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Paragraph 10 EU nationals – ordinarily resident in the United Kingdom and the IslandsF7I1

England and Wales

(1)

A person who—

(a)

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

(b)

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

(c)

has been ordinarily resident in the F2United Kingdom and the Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d)

in a case where his or her 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 F3the United Kingdom, the F4European Economic Area, Switzerland and the overseas territories immediately before the period of ordinary residence referred to in paragraph (c).

(2)

Where a state accedes to the F5European Union after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be F6an EU national on the first day of the first academic year of the course is treated as being satisfied.

Annotations

Textual amendments

F1

Words in Sch. para. 10(1)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 5(8)(a)

F2

Words in Regulations substituted (8.3.2019) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(2), 3

F3

Words in Sch. para. 10(1)(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 5(8)(b)

F4

Words in Sch. para. 10(1)(d) substituted (29.5.2008) by The Education (Fees and Awards) (Wales) Regulations 2008 (S.I. 2008/1259), regs. 1(2), 5(f)

F5

Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 8-10

F6

Words in Sch. para. 10(2) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 5(8)(c)

F7

Sch. para. 10 heading inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 25 (with reg. 2)

Commencement

I1

Sch. para. 10 in force at 31.8.2007, see reg. 1(2)