Explanatory note

England and Wales

(This note is not part of the Regulations)

These Regulations, which are in eight Parts, amend various Regulations which make provision about, and in connection with, student finance.

Part 1 makes provision about the coming into force and application of these Regulations.

Parts 2 to 8 make amendments to the following Regulations—

(a)

Part 2 amends the Education (Fees and Awards) (Wales) Regulations 2007 (“the 2007 Regulations”),

(b)

Part 3 amends the Education (European University Institute) (Wales) Regulations 2014 (“the 2014 Regulations”),

(c)

Part 4 amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the 2015 Regulations”),

(d)

Part 5 amends the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”),

(e)

Part 6 amends the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”),

(f)

Part 7 amends the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Degree Loan Regulations”), and

(g)

Part 8 amends the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (“the 2019 Regulations”).

Amendments made by these Regulations—

(a)

revise the definition of a “protected Ukrainian national” in the 2007 Regulations, the 2014 Regulations, the 2015 Regulations, the 2017 Regulations, the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, so that such persons are required to have existing leave to enter or remain in the United Kingdom in order to be eligible for home fee status, the fee limits and student support,

(b)

make corresponding changes to the definition of a “person granted leave to enter or remain as a protected partner” in the 2018 Regulations, the Doctoral Degree Loan Regulations and the 2019 Regulations, so that such persons are required to have existing leave to enter or remain in the United Kingdom in order to be eligible for student support under those Regulations, in accordance with equivalent requirements for such persons under the 2007 Regulations, the 2014 Regulations, the 2015 Regulations and the 2017 Regulations, and

(c)

provide for a protected Ukrainian national’s eligibility for student support under the Doctoral Degree Loan Regulations and the 2019 Regulations to terminate when they are no longer allowed to stay in the United Kingdom, rather than when their status as a protected Ukrainian national comes to an end, in accordance with equivalent requirements for such persons under the 2014 Regulations, the 2017 Regulations and the 2018 Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.