OpenLegislation

Regulation 8 Payments by the Welsh MinistersI1F1

England and Wales

(1)

Subject to paragraph (4), it is lawful for F2the Commission or the Welsh Ministers to adopt rules of eligibility for awards by an institution to which they make grants, loans or other payments under F3section 97 of the Tertiary Education and Research (Wales) Act 2022 which confine eligibility to those persons who fall within any of—

(a)

paragraphs 2, 2A, 3, 4, 4A, 4B, F44C, F54D, 5, 6A, 7A, 8A, 9A, 9B, F69BA, 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 (3) applies.

(2)

Subject to paragraph (4), it is lawful for an institution to which F7the Commission or the Welsh Ministers pay grants, loans or other payments under F8section 97 of the Tertiary Education and Research (Wales) Act 2022 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, F94C, F104D, 5, 6A, 7A, 8A, 9A, 9B, F119BA, 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 (3) applies.

(3)

This paragraph applies—

(a)

where 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.

(4)

In relation to an award made on or after 1 January 2028, paragraphs (1) and (2) have effect as if F12paragraphs 8A, F139B, 9BA and 9E are omitted from paragraphs (1)(a) and (2)(a).

Annotations

Textual amendments

F1

Reg. 8 substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 9 (with reg. 2)

F2

Words in reg. 8(1) inserted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026 (W.S.I. 2026/72), regs. 1(2), 5(3)(a)(i)

F3

Words in reg. 8(1) substituted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026 (W.S.I. 2026/72), regs. 1(2), 5(3)(a)(ii)

F4

Word in reg. 8(1)(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, 9(a)

F5

Word in reg. 8(1)(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)

F6

Word in reg. 8(1)(a) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 8(a)

F7

Words in reg. 8(2) inserted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026 (W.S.I. 2026/72), regs. 1(2), 5(3)(b)(i)

F8

Words in reg. 8(2) substituted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments and Transitory Provision) Regulations 2026 (W.S.I. 2026/72), regs. 1(2), 5(3)(b)(ii)

F9

Word in reg. 8(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, 9(b)

F10

Word in reg. 8(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)

F11

Word in reg. 8(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), 8(a)

F12

Words in reg. 8(4) substituted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 8(b)

F13

Words in reg. 8(4) 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)

Commencement

I1

Reg. 8 in force at 31.8.2007, see reg. 1(2)