Regulation 5

In regulation 8, at the end of paragraph (3) there shall be added:

“(4)

In any case where the relevant date is on or after 1st September 1998, and on the relevant date the person meets the residence conditions referred to in paragraph 9 of the Schedule but is not settled in the United Kingdom within the meaning of the Immigration Act 1971^f1, he shall nonetheless be mentioned in the Schedule for the purposes of regulations 4 if—

(a)

a local education authority was under a duty to bestow an award on the person pursuant to regulations made under section 1 of the Education Act 1962^f2 in respect of his attendance at a course during an academic year beginning before 1st September 1997,

(b)

the award was so bestowed on the person,

(c)

the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course,

(d)

a local education authority is under a duty to bestow an award on the person pursuant to such regulations in respect of his attendance at that other course, and

(e)

the award is so bestowed on the person and continues to be held by the person.

(5)

Where the award referred to in sub-paragraph (b) of paragraph (4) was transferred pursuant to such regulations so as to be held in respect of attendance at a second or further course, the reference to “that course” in sub-paragraph (c) of paragraph (4) means the second course or, where there is a further course, the last of such further courses; and for the purposes of sub-paragraph (e) of paragraph (4) it is immaterial whether the award continues to be held in respect of attendance at the course for which it was bestowed or whether it is transferred pursuant to such regulations so as to be held in respect of attendance at another course.”