The Education (Fees and Awards) (Amendment) Regulations 1987

8.  After Schedule 3 to the principal regulations there shall be added the following Schedule—

“SCHEDULE 4 FEES AWARDS — EXCEPTED CANDIDATES

1.   In this Schedule “the relevant date” means, in relation to a candidate for a fees award, the date of his application therefor, except that, where the maker of the awards is—

(a) an education authority, or

(b) a further education establishment mentioned in regulation 11(2)(d),

it means 1st September, 1st January or 1st April closest to the beginning of the first term of the candidate’s intended course or, as the case may be, of the period for which he would undertake research.

2.— (1) It shall not be lawful in pursuance of regulation 10 to adopt rules of eligibility for fees awards under section 1(6) of the Education Act 1962 which exclude from eligibility a person who is an excepted candidate within the meaning of Schedule 3.

(2) It shall not be lawful in pursuance of regulation 10 to adopt rules of eligibility for fees awards under section 2 of the Education Act 1962 which exclude from eligibility a person who is an excepted candidate within the meaning of this Schedule.

(3) It shall not be lawful in pursuance of regulations 13(1)(a) or 16 to adopt rules of eligibility for fees awards which exclude from eligibility a person who is an excepted candidate within the meaning of this Schedule.

3.— (1) A person who is an excepted candidate within the meaning of Schedule 3 shall be an excepted candidate within the meaning of this Schedule.

(2) Subject to paragraph 4 a person who—

(a) is a national of a member state of the European Community; or

(b) is the son or daughter of such a national

shall be an excepted candidate if he satisfies the conditions mentioned in sub-paragraph (3).

(3) The conditions referred to in sub-paragraph (2) are that—

(a) he has been ordinarily resident in the territory comprising the European Community and (as regards any period prior to their accession to that Community), the Kingdom of Spain and the Portuguese Republic, throughout the three year period preceding the relevant date; and

(b) he has not been resident therein, during any part of that three year period, wholly or mainly for the purpose of receiving full-time education.

4.   A candidate who would but for this paragraph be an excepted candidate by virtue of paragraph 3(2) and (3) shall not be an excepted candidate in a case where rules of eligibility confine awards to candidates having a relevant connection with part only of the United Kingdom and Islands and he is, on the relevant date, ordinarily resident in some other part of the United Kingdom and Islands.

5.   The condition set out in sub-paragraph 3(3)(a) is satisfied if a person has not been ordinarily resident in the territory comprising the European Community and (as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portuguese Republic, throughout the three year period preceding the relevant date only because he, his spouse or his parent was temporarily employed outside that territory or only because he or his spouse was temporarily receiving full-time education outside that territory.”.