HC Deb 27 July 1978 vol 954 c870W
Mr. Beith

asked the Secretary of State for Education and Science whether current award regulations preclude the granting of awards for degree courses to citizens of the United Kingdom and the colonies who have resided in Great Britain for three years but whose entry visa is restricted.

Mr. Oakes

Regulation 10 of the Local Education Authority Awards Regulations 1977 states that a local education authority is not under a duty to make an award—under the Education Act 1962—to a person who has not been ordinarily resident in the United Kingdom for the three years immediately preceding the first year of his course. The question whether a person is ordinarily resident is one of mixed fact and intent, and is determined in the light of all the circumstances of the individual concerned, including the conditions on which he is present in this country. Neither the Act nor the regulations refer to citizenship or nationality.