{
  "url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-2007/schedule-2/paragraph-4",
  "json_url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-2007/schedule-2/paragraph-4.json",
  "legislation": "ssi/2007/152",
  "legislation_title": "The Education (Fees and Awards) (Scotland) Regulations 2007",
  "legislation_url": "https://openlegislation.uk/education-fees-and-awards-scotland-regulations-2007",
  "path": "schedule/2/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) A person shall be an excepted candidate if that person–\n(a) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971;\n(b) left the United Kingdom and utilised a right of residence after having been settled in the United Kingdom and, where the person is a national of the United Kingdom, was ordinarily resident in Scotland immediately prior to exercising that right and any residence in Scotland in the preceding 3 years was not wholly or mainly for the purposes of receiving full-time education;\n(c) is ordinarily resident in Scotland on the day on which the first term of the first academic year of the course actually begins;\n(d) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date; and\n(e) in the case where their ordinary residence referred to in sub-sub-paragraph (d) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of residence referred to in sub-sub-paragraph (d).\n(2) For the purposes of this paragraph, a person has utilised a right of residence if that person–\n(a) is–\n(i) a United Kingdom national;\n(ii) a family member of a United Kingdom national with rights under Article 7 of Directive 2004/38 (or corresponding provisions under the EEA agreement or the Switzerland Agreement); or\n(iii) a person who has a right of permanent residence arising under Directive 2004/38; and\n(b) either–\n(i) has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or\n(ii) in the case of a person who has a right of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "O.J. No. 158, 30.04.04, p.77."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Cm. 5639."
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ssi/2007/503",
      "affecting_title": "The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2007/503",
      "affecting_title": "The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2007/503",
      "affecting_title": "The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2009/188",
      "affecting_title": "The Education (Fees and Awards for EC Nationals and UK Returners) (Scotland) Regulations 2009"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2009/309",
      "affecting_title": "The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009"
    },
    {
      "type": "word inserted",
      "affecting": "ssi/2009/309",
      "affecting_title": "The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2009"
    },
    {
      "type": "revoked",
      "affecting": "ssi/2012/72",
      "affecting_title": "The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/152/schedule/2/paragraph/4",
    "retrieved_at": "2026-10-28T22:14:47.117943+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."
}