The Education (Mandatory Awards) Regulations 1990

Other exceptions

13.—(1) An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course—

(a) upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b), has not been so resident . . . in the European Community . . .; or

(b) upon a person whose residence in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(2)(b), in a member state of the European Community, . . . has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or

(c) upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.

(2) Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee or was granted asylum, in the case of the spouse or child of such a refugee, or in the case of a person mentioned in paragraph (3).

(3) That person is a person who is a British citizen within the meaning of the British Nationality Act 1981(1)—

(a) who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the territory comprising the European Community during every part of that period in which he was not ordinarily resident in the British Islands; or

(b) (i) who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and

(ii) whose parent is ordinarily resident in England and Wales on the relevant day as defined in relation to that person by paragraphs (4) and (5) of regulation 9.

(4) In paragraph (3) “parent” includes a guardian or any other person having actual custody of a minor.

(1)

1981 c. 61.