{
  "url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-1997/schedule-2/paragraph-2",
  "json_url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-1997/schedule-2/paragraph-2.json",
  "legislation": "uksi/1997/93",
  "legislation_title": "The Education (Fees and Awards) (Scotland) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-1997",
  "path": "schedule/2/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) A person shall be an excepted candidate if he is–\n(a) an EEA migrant worker who–\n(i) satisfies the conditions mentioned in sub-paragraph (2), and\n(ii) is eligible for a maintenance award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3);\n(b) the spouse of an EEA migrant worker and he–\n(i) satisfies the conditions mentioned in sub-paragraph (2), and\n(ii) is installed in the United Kingdom with his spouse; or\n(c) the child of an EEA migrant worker and he–\n(i) satisfies the conditions mentioned in sub-paragraph (2), and\n(ii) is eligible for a maintenance award by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12.\n(2) The conditions referred to in sub-paragraph (1) are that–\n(a) he has been ordinarily resident in the European Economic Area throughout the period of three years immediately preceding the relevant date, and\n(b) his residence there during any part of that three year period has not been wholly or mainly for the purpose of receiving full-time education.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "am",
      "affecting": "ssi/2005/545",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No. 2) Regulations 2005"
    },
    {
      "type": "added",
      "affecting": "ssi/2005/341",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "added",
      "affecting": "ssi/2005/217",
      "affecting_title": "The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "subst",
      "affecting": "ssi/2006/323",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/93/schedule/2/paragraph/2",
    "retrieved_at": "2026-10-29T12:27:33.625902+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}