Paragraph 1

In this Schedule–

• “EEA frontier self-employed person” means an EEA national who–

  1. (a)

     is a self-employed person (within the meaning of Article 7 of Directive 2004/38) in Scotland; and

  2. (b)

     resides in Switzerland or the territory of an EEA state other than the United Kingdom and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “EEA frontier worker” means an EEA national who–

  1. (a)

     is a worker (within the meaning of Article 7 of Directive 2004/38) in Scotland; and

  2. (b)

     resides in Switzerland or the territory of an EEA state other than the United Kingdom and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “EEA migrant worker” means an EEA national in the United Kingdom who is a worker within the meaning of Article 7 of Directive 2004/38 but who is not an EEA frontier worker;

• “EEA national” means a national of an EEA state other than the United Kingdom;

• “EEA self-employed person” means an EEA national in the United Kingdom who is a self employed person within the meaning of Article 7 of Directive 2004/38 but who is not an EEA frontier self-employed person;

• “EU overseas territories” means Aruba, Faeroe Islands, French Polynesia, French Southern and Antarctic Territories, Greenland Henderson, Mayotte, Netherlands Antilles (Bonaire, Curcao, Saba, Sint Eustatius and Sint Maarten), the Territory of New Caledonia and Dependencies, St Pierre et Miquelon and Wallis and Futuna Islands;

• “EU overseas territories national” means a national of any of the EU overseas territories;

• “family member” means–

  1. (a)

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person, an EEA self-employed person–

     1. (i)

        their spouse or civil partner;

     2. (ii)

        their child or the child of their spouse or civil partner;

     3. (iii)

        their dependent direct relatives in the ascending line or those of their spouse or civil partner;

  2. (b)

     in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person–

     1. (i)

        their spouse or civil partner;

     2. (ii)

        their child or the child of their spouse or civil partner;

  3. (c)

     in relation to a non UK EC national who is not self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38 or an EU overseas territories national–

     1. (i)

        their spouse or civil partner;

     2. (ii)

        their direct descendants or those of their spouse or civil partner who are–

        1. (aa)

           under the age of 21;

        2. (bb)

           their dependants or those of their spouse or civil partner;

  4. (d)

     in relation to a non UK EC national who is self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38 or an EU overseas territories national–

     1. (i)

        their spouse or civil partner;

     2. (ii)

        their direct descendants or those of their spouse or civil partner who are–

        1. (aa)

           under the age of 21;

        2. (bb)

           their dependants or those of their spouse or civil partner;

     3. (iii)

        their dependent direct relatives in the ascending line or those of their spouse or civil partner; and

  5. (e)

     in relation to a United Kingdom national, for the purposes of paragraph 5 of this Schedule–

     1. (i)

        their spouse or civil partner;

     2. (ii)

        their direct descendants or those of their spouse or civil partner who are–

        1. (aa)

           under the age of 21;

        2. (bb)

           their dependants or those of their spouse or civil partner;

     3. (iii)

        their dependent direct relatives in the ascending line or those of their spouse or civil partner;

• “non UK EC national” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community other than the United Kingdom;

• “Swiss employed person” means a Swiss national in the United Kingdom who is an employed person within the meaning of Annex 1 to the Switzerland Agreement, but who is not a Swiss frontier worker;

• “Swiss frontier worker” means a Swiss national who–

  1. (a)

     is an employed person (within the meaning of Annex 1 to the Switzerland Agreement) in Scotland; and

  2. (b)

     resides in Switzerland or in the territory of an EEA state other than the United Kingdom and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “Swiss frontier self-employed person” means a Swiss national who–

  1. (a)

     is a self-employed person (within the meaning of Annex 1 to the Switzerland Agreement) in Scotland ; and

  2. (b)

     resides in Switzerland or in the territory of an EEA state, other than the United Kingdom, and returns to their residence in Switzerland or that EEA state, as the case may be, daily or at least once a week;

• “Swiss self-employed person” means a Swiss national in the United Kingdom who is a self employed person (within the meaning of Annex 1 to the Switzerland Agreement), but who is not a Swiss frontier self-employed person;

• “Switzerland Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999^f1 and which came into force on 1st June 2002; and

• “the Islands” means the Channel Islands and the Isle of Man.

For the purposes of this Schedule, an area which–

shall be considered to have always been part of the European Community or the European Economic Area, as the case may be.

Schedule 2 shall have effect for the purposes of determining whether a person is to be treated, for the purposes of this Schedule, as being, or having been, ordinarily resident in a place at, or for, a particular time.