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The Education (Fees and Awards) (Scotland) Regulations 2007

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11.  A person shall be an excepted student if–

(a)that person has not been ordinarily resident in the United Kingdom and Islands throughout the 3 year period referred to in regulation 5(a); or

(b)being a United Kingdom national or a non UK EC national or the child of such a person, that person has not been ordinarily resident in the European Economic Area and Switzerland throughout that 3 year period; or

(c)by reason only that that person, their spouse or civil partner, or either of their parents, or 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 temporarily either employed or studying outside the United Kingdom and Islands or, as the case may be, outside the European Economic Area or Switzerland.

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