Regulation 4 Conditions as to residence

(1)

Subject to paragraphs (3) and (4), it shall be a condition that the child shall—

(a)

have been ordinarily resident in the British Islands throughout the period of two years preceding the relevant date, or

(b)

be an EEA national—

(i)

who has been ordinarily resident in the European Economic Area throughout the period of two years preceding the relevant date, and

(ii)

to whom paragraph (2) applies, or

(c)

be a refugee or the child of a refugee who has not been ordinarily resident outside the British Islands since he or, as the case may be, his parent, was recognised as a refugee or granted leave to enter or remain in the British Islands as a refugee.

(2)

The child referred to in paragraph (1)(b) is one who is, or whose parents are, entitled to equality of treatment as regards selection for an assisted place by virtue of Article 7(2) or (3) or Article 12 of Council Regulation (EEC) No. 1612/68 on Freedom of Movement for Workers within the European Community^f1, as extended by the EEA Agreement.

(3)

A child shall be treated for the purposes of paragraph (1)(a) and (b) as having been ordinarily resident in the British Islands or in the European Economic Area if the school is satisfied that he would have been so resident but for the fact that his parent is or was temporarily employed outside the British Islands or the European Economic Area during any part of the period mentioned in those sub-paragraphs.

(4)

For the purposes of paragraph (1)(b), a child who is resident in a State which became a Contracting Party to the EEA Agreement on a date later than the beginning of the two year period mentioned in that sub-paragraph, shall be treated as having been ordinarily resident in the European Economic Area for that period if he has been so resident in the said state or elsewhere in the European Economic Area throughout the period of two years preceding the relevant date.

Annotations

Footnotes

f1: OJ No. L257, 19.10.68, p.2 (OJ/SE 1968 (II) p.475).