Education (Mandatory Awards) (Amendment)Regulations 1996

8.—(1) In regulation 13(1)—

(a) in sub-paragraphs (a) and (b) delete the words “a European student or of”;

(b) in sub-paragraphs (a) and (b) substitute for the words “regulation 9(a)” the words “paragraph (3)”; and

(c) in sub-paragraph (a) delete the words “or, in the case of a European student, who has been so resident in the British Islands”.

(2) In regulation 13(2) delete the words “, or in the case of a person mentioned in paragraph (3)”.

(3) Substitute for regulation 13(3) the following paragraph:

“(3) The person referred to in paragraph (1)(a) and (b) is—

(a) a European student,

(b) an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on free movement or workers within the Community, as extended by the EEA Agreement,

(c) the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse,

(d) the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the above mentioned Council Regulation, and

(e) a British citizen within the meaning of the British Nationality Act 1981(1) who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because—

(i) he was ordinarily resident for the purposes of employment in the European Economic Area during every part of that period in which he was not ordinarily resident in the British Islands; or

(ii) his parent or spouse is such a person as is mentioned in sub-paragraph (i) and is ordinarily resident in England and Wales on the relevant day.”

(1)

1973 c. 50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19), section 25(1).