10.—(1) A person—
[F2(a)who, on the first day of the first academic year of the course, is—
(i)an EU national;
(ii)a United Kingdom national who has exercised a right of residence; or
(iii)the family member of a person in sub-paragraph (i) or (ii);]
(b)who is attending or undertaking a designated course in Wales;
(c)who has been ordinarily resident in the territory comprising [F3the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising [F4the United Kingdom, Gibraltar,] the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising [F5the United Kingdom, Gibraltar,] the European Economic Area and Switzerland in accordance with paragraph 1(4).
(3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.
(4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person [F6has resided in Gibraltar or] has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.
[F7(5) Any description of person who would have been eligible under this paragraph immediately before [F8IP] completion day is to be eligible on and after [F8IP] completion day.]
Textual Amendments
F1Word in Sch. 1 para. 10 heading inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 169(a) (with reg. 2)
F2Sch. 1 para. 10(1)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 37(3)(e)(i)
F3Words in Sch. 1 para. 10(1)(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 37(3)(e)(ii)
F4Words in Sch. 1 para. 10(1)(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 37(3)(e)(ii)
F5Words in Sch. 1 para. 10(2) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 37(3)(e)(ii)
F6Words in Sch. 1 para. 10(4) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 37(3)(e)(iii)
F7Sch. 1 para. 10(5) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 37(3)(e)(iv)
F8Word in Sch. 1 para. 10(5) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 169(b) (with reg. 2)