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The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024

W.S.I. 2024/810 · Made 18 July 2024 · Extends to England and Wales

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

Education, Wales

Made 18 July 2024

Laid before Senedd Cymru 19 July 2024

Coming into force 9 August 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 1983f1 and sections 22(1)(a) and (2)(a) and 42(6) of the Teaching and Higher Education Act 1998f2, and now exercisable by themf3, and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015f4.

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(a) and (b); 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 (W. 243), Schedule 1, paragraph 9; S.I. 2010/1080, Schedule 1, paragraph 12; 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(1) was amended by the Learning and Skills Act 2000 (c. 21), section 146. See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.

f3

The functions of the Secretary of State in section 1 of the Education (Fees and Awards) Act 1983 were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the National Assembly for Wales (Transfer of Functions) Order 2006, article 2(a) (S.I. 2006/1458) with effect from 8 June 2006. The functions of the Secretary of State in section 2 of that Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672) with effect from 1 July 1999. The function of the Secretary of State in section 22(1) of the Teaching and Higher Education Act 1998 was transferred to the National Assembly for Wales, so far as it relates to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8). Section 44 of the Higher Education Act 2004 also provided that the functions in section 22(2)(a) of the Teaching and Higher Education Act 1998 were to be exercised by the National Assembly for Wales concurrently with the Secretary of State, so far as they relate to making provision in relation to Wales. The Secretary of State’s function in section 42(6) of the Teaching and Higher Education Act 1998, in so far as being exercisable in relation to Wales, was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

f4

2015 anaw 1. See section 57(1) for the definitions of “prescribed” and “regulations”.

Contents

  1. Part 1: Title and coming into force
  2. 1Title and coming into force
  3. Part 2: Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
  4. Chapter 1: Introduction
  5. 2Regulation 2
  6. Chapter 2: Person granted leave to remain as a protected partner
  7. 3Regulation 3
  8. Part 3: Amendments to the Education (European University Institute) (Wales) Regulations 2014 Repealed
  9. Chapter 1: Introduction Repealed
  10. 4Regulation 4 Repealed
  11. Chapter 2: Person granted leave to remain as a protected partner Repealed
  12. 5Regulation 5 Repealed
  13. 6Regulation 6 Repealed
  14. 7Regulation 7 Repealed
  15. Part 4: Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
  16. Chapter 1: Introduction
  17. 8Regulation 8
  18. Chapter 2: Person granted leave to remain as a protected partner
  19. 9Regulation 9
  20. Part 5: Amendments to the Education (Student Support) (Wales) Regulations 2017
  21. Chapter 1: Introduction
  22. 10Regulation 10
  23. Chapter 2: Person granted leave to remain as a protected partner
  24. 11Regulation 11
  25. 12Regulation 12
  26. 13Regulation 13
  27. 14Regulation 14
  28. 15Regulation 15
  29. 16Regulation 16
  30. 17Regulation 17
  31. 18Regulation 18
  32. 19Regulation 19
  33. 20Regulation 20
  34. 21Regulation 21
  35. Part 6: Amendments to the Education (Student Support) (Wales) Regulations 2018
  36. Chapter 1: Introduction
  37. 22Regulation 22
  38. Chapter 2: Person granted leave to remain as a protected partner
  39. 23Regulation 23
  40. 24Regulation 24
  41. 25Regulation 25
  42. 26Regulation 26
  43. 27Regulation 27
  44. 28Regulation 28
  45. 29Regulation 29
  46. Part 7: Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
  47. Chapter 1: Introduction
  48. 30Regulation 30
  49. Chapter 2: Person granted leave to remain as a protected partner
  50. 31Regulation 31
  51. 32Regulation 32
  52. 33Regulation 33
  53. Part 8: Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
  54. Chapter 1: Introduction
  55. 34Regulation 34
  56. Chapter 2: Person granted leave to remain as a protected partner
  57. 35Regulation 35
  58. 36Regulation 36
  59. 37Regulation 37
  60. Signature
  61. Explanatory note

1Title and coming into forceI1

(1)

The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024.

(2)

These Regulations come into force on 9 August 2024.

2I1

The Education (Fees and Awards) (Wales) Regulations 2007f1 are amended in accordance with this Part.

3I1

In the Schedule—

(a)

in paragraph 1, in the definition of “person granted leave to remain as a protected partner”—

(i)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “caniatâd iddo aros” substitute “caniatâd iddo ddod i mewn neu aros”;

(iii)

before paragraph (a) insert—

“(1)

in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after paragraph (1) insert—

“(2)

in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(a)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abusef1, or

(b)

paragraph BP 11.1 of Appendix Bereaved Partnerf2.”;

(b)

in paragraph 4B (persons granted leave to remain as a protected partner and their children)—

(i)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(ii)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(iii)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(iv)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(v)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain ”;

(vi)

in sub-paragraph (3), for “leave to remain” in both places it occurs, substitute “leave to enter or remain”.

4F1

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5F1

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6F1

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7F1

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8I1

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

9I1

In the Schedule—

(a)

in paragraph 1(1), in the definition of “person granted leave to remain as a protected partner”—

(i)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “caniatâd iddo aros” substitute “caniatâd iddo ddod i mewn neu aros”;

(iii)

before paragraph (a) insert—

“(1)

in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after paragraph (1) insert—

“(2)

in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(a)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(b)

paragraph BP 11.1 of Appendix Bereaved Partner.”;

(b)

in paragraph 4B (persons granted leave to remain as a protected partner and their children)—

(i)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(ii)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(iii)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(iv)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(v)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(vi)

in sub-paragraph (3), for “leave to remain” substitute “leave to enter or remain”.

10I1

The Education (Student Support) (Wales) Regulations 2017f1 are amended in accordance with this Part.

11I1

In regulation 2(1), in the definition of “person granted leave to remain as a protected partner”—

(a)

for “leave to remain”, in both it occurs places, substitute “leave to enter or remain”;

(b)

for “caniatâd iddo aros” substitute “caniatâd iddo ddod i mewn neu aros”;

(c)

before paragraph (a) insert—

“(1)

in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(d)

after paragraph (1) insert—

“(2)

in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(a)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(b)

paragraph BP 11.1 of Appendix Bereaved Partner.”

12I1

In regulation 4(10C)—

(a)

in sub-paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (b), for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”.

13I1

In regulation 15(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

14I1

In regulation 23(12)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

15I1

In regulation 49(2)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

16I1

In regulation 81(10C)—

(a)

in sub-paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (b), for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”.

17I1

In regulation 82(4)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

18I1

In regulation 110(12C)—

(a)

in sub-paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (b), for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”.

19I1

In regulation 111(2)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

20I1

In Schedule 1, in paragraph 4ZB (persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3), for “leave to remain” substitute “leave to enter or remain”.

21I1

In Schedule 4, in paragraph 6(aa), for “granted leave to remain” substitute “granted leave to enter or remain”.

22I1

The Education (Student Support) (Wales) Regulations 2018f1 are amended in accordance with this Part.

23I1

In regulation 23C (persons who cease to have leave to remain as a protected partner)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(d)

in the words after paragraph (1)(b)(ii), for “further leave to remain” substitute “further leave to enter or remain”.

24I1

In regulation 80—

(a)

in paragraph (2)(b)(ia), for “granted leave to remain” substitute “granted leave to enter or remain”;

(b)

in paragraph (3), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

25I1

In regulation 81(3)(b)(ia), for “with leave to remain” substitute “with leave to enter or remain”.

26I1

In Schedule 2, in paragraph 2ZB (category 2ZB - persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3)(a), for “leave to remain” substitute “leave to enter or remain”;

(g)

in sub-paragraph (3)(b)—

(i)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “under any of the following provisions of the immigration rules” substitute “under any provisions of the immigration rules specified in either of the following cases”;

(iii)

before sub-paragraph (i) insert—

“Case 1

  • In the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after sub-paragraph (vii) insert—

“Case 2

  • In the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

    1. (i)

      paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

    2. (ii)

      paragraph BP 11.1 of Appendix Bereaved Partner.”

27I1

In Schedule 4—

(a)

in paragraph 13C—

(i)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(ii)

in sub-paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(iii)

in the words following sub-paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(b)

in paragraph 14—

(i)

in sub-paragraph (3)(b)(ia), for “person with leave to remain” substitute “person with leave to enter or remain”;

(ii)

in sub-paragraph (4), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

28I1

In Schedule 5, in paragraph 4—

(a)

in sub-paragraph (2)(aa), for “person with leave to remain” substitute “person with leave to enter or remain”;

(b)

in sub-paragraph (3), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

29I1

In Schedule 7, paragraph 1, in Table 16, for the definition of “leave to remain as a protected partner” substitute “leave to enter or remain as a protected partner”.

30I1

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018f1 are amended in accordance with this Part.

31I1

In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave to remain as a protected partner”—

(a)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(b)

for “caniatâd iddo aros”, substitute “caniatâd iddo ddod i mewn neu aros”;

(c)

before paragraph (a) insert—

“(1)

in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(d)

after paragraph (1) insert—

“(2)

in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

(a)

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(b)

paragraph BP 11.1 of Appendix Bereaved Partner.”

32I1

In regulation 8(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

33I1

In Schedule 1, in paragraph 4B (persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3), for “leave to remain” substitute “leave to enter or remain”.

34I1

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019f1 are amended in accordance with this Part.

35I1

In regulation 16—

(a)

in paragraph (1)(b)(viii) for “granted leave to remain” substitute “granted leave to enter or remain”;

(b)

in paragraph (2), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

36I1

In Schedule 2, in paragraph 2B (category 2B - persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3)(a), for “leave to remain” substitute “leave to enter or remain”;

(g)

in sub-paragraph (3)(b)—

(i)

for “leave to remain” in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “under any of the following provisions of the immigration rules” substitute “under any provisions of the immigration rules specified in either of the following cases”;

(iii)

before sub-paragraph (i) insert—

“Case 1

  • In the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after sub-paragraph (vii) insert—

“Case 2

  • In the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—

    1. (i)

      paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

    2. (ii)

      paragraph BP 11.1 of Appendix Bereaved Partner.”

37I1

In Schedule 4, in paragraph 1, in Table 3, for the definition of “person granted leave to remain as a protected partner” substitute “person granted leave to enter or remain as a protected partner”.

Signature

Lynne Neagle

Cabinet Secretary for Education, one of the Welsh Ministers

18 July 2024

Explanatory note

(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, eligibility requirements for student finance.

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

Parts 2 to 8 amend the definition of a protected partner as a consequence of changes to the immigration rules Appendix Victim of Domestic Abuse and Appendix Bereaved Partner, in the following Regulations—

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

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.