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5. In any case where the date of commencement of the first term of a student’s course is before 1st September 2000, Schedule 1 to the Education (Fees and Awards) (Scotland) Regulations 1997 shall have effect as if there were inserted after paragraph 3–
“3A.—(1) A person shall be an excepted student if–
(a)at the date referred to in regulation 6(a) he is settled in the United Kingdom;
(b)he neither had the right of abode in the United Kingdom nor was settled there at, or at a time before, the beginning of the 3 year period so referred to; and
(c)at any time during that 3 year period he was ordinarily resident in Hong Kong.
(2) References in this paragraph to a person having the right of abode in the United Kingdom or being settled there have the same meanings respectively as in the Immigration Act 1971.”.
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