# The Education (Student Fees, Awards, Qualifying Courses and Persons) (Wales) Regulations 2013 W.S.I. 2013/1792 · made 16 July 2013 These Regulations amend:Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310 (W.181)) (“the 2007 Regulations”);Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011 (S.I. 2011/691 (W.103)) (“the 2011 Regulations”). Made under: Education (Fees and Awards) Act 1983 (Section 1, Section 2); Higher Education Act 2004 (Section 28, Section 47) PDFs: Printed copy https://openlegislation.uk/education-student-fees-awards-qualifying-courses-and-persons-wales-regulations-2013/pdf/wsi_20131792_mi.pdf ## Introductory text Education, Wales Made 16 July 2013 Laid before the National Assembly for Wales 19 July 2013 Coming into force 1 September 2013 The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983 and now exercisable by them and in exercise of the powers conferred on the National Assembly for Wales by sections 28(6) and 47(5) of the Higher Education Act 2004 and now exercisable by them, make the following Regulations: ## 1 Title, commencement and application (1) The title of these Regulations is the Education (Student Fees, Awards, Qualifying Courses and Persons) (Wales) Regulations 2013. (2) These Regulations come into force on 1 September 2013 and apply in relation to Wales. (3) The amendments made by these Regulations do not apply in relation to a person where the first day of the first academic year of that person’s course is before 1 September 2013. ## 2 Interpretation In these Regulations— “the 2007 Regulations” (“Rheoliadau 2007”) means the Education (Fees and Awards) (Wales) Regulations 2007; “the 2011 Regulations” (“Rheoliadau 2011”) means the Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011. ## 3 Amendment of the 2007 Regulations The 2007 Regulations are amended in accordance with regulations 4 and 5. ## 4 Amendment of the 2007 Regulations In regulation 2 paragraph (1), in the definition of “overseas territories”, insert “St-Barthélemy” in the appropriate place. ## 5 Amendment of the 2007 Regulations In paragraph 9 of the Schedule— (a) in sub-paragraph (1)(c) before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”; (b) after sub-paragraph (1), insert— “(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national— (a) is— (i) a United Kingdom national who has exercised a right to reside in the territory of another Member State under article 7(1) of Directive 2004/38; or (ii) not a United Kingdom national; and (b) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.” ## 6 Amendment of the 2011 Regulations The 2011 Regulations are amended in accordance with regulations 7 and 8. ## 7 Amendment of the 2011 Regulations In paragraph 1(1) of the Schedule, in the definition of “overseas territories”, insert “St-Barthélemy” in the appropriate place. ## 8 Amendment of the 2011 Regulations In paragraph 9 of the Schedule— (a) in sub-paragraph (1)(c) before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”; (b) after sub-paragraph (1), insert— “(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national— (a) is— (i) a United Kingdom national who has exercised a right to reside in the territory of another Member State under article 7(1) of Directive 2004/38; or (ii) not a United Kingdom national; and (b) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.” ## Signature Huw Lewis Minister for Education and Skills, one of the Welsh Ministers 16 July 2013 ## Explanatory note (This note is not part of the Regulations) These Regulations amend: (a) Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310 (W.181)) (“the 2007 Regulations”); (b) Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011 (S.I. 2011/691 (W.103)) (“the 2011 Regulations”). Regulations 4 and 7 insert reference to St-Barthélemy into the 2007 and 2011 Regulations following European Council Decision 2010/718/EU which changed the status of St-Barthélemy from one of the outermost regions of the European Union to an overseas country or territory. Regulations 5 and 8 amend the 2007 and 2011 Regulations to remove the requirement for non-EU family members of EU nationals to have been ordinarily resident in the EEA for the 3 years immediately preceding the start of their course. The effect of these amendments is that these family members will qualify for home fee status if the EU national from whom they derive their right of residence satisfies two conditions; that is, that the person is either not a UK national, or is a UK national who has exercised an EU law right of free movement, and that the person has been ordinarily resident in the EEA for the 3 years immediately preceding the first day of the first academic year of their family member’s course. These Regulations apply to those students starting their courses on or after 1 September 2013. --- Source: https://www.legislation.gov.uk/wsi/2013/1792 (the official version) Page: https://openlegislation.uk/education-student-fees-awards-qualifying-courses-and-persons-wales-regulations-2013 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.