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The Education (Fees and Awards) (Scotland) Regulations 2007

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6.  A person shall be an excepted candidate if the Scottish Ministers are satisfied that the person was born and has spent the greater part of their life in the relevant area and that–

(a)their parents or either of them have been ordinarily resident in the relevant area throughout the specified period and he or she is not an independent student; or

(b)that person has been ordinarily resident in the relevant area for at least 1 year of the specified period and, in the case of those qualifying by virtue of paragraph 1 or 9 of Schedule 1, no part of that residence was wholly or mainly for the purposes of receiving full time education.

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