Regulation 13 Other exceptions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.13(1)(a) rev.in pt. by Education (Mandatory Awards) Regulations 1996 reg.8(1)(a)
reg.13(1)(a) amended by Education (Mandatory Awards) Regulations 1996 reg.8(1)(b)
reg.13(1)(a) rev.in pt. by Education (Mandatory Awards) Regulations 1996 reg.8(1)(c)
reg.13(1)(b) rev.in pt. by Education (Mandatory Awards) Regulations 1996 reg.8(1)(a)
reg.13(1)(b) amended by Education (Mandatory Awards) Regulations 1996 reg.8(1)(b)
reg.13(2) rev.in pt. by Education (Mandatory Awards) Regulations 1996 reg.8(2)
reg.13(3) substituted by Education (Mandatory Awards) Regulations 1996 reg.8(3)

(1)

An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course—

(a)

upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(a), who has not been so resident in the European Economic Area or, in the case of a European student, who has been so resident in the British Islands; or

(b)

upon a person whose residence in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(a), in the European Economic Area, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or

(c)

upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.

(2)

Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee, in the case of the spouse or child of such a refugee, or in the case of a person mentioned in paragraph (3).

(3)

That person is a person who is a British citizen within the meaning of the British Nationality Act 1981^f1—

(a)

who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the European Economic Area during every part of that period in which he was not ordinarily resident in the British Islands; or

(b)

(i)

who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and

(ii)

whose parent is ordinarily resident in England and Wales on the relevant day.

(4)

In paragraph (3), “parent” includes a guardian,…any other person having parental responsibility for a child and any person having care of a child; and “relevant day” means the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.

Annotations

Footnotes

f1: 1981 c. 61.