2.—(1) A person—
(a)who F1...—
[F2(i)is settled in the United Kingdom and does not fall within paragraph 3;]
(ii)is ordinarily resident in England [F3on the first day of the first academic year of the course]; and
(iii)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(b)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).
Textual Amendments
F1Words in Sch. 1 para. 2(1)(a) omitted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 50(2)(a)
F2Sch. 1 para. 2(1)(a)(i) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 67(3)
F3Words in Sch. 1 para. 2(1)(a)(ii) inserted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 50(2)(b)