Regulation 3 Exemption: education

(1)

Section 65(4) of the National Security Act 2023 (requirement to register foreign activity arrangements) does not apply to an arrangement or agreement to the extent that paragraph (2) or (3) applies to the arrangement or agreement.

(2)

This paragraph applies to an arrangement or agreement, between a foreign power and a person providing further education or a course of higher education in the United Kingdom, if the purpose of the arrangement or agreement is to facilitate the making of a further arrangement or agreement to which paragraph (3) applies (whether or not the foreign power is a party to that further arrangement or agreement).

(3)

This paragraph applies to an arrangement or agreement for the provision of financial assistance (whether by waiving fees, providing funds or otherwise) to an individual (“S”)—

(a)

while S is receiving further education or undertaking a course of higher education in the United Kingdom,

(b)

where, if S is undertaking a course of higher education and the ATAS condition applies, that condition is met, and

(c)

where, pursuant to that arrangement or agreement, S is directed to carry out any activity which is reasonably necessary in order to ensure that S—

(i)

continues, fully participates in, devotes sufficient time to or successfully completes that education or course (for example, attending events organised by the provider of the education or course),

(ii)

upholds the reputation of the provider of the assistance or the provider of the education or course (for example, acknowledging them in articles published by S),

(iii)

meets standards of conduct reasonably expected by the provider of the assistance or the provider of the education or course, or

(iv)

notifies any person of any of the details set out in paragraph (4).

(4)

The details mentioned in paragraph (3)(c)(iv) are—

(a)

current contact details for S;

(b)

any other information about S which is reasonably required by any person in order to—

(i)

assess the amount of financial assistance to be provided under the arrangement or agreement,

(ii)

monitor S’s progress towards successfully completing the education or course, or

(iii)

verify S’s compliance with another direction given pursuant to the arrangement or agreement.

(5)

In this regulation—

“course of higher education” means—
1. (a)
  
  in England and Wales, a course of education of any description mentioned in Schedule 6 to the Education Reform Act 1988^f1;
2. (b)
  
  in Scotland, a course of education of any description referred to in section 5(3) of the Further and Higher Education (Scotland) Act 2005^f2;
3. (c)
  
  in Northern Ireland, a course of education of any description referred to in paragraph 1 of Schedule 1 to the Further Education (Northern Ireland) Order 1997^f3;
“further education”—
1. (a)
  
  in England and Wales, has the meaning given by section 2(3) and (5) of the Education Act 1996^f4;
2. (b)
  
  in Scotland, has the same meaning as the definition of “fundable further education” given by section 5(1) and (2) of the Further and Higher Education (Scotland) Act 2005;
3. (c)
  
  in Northern Ireland, has the meaning given by Article 3 of the Further Education (Northern Ireland) Order 1997.

(6)

For the purposes of paragraph (3)(b)—

(a)

the ATAS condition applies if S has leave to enter or remain in the United Kingdom granted in accordance with rules made under section 3(2) of the Immigration Act 1971^f5 subject to a condition requiring S to obtain an Academic Technology Approval Scheme clearance certificate before commencing the course;

(b)

the ATAS condition is met if S obtains, or arrangements are in place to ensure that S obtains, such a certificate before S commences the course.

Annotations

Footnotes

f1: 1988 c. 40.
f2: 2005 asp. 6.
f3: S.I. 1997/1772 ( N.I. 15).
f4: 1996 c. 56. Relevant amendments were made by paragraph 33 of Schedule 21 and Part 3 of Schedule 22 to, the Education Act 2002 (c. 32).
f5: 1971 c. 77.