1.—(1) For the purposes of paragraph 1(a) and paragraph [F19(1)(c)] of Schedule 1 a person shall be treated as being ordinarily resident in the area of the education authority on the qualifying day if the education authority are satisfied that that person was not so resident only because–S
(a)that person, their spouse or civil partner or either of their parents; or
(b)in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,
was [F2temporarily]–
(c)employed outside Scotland; or
(d)attending a course of study or undertaking postgraduate research outside Scotland.
(2) For the purposes of paragraph 1(a) of Schedule 1 and subject to sub paragraph (3), a person shall not be treated as being ordinarily resident in the area of the education authority on the qualifying day if the education authority are satisfied that their residence there on that day is in any sense attributable to, or connected with, any period of residence within 3 years immediately preceding the relevant date any part of which was wholly or mainly for the purpose of receiving full time education.
(3) Sub paragraph (2) shall not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971(1) as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38(2).
Textual Amendments
F1Word in sch. 2 para. 1(1) substituted (1.8.2021) by The Education (Fees and Student Support) (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/28), regs. 1, 9(a)
F2Word in sch. 2 para. 1(1) substituted (1.4.2012) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/72), regs. 1, 11(2)(b)
Commencement Information
I1Sch. 2 para. 1 in force at 1.8.2007, see reg. 1
O.J. No. L 158, 30.04.04, p.77.