xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
9.—(1) A person who—
(a)is either—
(i)an EC national on the first day of an academic year of the course; or
(ii)a family member of a such a person;
(b)is undertaking the course in the United Kingdom;
[F1(c)[F2subject to sub-paragraph (1A),] has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and]
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in [F4paragraph (c)] been wholly or mainly for the purpose of receiving full-time education.
[F5(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EC national where that EC national—
(a)is—
(i)a United Kingdom national who has exercised a right to reside on the territory of another Member State under article 7(1) of Directive 2004/38; or
(ii)not a United Kingdom national;
and
(b)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.]
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with regulation 2(4).
Textual Amendments
F1Sch. 1 para. 9(1)(c) substituted (1.9.2007) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2263), regs. 1, 7(e)(i)
F2Words in Sch. 1 para. 9(1)(c) inserted (1.9.2011) by The Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011 (S.I. 2011/1987), regs. 1(1), 2(a) (with reg. 1(3))
F3Sch. 1 para. 9(1)(d) omitted (1.9.2007) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2263), regs. 1, 7(e)(ii)
F4Words in Sch. 1 para. 9(1)(e) substituted (1.9.2007) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2263), regs. 1, 7(e)(iii)
F5Sch. 1 para. 9(1A) inserted (1.9.2011) by The Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011 (S.I. 2011/1987), regs. 1(1), 2(b) (with reg. 1(3))