Regulation 4

Substitute for paragraph 7 of Schedule 1 the following paragraph:

“7

(1)

A person shall be an excepted student if he is—

(a)

an EEA migrant worker—

(i)

who satisfies the conditions mentioned in sub-paragraph (2), and

(ii)

in whose case it is not lawful to charge higher fees by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement^f1; or

(b)

the spouse of an EEA migrant worker and he—

(i)

is a national of a member State of the European Economic Area,

(ii)

satisfies the conditions mentioned in sub-paragraph (2), and

(iii)

is installed in the United Kingdom with his spouse; or

(c)

the spouse of an EEA migrant worker and—

(i)

he is not a national of a member State of the European Economic Area,

(ii)

he has, throughout the year preceding the date referred to in regulation 6(a), been ordinarily resident in the European Economic Area, and

(iii)

he is installed in the United Kingdom with his spouse; or

(d)

the child of an EEA migrant worker and—

(i)

he satisfies the conditions mentioned in sub-paragraph (2), and

(ii)

in whose case it is not lawful to charge higher fees by virtue of Article 12 of the above mentioned Council Regulation.

(2)

The conditions referred to in sub-paragraph (1) are that—

(a)

he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area, and

(b)

he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.”