Regulation 2 Qualifying arrangements

(1)

For the purposes of section 105 of the Act arrangements qualify under that section in relation to Wales if—

(a)

they take the form of registration by an eligible person with a learning account administrator; and

(b)

the registration has not been cancelled or withdrawn in accordance with regulation 4.

(2)

For the purposes of section 105 of the Act arrangements also qualify under that section in relation to Wales if they are—

(a)

arrangements which qualify under section 105 of the Act by virtue of regulations made by the Secretary of State in relation to England ; or

(b)

arrangements which qualify under section 106 of the Act; or

(c)

arrangements which qualify under any provision of an Act of the Scottish Parliament which corresponds to section 105 of the Act,

and if the person who is a party to them is an eligible person or satisfies the conditions in paragraph (3) below.

(3)

The conditions are—

(a)

that the person is resident in Wales; and

(b)

that a grant has been paid in respect of the person’s education and training pursuant to—

(i)

regulations made by the Secretary of State in relation to England under section 108 of the Act;

(ii)

regulations under section 109 of the Act; or

(iii)

regulations under any Act of the Scottish Parliament which corresponds to section 108 of the Act.

(4)

For the purposes of paragraph (3) a person is resident in Wales if that person is temporarily or permanently resident there (unless regulation 9 applies).