# The Higher Education Short Course Loans Regulations 2022, Regulation 2: Interpretation

Extent: E+W

(1) In these Regulations—
“the 1998 Act” means the Teaching and Higher Education Act 1998;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“applicant” means a person applying for an HESC loan;
“current course” means the HE short course in respect of which an applicant applies for an HESC loan;
“electronic signature” is so much of anything in electronic form as—
(a)is incorporated into or logically associated with any electronic communication or electronic data, and
(b)purports to be so incorporated or associated for the purposes of being used in establishing the authenticity of the communication or data, the integrity of the date, or both;
“eligible prisoner” means a prisoner—
(a)who is serving a sentence of imprisonment in the United Kingdom,
(b) who has been authorised by the prison Governor or Director or other appropriate authority to study the current course, and
(c)whose earliest release date is within 6 years of the first day of the current course;
“eligible student” has the meaning given in regulation 3;
“European Economic Area” means the areas comprised by the EEA states;
“fee loan” means a loan for fees made to an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;
“fees” has the meaning given for the purposes of Part 1 of the Higher Education and Research Act 2017 (see section 85(2) of that Act);
“HE short course” means a course designated by the Secretary of State under regulation 4;
“HESC loan” means a fee loan made pursuant to these Regulations;
“higher education course” means a course providing education (whether or not in preparation for an examination) the standard of which—
(a)is higher than the standard of a course in preparation for examination for the General Certificate of Secondary Education, but
(b)is not higher than the standard of a first degree course;
“information” includes documents;
“institution” means an organisation delivering higher education courses;
“the Islands” means Channel Islands and the Isle of Man;
“loan”, except where otherwise indicated, means a loan made pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, and includes the interest accrued on the loan and any penalties or charges incurred in connection with it;
“overseas territories” means Anguilla; ... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; ... Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;
“period of eligibility”, in relation to an eligible student, has the meaning given in regulation 5;
“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands.
(2) In these Regulations, the following terms have the meanings given in paragraph 1(1) of Schedule 1—
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) “person granted Calais leave”;
(b) “person granted humanitarian protection”;
(c) “person granted indefinite leave to remain as a bereaved partner”;
(d) “person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse”;
(e) “person granted leave under one of the Afghan Schemes”;
(ea) “person granted leave under one of the Ukraine Schemes”
(f) “person granted section 67 leave”;
(g) “person granted stateless leave”;
(h) “person with protected rights”;
(i) “refugee”;
(j) “residence scheme immigration rules”;
(k) “Turkish worker”.
(3) For the purposes of these Regulations, a reference to the United Kingdom and Islands is a reference to the United Kingdom and the Islands taken together.
(4) For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place (but see regulation 7(3) and (4)).
(5) For the purposes of these Regulations, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purposes of undertaking—
(a) the current course, or
(b) a course which, disregarding any intervening vacation, the person undertook immediately before the current course,
is to be considered to be ordinarily resident in the place from which that person moved.
(6) For the purposes of these Regulations, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—
(a) A,
(b) A’s spouse or civil partner,
(c) A’s parent, or
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
(7) For the purposes of paragraph (6), temporary employment outside the area in question includes—
(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
(b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;
(c) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
(d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;
(e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces;
(f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.
(8) For the purposes of these Regulations, an area, other than the United Kingdom or Gibraltar, which—
(a) was previously not part of the EU or the European Economic Area, but
(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas,
is to be considered to have always been a part of the European Economic Area.
(9) For the purposes of these Regulations, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

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Source: https://www.legislation.gov.uk/uksi/2022/349/regulation/2 (the official version)
Page: https://openlegislation.uk/higher-education-short-course-loans-regulations-2022/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.