Regulation 4(1)(b)(i)
SCHEDULEConditions of eligibility
1. The conditions prescribed for the purposes of regulation4(1)(b)(i) are that, subject to paragraphs 3 and 4 below, thestudent—
(a)is on the relevant date ordinarily resident in England and Walesfor the purposes of the Education Act 1962(1), read with the regulations for the time being in forcemade under section 1 of and Schedule 1 to that Act (but disregarding anyprovision in such regulations corresponding to paragraph 3 of thisSchedule)(2);
(b)throughout the three years preceding the relevant date has beenordinarily resident in the British Islands or, in the case of such aperson as is mentioned in paragraph 2 below, has been so resident in theEuropean Community; and
(c)has not during any part of the said three year period been residentin the British Islands or, in the case of such a person as is mentionedin paragraph 2 below, the European Community wholly or mainly for thepurpose of receiving full-time education.
2. The person mentioned in paragraph 1(b) or 1(c) above is a person to whom Article 7(2) or (3) or Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement for workers within the Community(3) applies.
3. A person shall be treated for the purposesof paragraph 1 above as ordinarily resident in England and Wales, in theBritish Islands, or in the European Community if he would have been soresident but for the fact that he, his spouse or his parent, guardian orany other person having actual custody of him during his minority is, orwas, temporarily employed outside England and Wales, outside the BritishIslands or, as the case may be, outside the European Community andparagraph (1)(c) above shall not apply in the case of such a person.
4.—(1) A person shall be treated for the purposes ofparagraph 1 above as having been ordinarily resident in the BritishIslands throughout the three years preceding the relevant date if he isa British citizen within the meaning of the British Nationality Act1981(4) and—
(a)he was not so resident only because he was ordinarily resident forthe purposes of employment in the European Community during every partof that period in which he was not ordinarily resident in the BritishIslands; or
(b)(i)he was not so resident throughout that period only becausehis parent is such a person as is mentioned in sub-paragraph (a), and
(ii)his parent is ordinarily resident in Great Britain on the relevant day.
(2) In sub-paragraph (1) above“parent” includes a guardian and any other person having actual custody of aminor, and“relevant day” means—
(i)where the person had entered the United Kingdom before the dayone month earlier than that of the beginning of the term in which hecommences his course, that day;
(ii)where he had not so entered the United Kingdom, the day of thebeginning of that term.
5. In this Schedule—
“European Community” means the territory comprised by the member states of the EuropeanEconomic Community as constituted from time to time and, as respects anyperiod prior to the unification of the Federal Republic of Germany withthe former German Democratic Republic, that former Republic; and
“the relevant date” means the first day of the course.
Signed by authority of the Secretary of State for Education and Science
Alan Howarth
Parliamentary Under Secretary of State,
Department of Education and Science
3rd June 1991
Signed by authority of the Secretary of State for Scotland
Michael Forsyth
Minister of State, Scottish Office
3rd June 1991
1962 c. 12: the relevant provisions, as amended, are setout in Schedule 5 to the Education Act 1980 (c. 20).
The Regulations in force on the date these Regulationsare made are the Education (Mandatory Awards) Regulations 1990 (S.I.1990/1628) (as amended by S.I. 1991/827) and the provision thereincorresponding to paragraph 3 of the Schedule to these Regulations isregulation 5(4).
OJ No. L257, 19.10.68, p. 2 (OJ/SE 1968(II)) p. 475).