- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
8.—(1) A person who—
(a)is—
(i)a national of the United Kingdom who has exercised a right of free movement within the territory comprising the European Economic Area and Switzerland and is entitled, by virtue of an enforceable Community right, to be treated no less favourably in relation to student support than he would have been treated had he not exercised that right of free movement; or
(ii)a family member of a person mentioned in paragraph (i);
(b)subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
(2) A person who is not ordinarily resident in England on the first day of the first academic year of the course may be treated as satisfying paragraph (b) of sub-paragraph (1) if the Secretary of State is satisfied that the person—
(a)is not so resident for a reason connected with the exercise of the right of free movement referred to in paragraph (a)(i) of sub-paragraph (1); but
(b)is ordinarily resident in England on the day on which the first term of the first academic year of the course actually begins.
(3) For the purposes of this paragraph “right of free movement” means a right of free movement under Article 39 or 43 of the Treaty establishing the European Community or an equivalent right under the EEA Agreement or the Swiss Agreement.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: