
1 
These Regulations may be cited as the 
State Awards (Amendment) (No. 2) Regulations 1983
and shall come into operation on 1st August 1983.
2 
In these Regulations a reference to the principal
Regulations is a reference to the 
State Awards Regulations 1978.
3 
In Regulation 2(2)
 of the principal Regulations (interpretation)
after the word “Regulation”, in the last two places
where it occurs, there shall be inserted the words “or Schedule”
.
4 
In Regulation 3(1)
 of the principal Regulations (revocations)
for the words “the Schedule” there shall be substituted
the words “Schedule 1”
.
5 
At the beginning of 
Regulation 4(1) of the principal Regulations
(authority to bestow awards) there shall be inserted the words “Subject
to the provisions of Schedule 2
hereto relating to eligibility for state awards,”.
6 
After the Schedule to the principal Regulations,
which shall stand as Schedule 1,
there shall be added the Schedule set out in the Appendix hereto.
Keith Joseph
Secretary of State for Education and Science
24th June 1983
APPENDIX

SCHEDULE 2
1 

(1) In this Schedule—
 “employment”
means full-time employment or part-time employment which,
in a normal week, involves a significant number of hours of work
and “employed” shall be construed accordingly, and for the purposes hereof the
references to employment include references to the holding of any office and
to any occupation for gain;
 “European Community”
 means the area comprised by the member
states of the European Economic Community (including the United Kingdom) as
constituted from time to time;
 “national of a member state
of the European Community” means 
a person who is a national for the purposes of the Community Treaties of any
member state of the European Economic Community (including the United Kingdom)
as constituted from time to time;
 “refugee”
means a person who is recognised by Her Majesty's government
as a refugee within the meaning of the United
Nations Convention relating to the Status of Refugees done at Geneva
on 28th July 1951 as extended by the Protocol thereto which entered
into force on 4th October 1967 or a person who enjoys asylum in the United
Kingdom in pursuance of a decision of Her Majesty's government though not
so recognised;
 “relevant date”,
in relation to an applicant for a state award, means 
the date of his application therefor;
 “United Kingdom and Islands”
 means the United Kingdom, the Channel
Islands and the Isle of Man.
(2) A person shall be treated for the purposes
of paragraph 2 or 
3(a) as ordinarily resident in England and
Wales, in the United Kingdom and Islands or in the European Community (“the
relevant area”) if the Secretary of State is satisfied that he was only
not so resident in the relevant area at the date, or throughout the period,
mentioned in the paragraph in question because—
(a) he, his spouse or his parent was temporarily
employed outside the relevant area, or
(b) he or his spouse was temporarily receiving
full-time education, or undertaking post-graduate research, outside the relevant
area.
2 

(1) The Secretary of State shall not bestow
a state award upon a person unless, subject to 
sub-paragraph (3)—
(a) he is ordinarily resident in England
and Wales on the relevant date and is not then resident therein wholly or
mainly for the purpose of receiving full-time education, or
(b) he is ordinarily resident in the United
Kingdom and Islands on the relevant date and satisfies the Secretary of State
that, on 30th June next following the relevant date, he will be ordinarily
resident in England and Wales and will not then be resident therein wholly
or mainly for the said purpose, or
(c) he is resident in England and Wales on
the relevant date and is the child of a national of a member state of the
European Community who—
(i) where he is employed on the relevant
date, is then in employment in England and Wales, or
(ii) where he is not employed on that date
(by reason of retirement or otherwise), was last employed in such employment,
or
(iii) whether or not he is employed on that
date, he has, during the period of three years ending therewith, been in such
employment for an aggregate period of not less than a year, or
(d) he is a national of a member state of
the European Community who—
(i) is resident in England and Wales on the
relevant date,
(ii) entered the United Kingdom wholly or
mainly for the purpose of taking up, or of seeking, employment,
(iii) during the year preceding the relevant
date has been in employment in England and Wales for an aggregate period of
not less than 9 months, and
(iv) seeks an award in respect of a course
provided by a vocational training establishment, being a course leading to
a qualification which is needed for, or is designed to fit a person for, engagement
in a specific profession or trade.
(2) In sub-paragraph
(1)(d)(iv)—
 “qualification” includes authorisation, recognition, registration, enrolment, approval
and certification;
 “vocational training establishment”
 means a further education establishment
being a vocational school within the meaning of 
Article 7 of Council Regulation (EEC)
No. 1612/68 on freedom of movement of workers
within the Community.
(3) In relation to a state bursary for adult
education sub-paragraph (1)
shall have effect as if the words “and Wales”,
wherever they occur therein, had been omitted.
3 
Subject to paragraphs
4 and 5,
the Secretary of State shall not bestow a state award upon a person—

(a) unless he has been ordinarily resident,
throughout the period of three years preceding the relevant date, in the United
Kingdom and Islands or, in the case of such a person as is mentioned in 
paragraph 2(c) or (d),
has been so ordinarily resident in the European Community, or
(b) if his residence in the United Kingdom
and Islands or, as the case may be, the European Community has during any
part of that period been wholly or mainly for the purposes of receiving full-time
education or undertaking post-graduate research otherwise than in the course
of employment.
4 

(1) Paragraph
3 shall not apply in the case of—
(a) a refugee ordinarily resident in the
United Kingdom and Islands who has not ceased to be so ordinarily resident
since he was recognised as a refugee or was accorded asylum, or
(b) the spouse, son or daughter of such a
refugee.
(2) The reference in this paragraph to a
refugee's son or daughter includes a reference to a person adopted in pursuance
of adoption proceedings, a step-child and an illegitimate child of whom the
refugee is the mother or in whose case he has admitted paternity or been adjudged
the putative father.
5 
Paragraph 3(b)
 shall not apply in the case of a person who,
in pursuance of paragraph 1(2),
is treated as ordinarily resident in the United Kingdom and Islands or, as
the case may be, the European Community throughout the period mentioned in 
paragraph 3(a).
