SCHEDULE 1E+W+S

[F1EU nationals ordinarily resident in the United Kingdom and Islands]E+W+S

10.—(1) A person who—

(a)is [F2an EU national] on the first day of the first academic year of the course;

(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d)in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F3the United Kingdom,] the [F4European Economic Area, Switzerland and the overseas territories] immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be [F5an EU national] on the first day of the first academic year of the course is treated as being satisfied.