9.—(1) Regulation 16 (Reduced entitlement to payments) shall be amended as provided by paragraphs (2) and (3).
(2) For paragraph (5) there shall be substituted—
“(5) Where a board has come under a duty to make an award to a person during an academic year because—
(a)he has become—
(i)a European student as a result of—
(aa)the accession of the State of which he is a national, or as the case may be, of which his family member (within the meaning of Part 1 of Schedule 10) is a national, to the European Community; or
(bb)becoming the family member (within the meaning of Part 1 of Schedule 10) of an EC national;
(ii)a refugee or the spouse, civil partner, child or a refugee;
(iii)a person described in paragraph 6(1)(a) of Part 2 of Schedule 10;
(iv)the child of a Swiss national; or
(b)he has acquired the right of permanent residence within the meaning of Part 1 of Schedule 10,
it shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 10 the amounts referred to in paragraph (7).”
(3) For paragraph (7)(a) there shall be substituted—
“(a)from the sum payable in respect of fees under regulation 10 any amount payable before the date on which—
(i)the student became a European student;
(ii)the relevant person was recognised as a refugee;
(iii)the student acquired the right of permanent residence;
(iv)the student became a person described in paragraph 6(1)(a) of Part 2 of Schedule 10; or
(v)the student became the child of a Swiss national;”.