. 3 in force at 1.8.2007, see reg. 1