# The Education (Fees) (Scotland) Regulations 2022, Paragraph 4: Workers, employed persons, self-employed persons and their family members

Extent: S

(1) A student is an excepted student if that student is a person with protected rights or a qualifying frontier worker who —
(a) is—
(i) an EEA migrant worker or an EEA self-employed person,
(ii) a Swiss employed person or a Swiss self-employed person,
(iii) a family member of a person mentioned in sub-head (i) or (ii),
(iv) an EEA frontier worker or an EEA frontier self-employed person,
(v) a Swiss frontier employed person or a Swiss frontier self-employed person, or
(vi) a family member of a person mentioned in sub-head (iv) or (v),
(b) has been ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.
(2) In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.
(3) In this paragraph, any description of a person in sub-paragraphs (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraphs (1)(a)(iii) and (vi) are to be construed accordingly.

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Source: https://www.legislation.gov.uk/ssi/2022/156/schedule/1/paragraph/4 (the official version)
Page: https://openlegislation.uk/education-fees-scotland-regulations-2022/schedule-1/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.