OpenLegislation

Paragraph 3 Ordinary residence for specified period: exclusion for education purposesI1

Scotland

(1)

A person is not to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education.

(2)

Sub-paragraph (1) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in the United Kingdom, Islands, Gibraltar or in the territory comprising the European Economic Area and Switzerland immediately before the start of that period of residence.

F1(3)

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F2(4)

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Annotations

Textual amendments

F1

Sch. 3 para. 3(3) omitted (1.8.2025) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(4)(b)

F2

Sch. 3 para. 3(4) omitted (1.8.2025) by virtue of The Education (Fees and Student Support) (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2025 (S.S.I. 2025/136), regs. 1, 3(4)(b)

Commencement

I1

Sch. 3 para. 3 in force at 1.8.2022, see reg. 1