Paragraph 2
In this Schedule a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom—
(a)
under the Council Regulation; or
(b)
in circumstances where as a national of the United Kingdom he has 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 the Council Regulation.