OpenLegislation

Regulation 7 Payments by HEFCWI1C1F1

England and Wales

(1)

Paragraph (2) applies where HEFCW makes grants, loans or other payments under section 65 of the Further and Higher Education Act 1992 to an institution for the purpose of training students (other than by a course leading to a first degree) to teach persons over compulsory school age.

(2)

Subject to paragraph (5), it is lawful for HEFCW to adopt rules of eligibility for awards to be made to the students which confine eligibility to those persons who fall within any of—

(a)

paragraphs 2, 2A, 3, 4, 4A, 4B, F24C, F34D, 5, 6A, 7A, 8A, 9A, 9B, F49BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or

(b)

paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.

(3)

Subject to paragraph (5), it is lawful for an institution to which HEFCW pays grants, loans or other payments for the purpose described in paragraph (1) to adopt rules of eligibility for awards which confine eligibility to those persons who fall within any of—

(a)

paragraphs 2, 2A, 3, 4, 4A, 4B, F54C, F64D, 5, 6A, 7A, 8A, 9A, 9B, F79BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or

(b)

paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.

(4)

This paragraph applies—

(a)

where, in connection with training beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021, and

(b)

where A’s eligibility for an award is being assessed in relation to that training.

(5)

In relation to training beginning on or after 1 January 2028, paragraphs (2) and (3) have effect as if F8paragraphs 8A, F99B, 9BA and 9E are omitted from paragraphs (2)(a) and (3)(a).

(6)

In paragraph (1), “compulsory school age” has the meaning given in section 8 of the Education Act 1996.

Annotations

Textual amendments

F1

Reg. 7 substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 8 (with reg. 2)

F2

Word in reg. 7(2)(a) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 8(a)

F3

Word in reg. 7(2)(a) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 4(2) (with reg. 2)

F4

Word in reg. 7(2)(a) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 7(a)

F5

Word in reg. 7(3)(a) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 8(b)

F6

Word in reg. 7(3)(a) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 4(2) (with reg. 2)

F7

Word in reg. 7(3)(a) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 7(a)

F8

Words in reg. 7(5) substituted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 7(b)

F9

Words in reg. 7(5) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 4 (with reg. 2)

Modifications

C1

Reg. 7 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 23 (with art. 28)

Commencement

I1

Reg. 7 in force at 31.8.2007, see reg. 1(2)