Regulation 2 Interpretation

England and Wales

In these Regulations—

(a)

“the Act” means the Higher Education and Research Act 2017;

(b)

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and before 31st December, respectively;

F1(ba)

“allied health profession subject” means chiropody, a dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy or speech and language therapy;

(F2bza)

“the course start date” means the day on which the first term of the first academic year of a course actually begins;

(bb)

“dental profession subject” means dental hygiene, dental therapy and dental hygiene or dental therapy;

(F3bbzza)

“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

(F4bbza)

“person granted indefinite F5leave to enter or remain as a bereaved partner” means a person—

(i)

granted indefinite F6leave to enter or remain in the United Kingdom F7... F8...—

(F9aa)

F10under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules;

(bb)

where such leave was granted before the coming into force of Appendix Bereaved Partner, F11under paragraph 288 of the immigration rules, as a person in relation to whom the requirements of paragraph 287(b) of those rules were met (bereaved partners);

(cc)

where such leave was granted before the coming into force of Appendix Bereaved Partner, F12under paragraph 295N of the immigration rules, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);

(dd)

where such leave was granted before the coming into force of Appendix Bereaved Partner, F13under paragraph D-BPILR.1.1 of Appendix FM (bereaved partners) of the immigration rules; F14...

(ee)

where such leave was granted before the coming into force of Appendix Bereaved Partner, F15under paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces) of the immigration rules;

(F16ff)

under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(gg)

where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997; and

(ii)

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

(F17bba)

“person granted indefinite F18leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

(i)

granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules F19...—

(F20aa)

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

(bb)

where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

(ii)

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

(F21bbaa)

“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

()

F22“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme F23, a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(bbab)

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(i)

who has—

(aa)

indefinite leave to enter or remain in the United Kingdom, outside the immigration rules F24..., on the basis of the Afghan Citizens Resettlement Scheme; F25and

F26(bb)

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

(ii)

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

(bbac)

F27“person granted leave under the Afghan Relocations and Assistance F28Policy Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the F29immigration rules, having been relocated to the United Kingdom pursuant to paragraph F30276BB1(iii)(a) of the F31immigration rules;

(F32ia)

indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;

(ii)

leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; F33or

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; F34and

F35(iv)

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

(b)

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

()

F36“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the F37immigration rules; or

(ii)

outside the F38immigration rules where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

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

()

“person granted leave under the Ukraine Extension Scheme” means a person—

(a)

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the F39immigration rules F40, as it had effect on the day such leave was granted; and

(b)

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

()

“person granted leave under the Ukraine Family Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the F41immigration rules F42, as it had effect on the day such leave was granted; or

(ii)

outside the F43immigration rules where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

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

()

F44“person granted leave under the Ukraine Permission Extension Scheme” means a person—

(a)

who has leave to remain in the United Kingdom under F45paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules; and

(b)

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

(F46bbb)

“person granted Calais leave” means a person who—

(i)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules F47...; and

(ii)

has been ordinarily resident in the United Kingdom and the Islands since the person was F48granted such leave to remain;

(bc)

“pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course and which qualification is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i)

the Health and Care Professions Council, for operating department practice and allied health profession subjects other than dental profession subjects;

(ii)

the Nursing and Midwifery Council, for midwifery or nursing;

(iii)

the General Dental Council, for dental profession subjects;

(iv)

the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work;

(c)

“register” means the register maintained by the Office for Students under section 3 of the Act; and

(d)

“single course” means a course to which regulation 5(8) of the Education (Student Support) Regulations 2011 M1 applies and which falls within the description of a course in that regulation.

Annotations

Textual amendments

F1: Reg. 2(ba)-(bc) inserted (25.7.2018) by The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018 (S.I. 2018/903), regs. 1, 14
F2: Reg. 2(bza) inserted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 98
F3: Reg. 2(bbzza) inserted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(a)
F4: Reg. 2(bbza) inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 16(2)
F5: Words in reg. 2(bbza) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(a) (with reg. 2(2)(b)(4))
F6: Words in reg. 2(bbza)(i) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(i)(aa) (with reg. 2(2)(b)(4))
F7: Words in reg. 2(bbza)(i) omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(i)(bb) (with reg. 2(2)(b)(4))
F8: Words in reg. 2(bbza)(i) omitted (16.2.2023) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(b)
F9: Reg. 2(bbza)(i)(aa)-(ee) substituted for reg. 2(bbza)(i)(aa)-(dd) (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 13
F10: Words in reg. 2(bbza)(i)(aa) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(ii) (with reg. 2(2)(b)(4))
F11: Words in reg. 2(bbza)(i)(bb) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(iii) (with reg. 2(2)(b)(4))
F12: Words in reg. 2(bbza)(i)(cc) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(iv) (with reg. 2(2)(b)(4))
F13: Words in reg. 2(bbza)(i)(dd) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(v) (with reg. 2(2)(b)(4))
F14: Word in reg. 2 omitted (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(vi) (with reg. 2(2)(b)(4))
F15: Words in reg. 2(bbza)(i)(ee) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(vii) (with reg. 2(2)(b)(4))
F16: Reg. 2(bbza)(i)(ff)(gg) inserted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 23(1)(b)(viii) (with reg. 2(2)(b)(4))
F17: Reg. 2(bba) inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(6)(a)
F18: Words in reg. 2(bba) substituted (with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 39(1)(a)
F19: Words in reg. 2(bba)(i) omitted (16.2.2023) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(c)
F20: Reg. 2(bba)(i)(aa)(bb) substituted for reg. 2(bba)(i)(aa)-(cc) (with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 39(1)(b)
F21: Reg. 2(bbaa)(bbab) inserted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 26(1)(a) (with reg. 1(3))
F22: Words in reg. 2 inserted (with application in accordance with reg. 1(4)(f) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 19(1)(a)
F23: Words in reg. 2 inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 6(a)
F24: Words in reg. 2(bbab) omitted (16.2.2023) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(d)
F25: Word in reg. 2(bbab)(i)(aa) substituted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(a)(i)
F26: Reg. 2(bbab)(i)(bb) omitted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(a)(ii)
F27: Words in reg. 2 inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 51(1)
F28: Word in reg. 2 inserted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 26(1)(b)(i) (with reg. 1(3))
F29: Words in reg. 2(bbac)(a)(i) substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(e)(i)
F30: Word in reg. 2 substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 26(1)(b)(ii) (with reg. 1(3))
F31: Words in reg. 2(bbac)(a)(i)(bbac) substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(e)(ii)
F32: Reg. 2(bbac)(a)(ia) substituted (15.2.2024) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 40
F33: Word in reg. 2 inserted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(b)(i)
F34: Word in reg. 2 substituted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(b)(ii)
F35: Words in reg. 2 omitted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(b)(iii)
F36: Words in reg. 2 inserted (with application in accordance with reg. 1(4)(f) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 19(1)(b)
F37: Words in reg. 2 substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(g)(i)
F38: Words in reg. 2 substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(g)(ii)
F39: Words in reg. 2 substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(h)
F40: Words in reg. 2 inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 27(a)
F41: Words in reg. 2 substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(i)(i)
F42: Words in reg. 2 inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 27(b)
F43: Words in reg. 2 substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(i)(ii)
F44: Words in reg. 2 inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 6(b)
F45: Words in reg. 2 substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 27(c)
F46: Reg. 2(bbb) inserted (13.2.2020) (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(6)(a)
F47: Words in reg. 2(bbb)(i) omitted (16.2.2023) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 100(f)
F48: Words in reg. 2(bbb)(ii) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 55

Marginal citations

M1: S.I. 2011/1986.