The Education (Fees and Awards) (Scotland) Regulations 1997

2.—(1) A person who is–

(a)a national of a member state of the European Community; or

(b)the child of such a national,

shall be an excepted student if he satisfies the conditions specified in sub-paragraph (2).

(2) The conditions referred to in sub-paragraph (1) are that–

(a)he has been ordinarily resident in the European Economic Area throughout the 3 year period referred to in regulation 6(a); and

(b)his residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education.