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The Education (Fees and Awards) (England) Regulations 2007
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[F1EU nationals] [F2etc.] E+W+S
This section has no associated Explanatory Memorandum
9.—(1) A person who—
(a)is either—
(i)an [F3EU 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;
[F4(c)[F5subject to sub-paragraph (1A),] has been ordinarily resident in the territory comprising [F6the United Kingdom,] 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]
F7(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 [F8paragraph (c)] been wholly or mainly for the purpose of receiving full-time education.
[F9(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—
(a)is—
(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or
(ii)an EU national; and
(b)has been ordinarily resident in the territory comprising the United Kingdom, 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).
[F10(3) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.]
Textual Amendments
F1Words in Sch. 1 para. 9 heading substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(7)(a)
F2Word in Sch. 1 para. 9 heading inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 35(9)
F3Words in Sch. 1 para. 9(1)(a)(i) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(7)(b)(i)
F4Sch. 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)
F5Words 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))
F6Words in Sch. 1 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(7)(b)(ii)
F7Sch. 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)
F8Words 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)
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