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8. This Part shall have effect as respects the adoption by the Scottish Ministers of rules of eligibility for awards (however described) made by them in pursuance of section 4 of the Small Landholders (Scotland) Act 1911(1) and any reference in this Part to an award or a candidate for an award shall be construed accordingly.
9. For the purposes of this Part a candidate for an award has a relevant connection with Scotland if–
(a)that student has been ordinarily resident there throughout the 3 year period immediately preceding the date of their application for an award;
(b)that student’s residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education unless the person is settled as referred to in paragraph (c) as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38 and that person was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence; and
(c)at the date referred to in paragraph (a) that student is settled in the United Kingdom within the meaning of the Immigration Act 1971 and, if not a British Citizen, enjoys in the United Kingdom the status of a Commonwealth Citizen.
10. Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with Scotland.
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