60. In Schedule 1, in paragraph 19—
(a)in sub-paragraph (1)—
(i)at the beginning, insert “Subject to paragraphs (3) and (4), ”;
(ii)in paragraph (a)(1), the words from “settled in” become sub-paragraph (i);
(iii)after that sub-paragraph (i), insert—
“or
(ii)a person who is a British citizen and who—
(aa)was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or
(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;”;
(b)after sub-paragraph (2), insert—
“(3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the HE short course in which they are not ordinarily resident in the United Kingdom or the Islands.
(4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.”.
Paragraph (a) is amended by regulation 57(2)(a) of this instrument.