The Education (Mandatory Awards) Regulations 1998

Other exceptions

13.—(1) An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course if—

(a) he has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in paragraph (3), who has not been so resident in the European Economic Area; or

(b) his residence in the British Islands or, in the case of such a person as is mentioned in paragraph (3), in the European Economic Area, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or

(c) he is not settled in the United Kingdom within the meaning of the Immigration Act 1971(1) at the beginning of the first year of the course in question, unless he is such a person as is mentioned in paragraph (3); or

(d) he has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.

(2) Paragraph (1)(a) to (c) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognized as a refugee, or in the case of the spouse or child of such a refugee, and paragraph (1)(c) shall not apply in the case of a person who—

(a) has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom,

(b) has been granted leave to enter or remain accordingly, and

(c) has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain

or in the case of the spouse or child of such a person.

(3) The person referred to in paragraph (1)(a) to (c) 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 freedom of movement of workers within the Community, as extended by the EEA Agreement(2), or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3);

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

(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, or where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12.

(4) In paragraph (3), “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.

(5) An authority shall not be under a duty to bestow a transitional award in respect of a person’s attendance at a course if it is satisfied that no amount would be payable in pursuance of the award if it were bestowed.

(1)

1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12.

(2)

OJ No. L257, 19.10.68, p.2 (OJ/SE 1968 (II) p.457).