Amendment to the Education (Fees and Awards) (England) Regulations 2007

2.  Paragraph 9 of Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007(1) is amended as follows—

(a)in sub-paragraph (1)(c), before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”;

(b)after sub-paragraph (1), insert—

“(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.”.