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

Regulations 10 and 13

SCHEDULE 3 FEES AWARDS - EXCEPTED CANDIDATES

1.  In this Schedule “the relevant date” means, in relation to a candidate for a fees award, the date of his application therefor.

2.  It shall not be lawful in pursuance of regulation 10 or 13 to adopt rules of eligibility for fees awards which exclude from eligibility a person who is an excepted candidate within the meaning of this Schedule.

3.—(1) A person who is an excepted candidate within the meaning of Schedule 2 shall be an excepted candidate within the meaning of this Schedule.

(2) Subject to paragraph 4, a person who–

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

(b) is the child of such a national

shall be an excepted candidate if he satisfies the conditions mentioned in sub-paragraph (3).

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

(a) he has been ordinarily resident in the European Economic Area throughout the 3 year period immediately preceding 1st September, 1st January or 1st April closest to the beginning of the first term of his intended course; 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.

4.  A candidate who would, but for this paragraph, be an excepted candidate by virtue of paragraph 3(2) and (3) shall not be an excepted candidate in a case where rules of eligibility confine awards to candidates having a relevant connection with part only of the United Kingdom and Islands and he is, on the relevant date, ordinarily resident in some other part of the United Kingdom and Islands.

5.  A person shall be an excepted candidate if he fails to satisfy the criterion specified in paragraph 3(3)(a) by reason only that–

(a) he, his spouse or his parent was temporarily employed outside the European Economic Area, or

(b) he or his spouse was temporarily receiving full-time education outside the European Economic Area.