3.—(1) A person who–
(a)is–
(i)the family member of a person mentioned in paragraph 2(1)(a); or
(ii)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(1), as extended by the EEA Agreement;
(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the first day of the first academic year of the course; and
(c)subject to sub-paragraph (2), is ordinarily resident in Scotland on the first day of the first academic year of the course.
(2) Sub-paragraph (1)(c) not apply where the person applying for support is a family member of a person falling within paragraph 2(1)(a)(iii) or (iv).
O.J. No. L 257, 19.10.68, p.2 (O.J./S.E. 1968(II) p.475), amended by Council Regulation (EEC) No 2434/92 (O.J. No. L 245, 26.8.92, p.1).