Paragraph 3 Persons who are settled in the United KingdomI1

England and Wales

(1)

A person—

(a)

who F1...—

(i)

is settled in the United Kingdom and does not fall within paragraph 5, and

(ii)

is ordinarily resident in England F2on the first day of the HE short course,

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the HE short course, and

(c)

subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (b) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (c) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(6).

Annotations

Textual amendments

F1: Words in Sch. 1 para. 3(1)(a) omitted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 58(2)(a)
F2: Words in Sch. 1 para. 3(1)(a)(ii) inserted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 58(2)(b)

Commencement

I1: Sch. 1 para. 3 in force at 13.4.2022, see reg. 1(2)