Paragraph 10 EU nationals ordinarily resident in the United Kingdom and IslandsF9

England, Wales and Scotland

(1)

A person who—

(a)

is F1an EU national on the first day of the first F2relevant year of the course;

(b)

is ordinarily resident in the United Kingdom on the first day of the first F3relevant year of the course;

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first F4relevant year of the course; and

(d)

in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising F5the United Kingdom, the F6European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

(2)

Where a state accedes to the European Community after the first day of the first F7relevant year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be F8an EU national on the first day of the first relevant year of the course is treated as being satisfied.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 10(1)(a) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(8)(a)
F2: Word in Sch. 1 para. 10(1)(a) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(18) (with reg. 1(2))
F3: Word in Sch. 1 para. 10(1)(b) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(18) (with reg. 1(2))
F4: Word in Sch. 1 para. 10(1)(c) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(18) (with reg. 1(2))
F5: Words in Sch. 1 para. 10(1)(d) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(8)(b)
F6: Words in Sch. 1 para. 10(1)(d) substituted (1.9.2007) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2263), regs. 1, 7(f)
F7: Word in Sch. 1 para. 10(2) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(18) (with reg. 1(2))
F8: Words in Sch. 1 para. 10(2) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(8)(a)
F9: Sch. 1 para. 10 heading inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 35(11)