Paragraph 5
A person shall be an excepted student if—
(a)
he has not been ordinarily resident throughout the 3 year period referred to in Regulation 6(a) in the United Kingdom and Islands, or
(b)
being a national of a member State of the European Community or the son or daughter of such a national he has not been so ordinarily resident in the European Economic Area,
only because he, his spouse or his parent was temporarily employed outside the United Kingdom and Islands or, as the case may be, outside the European Economic Area.