Paragraph 3

(1)

A person 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)

an EEA frontier worker or an EEA frontier self-employed person;

(iv)

a Swiss frontier worker or a Swiss frontier self-employed person;

(b)

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant day; and

(c)

subject to sub-paragraph (2), is ordinarily resident in Scotland on the relevant day.

(2)

Sub-paragraph (1)(c) does not apply where the person falls within sub-paragraph (1)(a)(iii) or (iv).