Regulation 4(2)(a)
1. A person who on the first day of the first academic year of the course–
(a)is settled in the United Kingdom within the meaning of the Immigration Act 1971(1); and
(b)meets the residence conditions referred to in paragraph 7.
2. A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child or stepchild of such a refugee, and in each case who meets the residence condition in paragraph 7(1).
3. A person who–
(a)has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
(b)has been granted leave to enter or to remain accordingly; and
(c)has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain,
or who is the spouse, child or stepchild of such a person, where the person, or as the case may be the spouse, child or stepchild, meets the residence conditions referred to in paragraph 7.
4. A person who is an EEA migrant worker who–
(a)is entitled to a loan by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement(2) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of Article 7(2) and (3); and
(b)meets the residence conditions referred to in paragraph 7.
5. A person who is the spouse of an EEA migrant worker and who–
(a)is installed in the United Kingdom with his spouse; and
(b)meets the residence conditions referred to in paragraph 7.
6.—(1) A person who is the child of an EEA migrant worker and who–
(a)is entitled to support by virtue of Article 12 of the above mentioned Council Regulation, or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another Member State in relation to matters which are the subject of Article 12; and
(b)meets the residence conditions referred to in paragraph 7.
(2) For the purposes of this paragraph “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.
7. The residence conditions referred to above are that–
(a)the person is ordinarily resident in Scotland on the first day of the first academic year of the course;
(b)the person has been ordinarily resident throughout the three year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and Islands, or, in the case of a person mentioned in paragraphs 4, 5 or 6, in the European Economic Area; and
(c)his residence in the United Kingdom and Islands, or in the European Economic Area, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.
Regulation 5(1)(a)
1. A first degree course other than a course referred to in paragraph 4.
2. A course for the Diploma of Higher Education.
3. A course for the Higher National Diploma or Higher National Certificate of–
(a)the Business & Technician Education Council; or
(b)the Scottish Qualifications Authority.
4. A course for the initial training for teachers, including such a course leading to a first degree.
5. A course for the further training of teachers or youth and community workers.
6. A course in preparation for a professional examination of a standard higher than that of–
(a)examinations at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or
(b)the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,
not being a course for entry to which a first degree (or equivalent qualification) is normally required.
7. A course providing education (whether or not in preparation for an examination) the standard of which is–
(a)higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph (6)(a) or (b) above, but
(b)not higher than that of a first degree course,
and for entry to which a first degree (or equivalent qualification) is not normally required.
1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule and the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.
O.J. No. L257, 19.10.68, p.2 (O.J./S.E. 1968(II) p.475).