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The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019

W.S.I. 2019/235 · Made 12 February 2019 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 5 February 2026.

Education, Wales

Made 12 February 2019

Laid before the National Assembly for Wales 13 February 2019

Coming into force 8 March 2019

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 1983f1 and sections 22 and 42(6) of the Teaching and Higher Education Act 1998f2 now exercisable by themf3 and powers conferred on them under sections 5(5)(b) of the Higher Education (Wales) Act 2015f4 make the following Regulations:

Annotations to the whole text

Footnotes

f1

1983 c. 40; section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19; the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c. 56), Schedule 37, paragraph 57; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and Schedule 22; the Education Act 2005 (c. 18), Schedule 14, paragraph 9; S.I. 2005/3238, Schedule 1, paragraph 9; S.I. 2010/1158, Schedule 2, paragraph 1; the Education Act 2011 (c. 21), Schedule 5, paragraph 5 and Schedule 16, paragraph 5; and the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 44 and Schedule 4.

f2

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147; the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7; the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257; the Education Act 2011 (c. 21), section 76; S.I. 2013/1181 and the Higher Education and Research Act 2017 (c. 29), section 88. See section 43(1) of the Teaching and Higher Education Act 1998 for the definition of “prescribed” and “regulations”.

f3

The functions of the Secretary of State in section 1 of the 1983 Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by S.I. 2006/1458 with effect from 8 June 2006. The functions of the Secretary of State in section 2 of the 1983 Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by S.I. 1999/672. The Secretary of State’s functions in section 22(2)(a) to (i) and (k) of the 1998 Act were transferred to the National Assembly for Wales so far as they relate to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8), with subsections (a), (c) and (k) exercisable concurrently with the Secretary of State. The Secretary of State’s function in section 42 was transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by S.I. 1999/672. All the above functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

f4

2015 anaw 1.

Contents

  1. Part 1: TITLE, COMMENCEMENT AND APPLICATION
  2. 1Title, commencement and application
  3. Part 2: AMENDMENTS TO THE EDUCATION (FEES AND AWARDS) (WALES) REGULATIONS 2007
  4. 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
  5. 3Regulation 3
  6. 4Amendment to regulation 4
  7. 5Amendments to regulation 5
  8. 6Amendments to the Schedule
  9. Part 3: AMENDMENTS TO THE EDUCATION (EUROPEAN UNIVERSITY INSTITUTE) (WALES) REGULATIONS 2014 Repealed
  10. 7Amendments to the Education (European University Institute) (Wales) Regulations 2014 Repealed
  11. 8Amendments to regulation 3 Repealed
  12. 9Amendments to regulation 6 Repealed
  13. 10Amendment to Schedule 1 Repealed
  14. Part 4: AMENDMENTS TO THE HIGHER EDUCATION (QUALIFYING COURSES, QUALIFYING PERSONS AND SUPPLEMENTARY PROVISION) (WALES) REGULATIONS 2015
  15. 11Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
  16. 12Regulation 12
  17. 13Amendments to the Schedule
  18. Part 5: AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
  19. 14Amendments to the Education (Student Support) (Wales) Regulations 2017
  20. 15Amendments to regulation 2
  21. 16Amendments to regulation 4
  22. 17Amendments to regulation 5
  23. 18Amendment to regulation 15
  24. 19Amendments to regulation 16
  25. 20Amendments to regulation 19
  26. 21Amendments to regulation 20
  27. 22Amendment to regulation 23
  28. 23Amendments to regulation 24
  29. 24Amendments to regulation 43
  30. 25Amendments to regulation 45
  31. 26Amendment to regulation 49
  32. 27Amendments to regulation 50
  33. 28Amendments to regulation 64
  34. 29Amendments to regulation 65
  35. 30Amendments to regulation 81
  36. 31Amendments to regulation 82
  37. 32Amendments to regulation 83
  38. 33Amendments to regulation 88
  39. 34Amendments to regulation 110
  40. 35Amendment to regulation 111
  41. 36Amendments to regulation 112
  42. 37Amendment to regulation 117
  43. 38Amendments to the Schedules
  44. 39Regulation 39
  45. 40Regulation 40
  46. Part 6: AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2018
  47. 41Amendments to the Education (Student Support) (Wales) Regulations 2018
  48. 42Amendments to regulation 6
  49. 43Amendment to regulation 23
  50. 44Amendments to regulation 25
  51. 45Amendment to regulation 40
  52. 46Amendments to regulation 55
  53. 47Amendments to regulation 56
  54. 48Amendments to regulation 57
  55. 49Amendment to regulation 58
  56. 50Amendment to regulation 58A
  57. 51Amendments to regulation 63
  58. 52Amendments to regulation 80
  59. 53Amendment to regulation 81
  60. 54Amendments to the Schedules
  61. 55Regulation 55
  62. 56Regulation 56
  63. 57Regulation 57
  64. 58Regulation 58
  65. 59Regulation 59
  66. 60Regulation 60
  67. Part 7: AMENDMENTS TO THE EDUCATION (POSTGRADUATE DOCTORAL DEGREE LOANS) (WALES) REGULATIONS 2018
  68. 61Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
  69. 62Amendments to regulation 2
  70. 63Amendments to regulation 4
  71. 64Amendment to regulation 8
  72. 65Amendments to regulation 13
  73. 66Amendment to Schedule 1
  74. Signature
  75. Schedule 1Schedule 1
  76. Schedule 2Schedule 2
  77. Explanatory note

1Title, commencement and applicationI1

(1)

The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019.

(2)

This regulation and regulations 3, 4, 6(b), 8(a), 12, 13(b), 21, 34(a) and 45 come into force on 8 March 2019.

(3)

All other regulations and the Schedules—

(a)

come into force on 8 March 2019; and

(b)

apply to the provision of support to students in relation to an academic year which begins on or after 1 August 2019, whether anything done under these Regulations is done before, on or after that date.

2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007I1

The Education (Fees and Awards) (Wales) Regulations 2007f1 are amended in accordance with regulations 3 to 6.

3I1

For “United Kingdom and Islands” in each place in which it occurs, substitute “United Kingdom and the Islands”.

4Amendment to regulation 4I1

In regulation 4 (fee charging) in paragraph (4), for “a condition imposed under section 28 of the Higher Education Act 2004” substitute “section 10 of the Higher Education (Wales) Act 2015”.

5Amendments to regulation 5I1

In regulation 5 (awards by local authorities), in paragraph (1)—

(a)

in sub-paragraph (b), for “within paragraphs 4A and 5” substitute “within paragraphs 4A, 5 and 5A”;

(b)

in sub-paragraph (c), for “within paragraphs 4A, 5 and 9” substitute “within paragraphs 4A, 5, 5A and 9”.

6Amendments to the ScheduleI1

In the Schedule—

(a)

in paragraph 1, in the appropriate place insert—

  • ““person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

    1. (a)

      has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016f1 and in accordance with the immigration rulesf2; and

    2. (b)

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

(b)

in paragraph 4A for “Wales” in each place in which it occurs, substitute “the United Kingdom”;

(c)

after paragraph 5 (persons with leave to enter or remain and their family members), insert—

“Persons with section 67 leave to remain

5A.
(1)

A person who—

(a)

is a person with section 67 leave to remain;

(b)

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c)

has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2)

A person who—

(a)

is the child of a person with section 67 leave to remain;

(b)

on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;

(c)

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d)

has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3)

In this paragraph—

  • “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.”

7Amendments to the Education (European University Institute) (Wales) Regulations 2014F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Amendments to regulation 3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Amendments to regulation 6F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Amendment to Schedule 1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015I1

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015f1 are amended in accordance with regulation 12 and 13.

12I1

For “United Kingdom and Islands” in each place in which it occurs, substitute “United Kingdom and the Islands”.

13Amendments to the ScheduleI1

In the Schedule—

(a)

in paragraph 1(1), in the appropriate place insert—

  • ““person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

    1. (a)

      has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with 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;”;

(b)

in paragraph 4A for “Wales” in each place in which it occurs, substitute “the United Kingdom”;

(c)

after paragraph 5 (persons with leave to enter or remain and their family members) insert—

“Persons with section 67 leave to remain

5A.
(1)

A person who—

(a)

is a person with section 67 leave to remain;

(b)

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c)

has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2)

A person who—

(a)

is the child of a person with section 67 leave to remain;

(b)

on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;

(c)

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d)

has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3)

In this paragraph—

  • “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.”

14Amendments to the Education (Student Support) (Wales) Regulations 2017I1

The Education (Student Support) (Wales) Regulations 2017f1 are amended in accordance with regulations 15 to 40.

15Amendments to regulation 2I1

In regulation 2 (interpretation), paragraph (1)—

(a)

omit the definition of “English regulated institution”;

(b)

in the appropriate place insert—

“(i)

“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

(a)

has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; and

(b)

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

(i)

“protected English provider” (“darparwr Seisnig gwarchodedig”) means an institution which on or after 1 August 2018 but before 1 August 2019 was maintained or assisted by recurrent grants pursuant to section 65 of the Further and Higher Education Act 1992 other than an institution maintained or assisted by recurrent grants made by the Higher Education Funding Council for Wales;”;f1

(c)

for the definition of “recognised educational institution” substitute—

  • ““recognised educational institution” (“sefydliad addysgol cydnabyddedig”) means—

    1. (a)

      a Welsh regulated institution;

    2. (b)

      a protected English provider; or

    3. (c)

      an institution maintained or assisted by recurrent grants out of public funds that is wholly or mainly situated in Scotland or Northern Ireland;”.

16Amendments to regulation 4I1

In regulation 4 (eligible students)—

(a)

after paragraph (10) insert—

“(10A)

Where—

(a)

the Welsh Ministers have determined that by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A” in this paragraph) was—

(i)

an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course, or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the present course; or

(ii)

a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b)

as at the day before the academic year in respect of which A is applying for support starts, the period for which a person granted section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(b)

in paragraph (11), for “Paragraphs (9), (9A) and (10)” substitute “Paragraphs (9), (9A), (10) and (10A)”.

17Amendments to regulation 5I1

In regulation 5 (designated courses)—

(a)

for paragraph (1)(e) substitute—

“(e)

for a course beginning before 1 September 2017, provided by an institution that was before that date a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom);”;

(b)

after paragraph (1)(e) insert—

“(ea)

for a course beginning on or after 1 September 2017, provided by—

(i)

a recognised educational institution (whether alone or in conjunction with an institution situated outside the United Kingdom);

(ii)

a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution;

(iii)

an institution that was publicly funded before 1 August 2019 on behalf of a protected English provider.”;

(c)

for paragraph (5)(c) substitute—

“(c)

an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;”f1.

18Amendment to regulation 15I1

In regulation 15 (events), after paragraph (b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

19Amendments to regulation 16I1

In regulation 16 (new fee grant)—

(a)

in paragraph (3)—

(i)

in sub-paragraph (a) for “£4,800” substitute “£4,665”;

(ii)

in sub-paragraph (b) for “£4,200” substitute “£4,335”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a) for “£2,480” substitute “£2,410”;

(ii)

in sub-paragraph (b) for “£2,020” substitute “£2,090”.

20Amendments to regulation 19I1

In regulation 19 (new fee loan in respect of courses beginning on or after 1 September 2012)—

(a)

in paragraph (3)(a) for “£4,200” substitute “£4,335”;

(b)

in paragraph (4)(a) for “£2,020” substitute “£2,090”.

21Amendments to regulation 20I1

In regulation 20 (additional fee loan in respect of courses beginning on or after 1 September 2012)—

(a)

in paragraph (5)(b), for “£900” substitute “£1,800”;

(b)

in paragraph (6)(b), for “£675” substitute “£1,350”.

22Amendment to regulation 23I1

In regulation 23 (general qualifying conditions for grants for living costs), after paragraph (12)(b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

23Amendments to regulation 24I1

In regulation 24 (grants for disabled students’ living costs), paragraph (3)—

(a)

in sub-paragraph (a) for “£21,181” substitute “£22,472”;

(b)

in sub-paragraph (b) for “£5,332” substitute “£5,657”;

(c)

in sub-paragraph (d) for “£1,785” substitute “£1,894”.

24Amendments to regulation 43I1

In regulation 43 (maximum amount of loans for certain eligible students)—

(a)

in paragraph (2)—

(i)

in sub-paragraph (i) for “£5,529” substitute “£5,684”;

(ii)

in sub-paragraph (ii) for “£10,007” substitute “£10,288”;

(iii)

in sub-paragraph (iii) for “£8,517” substitute “£8,756”;

(iv)

in sub-paragraph (iv) for “£8,517” substitute “£8,756”;

(v)

in sub-paragraph (v) for “£7,143” substitute “£7,344;

(b)

in paragraph (3)—

(i)

in sub-paragraph (i) for “£5,006” substitute “£5,147”;

(ii)

in sub-paragraph (ii) for “£9,112” substitute “£9,368”;

(iii)

in sub-paragraph (iii) for “£7,408” substitute “£7,616”;

(iv)

in sub-paragraph (iv) for “£7,408” substitute “£7,616”;

(v)

in sub-paragraph (v) for “£6,617” substitute “£6,803”.

25Amendments to regulation 45I1

In regulation 45 (students with reduced entitlement)—

(a)

in paragraph (1)(a)—

(i)

in paragraph (i) for “£2,625” substitute “£2,699”;

(ii)

in paragraph (ii) for “£4,920” substitute “£5,058”;

(iii)

in paragraph (iii) for “£3,500” substitute “£3,598”;

(iv)

in paragraph (iv) for “£3,500” substitute “£3,598”;

(v)

in paragraph (v) for “£3,500” substitute “£3,598”;

(b)

in paragraph (1)(b)—

(i)

in paragraph (i) for “£2,625” substitute “£2,699”;

(ii)

in paragraph (ii) for “£4,920” substitute “£5,058”;

(iii)

in paragraph (iii) for “£4,186” substitute “£4,304”;

(iv)

in paragraph (iv) for “£4,186” substitute “£4,304”;

(v)

in paragraph (v) for “£3,500” substitute “£3,598”;

(c)

in paragraph (1)(c)—

(i)

in paragraph (i) for “£4,147” substitute “£4,263”;

(ii)

in paragraph (ii) for “£7,505” substitute “£7,716”;

(iii)

in paragraph (iii) for “£6,388” substitute “£6,567”;

(iv)

in paragraph (iv) for “£6,388” substitute “£6,567”;

(v)

in paragraph (v) for “£5,357” substitute “£5,508”;

(d)

in paragraph (2)(a)—

(i)

in paragraph (i) for “£1,996” substitute “£2,052”;

(ii)

in paragraph (ii) for “£3,763” substitute “£3,869”;

(iii)

in paragraph (iii) for “£2,727” substitute “£2,804”;

(iv)

in paragraph (iv) for “£2,727” substitute “£2,804”;

(v)

in paragraph (v) for “£2,727” substitute “£2,804”;

(e)

in paragraph (2)(b)—

(i)

in paragraph (i) for “£1,996” substitute “£2,052”;

(ii)

in paragraph (ii) for “£3,763” substitute “£3,869”;

(iii)

in paragraph (iii) for “£3,060” substitute “£3,146”:

(iv)

in paragraph (iv) for “£3,060” substitute “£3,146”:

(v)

in paragraph (v) for “£2,727” substitute “£2,804”;

(f)

in paragraph (2)(c)—

(i)

in paragraph (i) for “£3,755” substitute “£3,860”;

(ii)

in paragraph (ii) for “£6,834” substitute “£7,026”;

(iii)

in paragraph (iii) for “£5,556” substitute “£5,712”;

(iv)

in paragraph (iv) for “£5,556” substitute “£5,712”;

(v)

in paragraph (v) for “£4,963” substitute “£5,102”.

26Amendment to regulation 49I1

In regulation 49 (students becoming eligible during the course of an academic year), after paragraph (2)(b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

27Amendments to regulation 50I1

In regulation 50 (increases in maximum amount), paragraph (1)—

(a)

in sub-paragraph (a) for “£80” substitute “£84”;

(b)

in sub-paragraph (b) for “£153” substitute “£162”;

(c)

in sub-paragraph (c) for “£166” substitute “£177”;

(d)

in sub-paragraph (d) for “£166” substitute “£177”;

(e)

in sub-paragraph (e) for “£120” substitute “£127”.

28Amendments to regulation 64I1

In regulation 64 (eligible distance learning students)—

(a)

after paragraph (11) insert—

“(11A)

Where—

(a)

the Welsh Ministers determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which a person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(b)

in paragraph (12), for “Paragraphs (10), (10A) and (11)” substitute “Paragraphs (10), (10A), (11) and (11A)”.

29Amendments to regulation 65I1

In regulation 65 (students becoming eligible during the course of the academic year)—

(a)

in paragraph (2), for “(b), (e)”, substitute “(b), (ba), (e)”;

(b)

in paragraph (3), for “(b), (e)” substitute “(b), (ba), (e)”; and

(c)

in paragraph (4), after sub-paragraph (b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

30Amendments to regulation 81I1

In regulation 81 (eligible part-time students)—

(a)

after paragraph (10) insert—

“(10A)

Where—

(a)

the Welsh Ministers determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and

(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which a person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;

(b)

in paragraph (11), for “Paragraphs (9), (9A) and (10)” substitute “Paragraphs (9), (9A), (10) and (10A)”; and

(c)

for paragraphs (28) and (29) substitute—

“(28)

A course is specified for the purpose of paragraph (27) if—

(a)

it is concerned with the study of the history, grammar and use of Welsh;

(b)

the course is listed in the Higher Education Classification of Subjects in one of the following subject areas—

(i)

subjects allied to medicine (CAH02);

(ii)

biological and sport sciences (CAH03);

(iii)

psychology (CAH04);

(iv)

veterinary sciences (CAH05);

(v)

agriculture, food and related studies (CAH06);

(vi)

physical sciences (CAH07);

(vii)

mathematical sciences (CAH09);

(viii)

engineering and technology (CAH10);

(ix)

computing (CAH11); or

(c)

it is a course whose code and label under the Higher Education Classification of Subjects is listed in Schedule 7.

(29)

In this regulation and in Schedule 7 “the Higher Education Classification of Subjects” means the Higher Education Classification of Subjects maintained by the Universities and Colleges Admissions Service and the Higher Education Statistics Agencyf1.”

31Amendments to regulation 82I1

In regulation 82 (students becoming eligible during the course of the academic year)—

(a)

in paragraph (2), for “(b), (e)” substitute “(b), (ba), (e)”;

(b)

in paragraph (3), for “(b), (e)” substitute “(b), (ba), (e)”; and

(c)

in paragraph (4), after paragraph (b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

32Amendments to regulation 83I1

In regulation 83 (designated part-time courses)—

(a)

for paragraph (1)(d) substitute—

“(d)

it is wholly provided by an institution in the United Kingdom that was before 1 August 2019 a publicly funded institution or is provided by such an institution in conjunction with an institution outside the United Kingdom;”;

(b)

for paragraph (4)(c) substitute—

“(c)

an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;”.

33Amendments to regulation 88I1

In regulation 88 (grants for disabled part-time student’s living costs), paragraph (3)—

(a)

in sub-paragraph (a) for “£15,885” substitute “£16,853”;

(b)

in sub-paragraph (b) for “£5,332” substitute “£5,657”;

(c)

in sub-paragraph (d) for “£1,338” substitute “£1,420”.

34Amendments to regulation 110I1

In regulation 110 (eligible postgraduate students)—

(a)

in paragraph (11A)(b), for “person with leave to enter or remain” substitute “person granted stateless leave”;

(b)

after paragraph (12) insert—

“(12A)

Where—

(a)

the Welsh Ministers have determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; and

(b)

as at the day before the academic year in respect of which A is applying for support starts, the period for which the person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible postgraduate student terminates immediately before the first day of the first academic year in respect of which A is applying for support.”;

(c)

in paragraph (13), for “Paragraphs (11) and (12)” substitute “Paragraphs (11), (11A), (12) and (12A)”.

35Amendment to regulation 111I1

In regulation 111 (students becoming eligible during the course of the academic year), after paragraph (2)(b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

36Amendments to regulation 112I1

In regulation 112 (designated postgraduate courses)—

(a)

for paragraph (1)(c) substitute—

“(c)

it is wholly provided by an institution in the United Kingdom that was before 1 August 2019 a publicly funded institution or is provided by such an institution in conjunction with an institution outside the United Kingdom;”;

(b)

for paragraph (2)(c) substitute—

“(c)

an institution is not to be regarded as having been publicly funded before 1 August 2019 by reason only that it received public funds before that date from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;”.

37Amendment to regulation 117I1

In regulation 117 (amount of grant), for “£10,590” substitute “£20,000”.

38Amendments to the SchedulesI1

In Schedule 1, after paragraph 5 (persons with leave to enter or remain and their family members) insert—

“Persons with section 67 leave to remain

5A.
(1)

A person who—

(a)

is a person with section 67 leave to remain;

(b)

is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2)

A person who—

(a)

is the child of a person with section 67 leave to remain;

(b)

on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;

(c)

is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d)

has been ordinarily resident in the United Kingdom and Islands for the three-year period preceding the first day of the first academic year of the course.

(3)

In this paragraph, “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.”

39I1

In Schedule 4, in paragraph 6 after sub-paragraph (a) insert—

“(aa)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

40I1

After Schedule 6, insert the new schedule set out in Schedule 1 to these Regulations.

41Amendments to the Education (Student Support) (Wales) Regulations 2018I1

The Education (Student Support) (Wales) Regulations 2018f1 are amended in accordance with regulations 42 to 60.

42Amendments to regulation 6I1

In regulation 6 (designated courses – conditions)—

(a)

for condition 4 substitute—

“Condition 4

(a)

Where the course is a full-time course that begins before 1 August 2019, it is provided—

(i)

by a Welsh regulated institution, a protected English provider, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution outside the United Kingdom),

(ii)

by a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, or

(iii)

on behalf of a protected English provider by an institution that was before 1 August 2019 a publicly funded institution.

(b)

Where the course is a part-time course that begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom).

(c)

Where the course is a full-time course that begins on or after 1 August 2019 it is provided by—

(i)

a Welsh regulated institution, an English regulated institution, a Scottish funded institution or a Northern Irish funded institution (whether alone or in conjunction with an institution situated outside the United Kingdom),

(ii)

a charity within the meaning given by section 1 of the Charities Act 2011 on behalf of a Welsh regulated institution, or

(iii)

a registered English institution on behalf of an English plan provider.

(d)

Where the course is a part-time course that begins on or after 1 August 2019 it is provided by—

(i)

a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution situated outside the United Kingdom), or

(ii)

a registered English institution on behalf of an English plan provider.”;

(b)

for paragraph (2)(c) substitute—

“(c)

an institution is not regarded as a Welsh funded institution or a publicly funded institution by reason only that—

(i)

where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, or

(ii)

where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.”;

(c)

after paragraph (2) insert—

“(2A)

For the purpose of paragraph (2)—

(a)

“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992, and

(b)

“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.”

43Amendment to regulation 23I1

After regulation 23 (other persons who cease to have leave to enter or remain) insert—

“Persons who cease to have section 67 leave to remain

23A.
(1)

This regulation applies where—

(a)

a person (“P”) was a Category 3A eligible student (see Schedule 2) in connection with an application for support—

(i)

for an earlier year of the present course,

(ii)

for a full-time course in relation to which the present course is a full-time end-on course, or

(iii)

for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and

(b)

as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which—

(i)

P, or

(ii)

the person who, as a result of having section 67 leave to remain, caused P to be a Category 3A eligible student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(2)

Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.”

44Amendments to regulation 25I1

In regulation 25 (part-time students – restrictions on support for graduates)—

(a)

in paragraph (2), for Case 3 substitute—

“Case 3

The present course leads to an honours degree and is—

(a)

concerned with the study of the history, grammar and use of Welsh,

(b)

listed in the Higher Education Classification of Subjects in one of the following subject areas—

(i)

subjects allied to medicine (CAH02);

(ii)

biological and sport sciences (CAH03);

(iii)

psychology (CAH04);

(iv)

veterinary sciences (CAH05);

(v)

agriculture, food and related studies (CAH06);

(vi)

physical sciences (CAH07);

(vii)

mathematical sciences (CAH09);

(viii)

engineering and technology (CAH10);

(ix)

computing (CAH11), or

(c)

a course whose code and label under the Higher Education Classification of Subjects is listed in Schedule 5A.”;

(b)

for paragraph (3), substitute—

  • “In Case 3 and in Schedule 5A “the Higher Education Classification of Subjects” means the Higher Education Classification of Subjects maintained by the Universities and Colleges Admissions Service and the Higher Education Statistics Agency.”

45Amendment to regulation 40I1

In regulation 40(3) (amount of tuition fee loan), Table 2, for “£5,535” substitute “£5,785”.

46Amendments to regulation 55I1

In regulation 55 (amount of maintenance loan: full-time students), Table 7 for —

(a)

“£6,650” substitute “£6,840”;

(b)

“£10,250” substitute “£10,530”;

(c)

“£8,000” substitute “£8,225”;

(d)

“£3,325” substitute “£3,420”;

(e)

“£5,125” substitute “£5,265”;

(f)

“£4,000” substitute “£4,110”.

47Amendments to regulation 56I1

In regulation 56 (amount of maintenance loan payable: full-time students to whom special support payment payable)—

(a)

in Table 8 for—

(i)

“£7,650” substitute “£7,840”;

(ii)

“£11,250” substitute “£11,530”;

(iii)

“£9,000” substitute “£9,225”;

(b)

in Table 8A for—

(i)

“£3,325” substitute “£3,420”;

(ii)

“£5,125” substitute “£5,265”;

(iii)

“£4,000” substitute “£4,110”.

48Amendments to regulation 57I1

In regulation 57 (increased maintenance loan for full-time students in extended years), Table 9 for—

(a)

“£80” substitute “£84”;

(b)

“£153” substitute “£162”;

(c)

“£120” substitute “£127”.

49Amendment to regulation 58I1

In regulation 58 (amount of maintenance loan: part-time students), Table 10 for “£5,650” substitute “£5,815”.

50Amendment to regulation 58AI1

In regulation 58A (amount of maintenance loan: part-time students who qualify for special support payment), Table 10A for “£6,650” substitute “£6,815”.

51Amendments to regulation 63I1

In regulation 63 (amount of disabled student’s grant), paragraph (2) for—

(a)

“£21,181” substitute “£22,472”;

(b)

“£15,885” substitute “£16,853”;

(c)

“£5,332” substitute “£5,657”;

(d)

“£1,785” substitute “£1,894”;

(e)

“£1,338” substitute “£1,420”.

52Amendments to regulation 80I1

In regulation 80 (qualifying for a tuition fee loan during the academic year)—

(a)

in paragraph (2), after sub-paragraph (b)(i) insert—

“(ia)

the student or the student’s parent becomes a person with section 67 leave to remain;”;

(b)

in paragraph (3), in the appropriate place insert—

  • ““person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);”.

53Amendment to regulation 81I1

In regulation 81 (qualifying for grants or maintenance loan during the academic year), after paragraph (3)(b)(i) insert—

“(ia)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

54Amendments to the SchedulesI1

In Schedule 1, for paragraph 2 substitute—

“Educational institutions

2.

In these regulations “recognised educational institution” means—

(a)

in relation to a full-time course that begins before 1 August 2019—

(i)

a Welsh regulated institution;

(ii)

a protected English provider;

(iii)

a Scottish funded institution; or

(iv)

a Northern Irish funded institution;

(b)

in relation to a part-time course that begins before 1 August 2019 a publicly funded institution;

(c)

in relation to a full-time course that begins on or after 1 August 2019—

(i)

a Welsh regulated institution;

(ii)

an English regulated institution;

(iii)

a Scottish funded institution;

(iv)

a Northern Irish funded institution;

(d)

in relation to a part-time course that begins on or after 1 August 2019—

(i)

a Welsh funded institution;

(ii)

an English regulated institution;

(iii)

a Scottish funded institution;

(iv)

a Northern Irish funded institution.”

55I1

In Schedule 1, after paragraph 2 insert—

“2A.
(1)

In these regulations—

(a)

“Welsh funded institution” means an institution maintained or assisted by recurrent grants out of funds provided by the Welsh Ministers;

(b)

“Welsh regulated institution” means an institution which has a fee and access plan approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015 whilst that plan remains in force;

(c)

“protected English provider” means an institution which on or after 1 August 2018 but before 1 August 2019 was maintained or assisted by recurrent grants pursuant to section 65 of the Further and Higher Education Act 1992 other than an institution maintained or assisted by recurrent grants made by the Higher Education Funding Council for Wales;

(d)

“registered English institution” means an institution registered by the Office for Students in the register;

(e)

“English regulated institution” means a registered English institution subject to a fee limit condition under section 10 of the Higher Education and Research Act 2017f1;

(f)

“English plan provider” means a registered English institution which has an access and participation plan approved by the Office for Studentsf2 under section 29 of the Higher Education and Research Act 2017 and which remains in force;

(g)

“Scottish funded institution” means an institution maintained or assisted by recurrent grants out of funds provided by the Scottish Ministers;

(h)

“Northern Irish funded institution” means an institution maintained or assisted by recurrent grants out of funds provided by the Northern Ireland Executive.

(2)

In sub-paragraph (1) reference to the register is to the register established and maintained by the Office for Students under section 3 of the Higher Education and Research Act 2017.”

56I1

In Schedule 2, after paragraph 3 (category 3 – persons with leave to enter or remain and their family members) insert—

“Category 3A – Persons with section 67 leave to remain

3A.
(1)

A person who—

(a)

is a person with section 67 leave to remain,

(b)

is ordinarily resident in Wales on the first day of the first academic year of the course, and

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2)

A person who—

(a)

is the child of a person with section 67 leave to remain,

(b)

on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain,

(c)

is ordinarily resident in Wales on the first day of the first academic year of the course, and

(d)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3)

In this paragraph—

  • “leave application date” (“dyddiad y cais i gael caniatâd i aros”) means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.

  • “person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

    1. (a)

      has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules, and

    2. (b)

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

57I1

In Schedule 4—

(a)

in paragraph 2(1) for condition 4 substitute—

“Condition 4

(a)

where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution;

(b)

where the course begins on or after 1 August 2019, it is provided by a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution;”;

(b)

for paragraph 2(2)(c) substitute—

“(c)

an institution is not regarded as publicly funded institution or a Welsh funded institution by reason only that—

(i)

where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date, or

(ii)

where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment.”;

(c)

after paragraph 2(2) insert—

“(3)

For the purposes of sub-paragraph (2)—

(a)

“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992; and

(b)

“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.”;

(d)

after paragraph 13 insert—

“Persons who cease to have section 67 leave to remain

13A.
(1)

This paragraph applies where—

(a)

a person (“P”) was a category 3A eligible postgraduate student (see Schedule 2) in connection with an application for a disabled postgraduate student’s grant—

(i)

for an earlier year of the present postgraduate course, or

(ii)

in connection with a course from which P’s status as an eligible postgraduate student has been transferred to the present postgraduate course under paragraph 15, and

(b)

as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant, the period for which—

(i)

P, or

(ii)

the person who, as a result of being a person with section 67 leave to remain, caused P to be a category 3A eligible postgraduate student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(2)

Where this paragraph applies, P’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant.”;

(e)

in paragraph 14, after sub-paragraph (3)(b)(i) insert—

“(ia)

the student or the student’s parent becomes a person with section 67 leave to remain;”;

(f)

in paragraph 14, sub-paragraph (4), in the appropriate place insert—

  • ““person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);”;

(g)

in paragraph 20 for “£10,590” substitute “£20,000”.

58I1

In Schedule 5, paragraph 4—

(a)

after sub-paragraph (2)(a) insert—

“(aa)

the student or the student’s parent becomes a person with section 67 leave to remain;”;

(b)

in sub-paragraph (3), in the appropriate place insert—

  • ““person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”);”.

59I1

After Schedule 5, insert the new schedule set out in Schedule 2 to these Regulations.

60I1

In Schedule 7 (index of defined terms), Table 16, insert the following entries into the appropriate places—

“English plan provider”Schedule 1, paragraph 2(1)
“English regulated institution”Schedule 1, paragraph 2(1)
“Northern Irish funded institution”Schedule 1, paragraph 2(1)
“person with section 67 leave to remain”Schedule 2, paragraph 3A(3)
“protected English provider”Schedule 1, paragraph 2(1)
“registered English institution”Schedule 1, paragraph 2(1)
“Scottish funded institution”Schedule 1, paragraph 2(1)
“Welsh funded institution”Schedule 1, paragraph 2(1)
“Welsh regulated institution”Schedule 1, paragraph 2(1)

61Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018I1

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018f1 are amended in accordance with regulations 62 to 66.

62Amendments to regulation 2I1

In regulation 2 (interpretation), in paragraph (1) in the appropriate places insert—

  • ““English plan provider” (“darparwr cynllun Seisnig”) means a registered English institution which has an access and participation plan approved by the Office for Students under section 29 of the Higher Education and Research Act 2017 and which remains in force;”;

  • ““English regulated institution” (“sefydliad rheoleiddiedig Seisnig”) means a registered English institution subject to a fee limit condition under section 10 of the Higher Education and Research Act 2017;”;

  • ““Northern Irish funded institution” (“sefydliad a gyllidir gan Ogledd Iwerddon”) means an institution maintained or assisted by recurrent grants out of funds provided by the Northern Ireland Executive;”;

  • ““person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

    1. (a)

      has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; and

    2. (b)

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

  • ““registered English institution” (“sefydliad Seisnig cofrestredig”) means an institution registered by the Office for Students in the register;”;

  • ““Scottish funded institution” (“sefydliad a gyllidir gan yr Alban”) means an institution maintained or assisted by recurrent grants out of funds provided by the Scottish Ministers;”; and

  • ““Welsh funded institution” (“sefydliad a gyllidir gan Gymru”) means an institution maintained or assisted by recurrent grants out of funds provided by the Welsh Ministers;”.

63Amendments to regulation 4I1

In regulation 4 (designated courses)—

(a)

for paragraph (1)(b) substitute—

“(b)

it is one of the following—

(i)

where the course begins before 1 August 2019, it is provided by an institution that before 1 August 2019 was a publicly funded institution (whether alone or in conjunction with another such publicly funded institution or with an institution situated outside the United Kingdom);

(ii)

where the course begins on or after 1 August 2019, it is provided by—

(aa)

a Welsh funded institution, a Scottish funded institution, a Northern Irish funded institution or an English regulated institution (whether alone or in conjunction with an institution within or outside the United Kingdom); or

(ab)

a registered English institution on behalf of an English plan provider;”.

(b)

for paragraph (2)(d) substitute—

“(d)

an institution is not regarded as a publicly funded institution or a Welsh funded institution by reason only that—

(i)

where the course begins before 1 August 2019, it was a connected institution which received a relevant payment before that date; or

(ii)

where the course begins on or after 1 August 2019, it is a connected institution which receives a relevant payment;”

(c)

after paragraph (2) insert—

“(2A)

For the purpose of paragraph (2)—

(a)

“a connected institution” means a connected institution within the meaning of section 65(3B) of the Further and Higher Education Act 1992; and

(b)

“a relevant payment” means the payment of the whole or part of any grant, loan or other payment from the governing body of an institution which is provided to the connected institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.”

64Amendment to regulation 8I1

In regulation 8 (events), after paragraph (b) insert—

“(ba)

the student or the student’s parent becomes a person with section 67 leave to remain;”.

65Amendments to regulation 13I1

In regulation 13 (amount of postgraduate doctoral degree loan)—

(a)

in paragraph (1) for “£25,000” substitute “£25,700”;

(b)

in paragraph (2)(b) for “£25,000” substitute “£25,700”.

66Amendment to Schedule 1I1

In Schedule 1, after paragraph 6 (persons with leave to enter or remain and their family members) insert—

“Persons with section 67 leave to remain

6A.
(1)

A person who—

(a)

is a person with section 67 leave to remain;

(b)

is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2)

A person who—

(a)

is the child of a person with section 67 leave to remain;

(b)

on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;

(c)

is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3)

In this paragraph—

  • “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.”

Signature

Kirsty Williams

Minister for Education, one of the Welsh Ministers

12 February 2019

Schedule 1I1

“Schedule 7

Higher Education Classification of Subjects Course Codes and Labels

(Regulation 81(28))

Table 1 sets out the Higher Education Classification of Subjects (HECoS) course codes and labels for the purposes of paragraph (28)(c) of regulation 81.

Table 1

HECoS codeHECoS label
100706Hair and make-up
101374Hair services
100131Radiology
100456Childhood studies
100302History
100337Philosophy
100621Gender studies
101233Cultural studies
100986Water resource management
100807Heritage management
101091Quaternary studies
101078Applied environmental sciences
101079Hydrology
101072Pollution control
100381Environmental sciences
101070Climate change
101067Soil science
101394Glaciology and cryospheric systems
100408Environmental geography
101352Biogeography
101065Maritime geography
101064Geomorphology
100410Physical geography
101058Mapping science
101056Remote sensing
100369Geographical information systems
100052Ergonomics

”

Schedule 2I1

“Schedule 5A

Higher Education Classification of Subjects Course Codes and Labels

(Regulation 25(2))

Table 15A sets out the Higher Education Classification of Subjects (HECoS) course codes and labels for the purposes of sub-paragraph (c) of Case 3 in regulation 25(2).

Table 15A

HECoS codeHECoS label
100706Hair and make-up
101374Hair services
100131Radiology
100456Childhood studies
100302History
100337Philosophy
100621Gender studies
101233Cultural studies
100986Water resource management
100807Heritage management
101091Quaternary studies
101078Applied environmental sciences
101079Hydrology
101072Pollution control
100381Environmental sciences
101070Climate change
101067Soil science
101394Glaciology and cryospheric systems
100408Environmental geography
101352Biogeography
101065Maritime geography
101064Geomorphology
100410Physical geography
101058Mapping science
101056Remote sensing
100369Geographical information systems
100052Ergonomics

”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend—

(a)

the Education (Fees and Awards) (Wales) Regulations 2007 (“the Fees and Awards Regulations”);

(b)

the Education (European University Institute) (Wales) Regulations 2014 (“the European University Institute Regulations”);

(c)

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

(d)

the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”);

(e)

the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”); and

(f)

the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Regulations”).

The Fees and Awards Regulations provide that, in the circumstances described in the Regulations, it is lawful for institutions to discriminate between some or all of those persons mentioned in the Schedule and any other person by charging higher fees to persons not mentioned in the Schedule, than the fees which are charged to persons so mentioned. Regulations 3, 4 and 6(b) of these Regulations make technical amendments to the Fees and Awards Regulations to update and correct language used. Regulations 5 and 6(a) and (c) of these Regulations amend regulation 5 of and the Schedule to the Fees and Awards Regulations to create a new category of persons: persons with section 67 leave to remain.

The European University Institute Regulations provide for support for one eligible student taking a designated higher education course at the European University Institute. Regulations 8 to 10 of these Regulations make amendments to the European University Institute Regulations to insert definitions and to create a new category of eligible student: persons with section 67 leave to remain.

The Qualifying Courses and Persons Regulations prescribe the qualifying courses and persons for the purposes of section 5 of the Higher Education (Wales) Act 2015, which sets out that fee and access plans must specify (or provide for the determination of) fee limits in relation to qualifying courses and qualifying persons each academic year. Regulations 12 and 13(b) make technical amendments to the Qualifying Courses and Persons Regulations to update and correct language used. Regulation 13(a) and (c) of these Regulations makes amendments to the Qualifying Courses and Persons Regulations to add a new category to the list of persons who may be qualifying persons: persons with section 67 leave to remain.

The 2017 Regulations provide for financial support for eligible students taking designated higher education courses which begin before 1 September 2018. The 2018 Regulations provide for financial support for eligible students taking designated higher education courses which begin on or after 1 September 2018.

Regulation 15 amends regulation 2(1) of the 2017 Regulations. It makes amendments to existing definitions and inserts a definition of “person with section 67 leave to remain”. Regulation 38 makes amendments to Schedule 1 to the 2017 Regulations to create a new category of eligible student: persons with section 67 leave to remain.

Regulations 16, 18, 22, 26, 28, 29, 30(a) and (b), 31, 34, 35 and 39 make amendments to the 2017 Regulations which are consequential on the amendments made by regulations 15 and 38.

Regulations 21 and 34(a) correct errors in the 2017 Regulations.

Regulation 17 amends regulation 5 of the 2017 Regulations. It provides a new basis for the designation of full-time courses by the 2017 Regulations.

Regulations 19, 20, 23, 24, 25, 27, 33 and 37 substitute figures in regulations 16, 19, 24, 43, 45, 50, 88 and 117 of the 2017 Regulations, concerning grants and loans for tuition fees and living costs for full-time students, grants for disabled part-time students’ living costs and support for postgraduate students with disabilities.

Regulation 30(c) amends paragraphs (28) and (29) of regulation 81 of the 2017 Regulations. This amendment replaces references to the Joint Academic Coding System as maintained by the Universities and Colleges Admission Service (“UCAS”) with references to the Higher Education Classification of Subjects maintained by UCAS and the Higher Education Statistics Agency.

Regulation 32 amends regulation 83 of the 2017 Regulations. It provides a new basis for the designation of part-time courses by the 2017 Regulations.

Regulation 36 amends regulation 112 of the 2017 Regulations. It provides a new basis for the designation of postgraduate courses by the 2017 Regulations.

Regulation 40 introduces Schedule 1, which provides for a new Schedule 7 to the 2017 Regulations. This relates to the amendments made by regulation 30(c).

Regulation 42 amends regulation 6 of the 2018 Regulations. It provides a new basis for the designation of full-time and part-time courses by the 2018 Regulations.

Regulation 45 corrects an error in the 2018 Regulations.

Regulation 56 amends Schedule 2 to the 2018 Regulations to create a new category of eligible student: persons with section 67 leave to remain.

Regulations 43, 52, 53, 57(d) and 58 make amendments to the 2018 Regulations which are consequential on the amendments made by regulation 56.

Regulation 44 amends regulation 25 of the 2018 Regulations. This amendment replaces references to the Joint Academic Coding System with references to the Higher Education Classification of Subjects.

Regulations 46, 47, 48, 49, 50 and 51 substitute figures in regulations 55, 56, 57, 58, 58A and 63 of the 2018 Regulations respectively, which concerns maintenance loans for full-time and part-time students and disabled student’s grant.

Regulations 54 and 55 amend paragraph 2 of Schedule 1 to the 2018 Regulations. The amendments introduce new definitions of educational institutions.

Regulation 57(a), (b) and (c) amends paragraph 2 of Schedule 4 to the 2018 Regulations. It provides a new basis for the designation of courses for the purposes of the disabled postgraduate student’s grant by the 2018 Regulations.

Regulation 59 introduces Schedule 2, which provides for a new Schedule 5A to the 2018 Regulations. This relates to the amendments made by regulation 44.

Regulation 60 amends the index of defined expressions in Schedule 7 to the 2018 Regulations.

The Doctoral Regulations provide for financial support for eligible students undertaking designated postgraduate doctoral degree courses.

Regulation 62 amends regulation 2 of the Doctoral Regulations. It provides for new and amended definitions related to other amendments made by these Regulations.

Regulation 63 amends regulation 4 of the Doctoral Regulations. It provides a new basis for the designation of postgraduate doctoral degree courses by the Doctoral Regulations.

Regulation 65 substitutes figures in regulation 13 of the Doctoral Regulations, concerning the amount of postgraduate doctoral degree loan.

Regulation 66 amends Schedule 1 to the Doctoral Regulations to create a new category of eligible student: persons with section 67 leave to remain. Regulation 64 makes an amendment to regulation 8 of the Doctoral Regulations which is consequential on the amendments made by regulation 66.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained form the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.