1. The conditions prescribed for the purposes of regulation 4(1)(b)(i) are that, subject to paragraphs 3 and 4 below, the student—
(a)is on the relevant date ordinarily resident in England and Wales for the purposes of the Education Act 1962(1), read with the regulations for the time being in force made under section 1 of and Schedule 1 to that Act (but disregarding any provision in such regulations corresponding to paragraph 3 of this Schedule) (2);
(b)throughout the three years preceding the relevant date has been ordinarily resident in the British Islands or, in the case of such a person as is mentioned in paragraph 2 below, has been so resident in the European Community; and
(c)has not during any part of the said three year period been resident in the British Islands or, in the case of such a person as is mentioned in paragraph 2 below, the European Community wholly or mainly for the purpose of receiving full-time education.
1962 c. 12: the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c. 20).
The regulations in force on the date these Regulations are made are the Education (Mandatory Awards) Regulations 1992 (S.I. 1992/1270) and the provision therein corresponding to paragraph 3 of the Schedule to these Regulations is regulation 5(4).