Regulation 8 Amendment of the Principal Regulations

Schedule 1 is amended in accordance with this regulation.

At the end of paragraph 9, add “and who does not fall within paragraph 11”.

After paragraph 10, insert—

“11.

A person who on the first day of the first academic year of the course is a national of a member state of the European Community—

(a)

who is ordinarily resident in England and Wales on the first day of the academic year of the course;

(b)

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

(c)

who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another member state by virtue of having exercised a Community right of free movement; and

(d)

who, in a case where his ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b).”