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Regulation 3 General interpretation

Original text. Later amendments are not shown.

In these Regulations—

  • “the 2017 Act” means the Higher Education and Research Act 2017;

  • “course start date” means the date within the first course year on which a coursef1 begins;

  • “credit-differentiated activities” has the meaning given by regulation 11;

  • “the first course year”, in relation to a qualifying course, means a course yearf2 as described in section 10(7B)(a) of the 2017 Act (being the period of 12 months beginning with the first day of the month in which the course begins);

  • “foundation year” has the meaning given by regulation 10;

  • “full-time course year” means a course year that—

    1. (a)

      if it contains activities which cumulatively are 15 or more weeks long, contains more than 900 notional learning hours, or

    2. (b)

      if it contains activities which cumulatively are less than 15 weeks long, contains more than 450 notional learning hours,

    and references to study which is full-time or equivalent to full-time are to be construed accordingly;

  • “higher fee foundation year study” has the meaning given by regulation 10;

  • “home institution”, in relation to a student, means the provider which offers the course being applied for or undertaken;

  • “immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971f3;

  • “intercalated year” means an additional year of study undertaken part way through a course in medicine, dentistry or veterinary science—

    1. (a)

      during which a student studies a different subject (which may be in a field other than medicine, dentistry or veterinary science), and

    2. (b)

      which (subject to successful completion) leads to the student being awarded an additional degree or equivalent qualification before the end of their course;

  • “the Islands” means the Channel Islands and the Isle of Man;

  • “lower fee foundation year study” has the meaning given by regulation 10;

  • “normal taught study” has the meaning given by paragraph (a) of the definition of “taught study”;

  • “notional learning hours” means the volume of study for a course or part of a course measured in hours, and provides an indication of the approximate learning time for a student;

  • “parent” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;

  • “part-time”, in relation to a course year, means—

    1. (a)

      if it contains activities which cumulatively are 15 or more weeks long, contains 900 or fewer notional learning hours, or

    2. (b)

      if it contains activities which cumulatively are less than 15 weeks long, contains 450 or fewer notional learning hours,

    and references to study being part-time are to be construed accordingly;

  • “per-course amount” has the meaning given in regulation 12;

  • “per-year amount” has the meaning given by regulation 13;

  • “person granted Calais leave” means a person who—

    1. (a)

      has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, and

    2. (b)

      has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave to remain;

  • “person granted humanitarian protection” means a person—

    1. (a)

      who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules,

    2. (b)

      whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002f4), and

    3. (c)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave to remain;

  • “person granted indefinite leave to enter or remain as a bereaved partner” means a person—

    1. (a)

      granted indefinite leave to enter or remain in the United Kingdom—

      1. (i)

        under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules,

      2. (ii)

        where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph 288 of the immigration rules, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners),

      3. (iii)

        where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph 295N of the immigration rules, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners),

      4. (iv)

        where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph D-BPILR.1.1 of Appendix FM (bereaved partners) of the immigration rules,

      5. (v)

        where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces) of the immigration rules,

      6. (vi)

        under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner, or

      7. (vii)

        where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave;

  • “person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

    1. (a)

      granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules (provisions regarding victims of domestic violence or abuse)—

      1. (i)

        paragraph VDA 9.1 of Appendix Victim of Domestic Abuse, or

      2. (ii)

        where such leave was granted before the coming into force of Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1 of Appendix FM (victims of domestic abuse), or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces), and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave;

  • “person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

  • “person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme, a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

  • “person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

    1. (a)

      who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—

    1. (a)

      who has—

      1. (i)

        indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or has indefinite leave to remain under paragraph 276BS2 of the immigration rules, having been relocated to United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules,

      2. (ii)

        indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,

      3. (iii)

        leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme, or

      4. (iv)

        indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

    1. (a)

      who has leave to enter or remain in the United Kingdom—

      1. (i)

        under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules, or

      2. (ii)

        outside the immigration rules, where the person—

        1. (aa)

          was residing in Ukraine immediately before 1st January 2022, and

        2. (bb)

          left Ukraine in connection with the Russian invasion which took place on 24th February 2022, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted leave under the Ukraine Extension Scheme” means a person—

    1. (a)

      who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules, as it had effect on the day such leave was granted, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted leave under the Ukraine Family Scheme” means a person—

    1. (a)

      who has leave to enter or remain in the United Kingdom—

      1. (i)

        under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules, as it had effect on the day such leave was granted, or

      2. (ii)

        outside the immigration rules, where the person—

        1. (aa)

          was residing in Ukraine immediately before 1st January 2022, and

        2. (bb)

          left Ukraine in connection with the Russian invasion which took place on 24th February 2022, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted leave under the Ukraine Permission Extension Scheme” means a person—

    1. (a)

      who has leave to remain in the United Kingdom under paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules, and

    2. (b)

      who has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted section 67 leave” means a person who—

    1. (a)

      has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules, and

    2. (b)

      has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “person granted stateless leave” means a person who—

    1. (a)

      has extant leave to remain as a stateless person under the immigration rules, and

    2. (b)

      has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;

  • “previous years of the course”, when referring to the number of credits charged for from the per-course amount for activities (such as taught study or study abroad etc.), means—

    1. (a)

      in the first year of the course, zero (as there are no previous years of the course);

    2. (b)

      in the second year of the course, the number of credits charged for in the first year of the course;

    3. (c)

      in the third year of the course, the number of credits charged for in the first and second years of the course combined;

    and so on, depending on the number of years within the course;

  • “provider” means a registered higher education provider of the description prescribed by regulation 4;

  • “qualifying course” has the meaning given by regulation 7;

  • “refugee” means a person who is recognised by His 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;

  • “repeat study”, in relation to a student, means a period of learning, which may relate to any activity within the course—

    1. (a)

      that the provider requires the student to undertake in order to progress within the course,

    2. (b)

      that serves the purpose of making up for elements of the course that the student has not completed or has not completed in a satisfactory way, and

    3. (c)

      that the provider considers to be suitable, given the standards and expectations of the course;

  • “sandwich placement” means one or more periods amounting to at least 13 weeks within a course year—

    1. (a)

      which the student spends away from the home institution on work experience placements, either in the United Kingdom, or abroad otherwise than as part of Turing mobility,

    2. (b)

      which do not contribute towards a mandatory minimum amount of work placement that is required by a regulatory body contained, as at 1st August preceding the start of the course year, within the list referred to in regulation 11(3),

    3. (c)

      which are not from a course for the initial training of teachers,

    4. (d)

      which alternate with periods of study at the home institution (which may be in different course years from the time spent away from the home institution), and

    5. (e)

      which are organised or facilitated by the home institution;

  • “study abroad” means one or more periods amounting to at least 13 weeks within a full-time course year which—

    1. (a)

      are spent studying abroad (meaning other than in the United Kingdom or the Islands) otherwise than as part of Turing mobility,

    2. (b)

      are undertaken in conjunction with an institution outside of the United Kingdom or the Islands,

    3. (c)

      may comprise or include taught study,

    4. (d)

      do not include a work placement, and

    5. (e)

      exclude any period of study that—

      1. (i)

        occurs in a course year containing at least 10 weeks of study at the home institution, and

      2. (ii)

        does not extend the overall duration of the course beyond its full-time equivalent, which must not exceed three years (except in the case of courses in medicine, dentistry and veterinary studies, which may be of any duration);

  • “taught study” means learning at the home institution as part of a course, which includes (but is not limited to)—

    1. (a)

      lectures, coursework, laboratory work, seminars, and independent reading or study, assessment and revision (“normal taught study”),

    2. (b)

      repeat study,

    3. (c)

      lower fee foundation year study, and

    4. (d)

      higher fee foundation year study;

  • “top-up course” has the meaning given by regulation 16;

  • “Turing mobility” means one or more periods amounting to at least 13 weeks within a full-time course year which—

    1. (a)

      are spent either studying or on work experience outside the United Kingdom, as part of the scheme established by the Secretary of State and known as the Turing Scheme (being a government programme in the United Kingdom that provides funding for international opportunities in education and training across the world), and

    2. (b)

      exclude any period of study that—

      1. (i)

        occurs in a course year containing at least 10 weeks of study at the home institution, and

      2. (ii)

        does not extend the overall duration of the course beyond its full-time equivalent, which must not exceed three years (except in the case of courses in medicine, dentistry and veterinary studies, which may be of any duration).

Annotations

Footnotes

f1

Under section 10(6) of the 2017 Act, a “qualifying course” can only be a “higher education course”; and by virtue of the definition of “higher education course” in section 83(1) of the 2017 Act (as substituted by section 16(1) and (3) of the Skills and Post-16 Education Act 2022 (c. 21) (“the 2022 Act”)), reference to a “higher education course” includes reference to “a module of such a course, where it is taken otherwise than as part of that course”.

f2

The meaning of “course year” in relation to a “qualifying course” is given in section 10(7B) of the 2017 Act, as inserted by section 1(2) of the 2023 Act.

f3

1971 c. 77.

f4

2002 c. 41.