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3.—(1) In these Regulations “new award student” means a student who has been selected as such according to the appropriate criteria by a Part 1 relevant institution to follow a relevant course at that institution in respect of whom a period of award has been specified and who (unless the student is selected under regulation 5(1)) has, before the beginning of the course—
(a)reached the age of 16 in the case of a dance course, or
(b)reached the age of 18 in the case of a drama course.
(2) For the purposes of this regulation an institution selects students according to the appropriate criteria—
(a)if the institution selects students on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at an audition, and
(b)where—
(i)it appears to the institution that two or more students are of similar ability or aptitude, and
(ii)the maximum number of students who may be selected as new award students in accordance with regulation 4(1) is such that both or all such students cannot be selected,
if the institution selects the student or students the income for whom appears to be the lower.
(3) For the purpose of paragraph (2)(b) the income for a student is—
(a)unless sub-paragraph (b) applies, the income of the students' parents or, in cases where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution so determines, the income of one of the student’s parents, and
(b)where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution determines that the student is independent, the income of the student.
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