The Education (Student Support) (Wales) Regulations 2012

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires—

“the 1962 Act” (“Deddf 1962”) means the Education Act 1962(1);

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

“the 1998 Regulations” (“Rheoliadau 1998”) means the Education (Student Support) Regulations 1998(2);

“the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Student Support) Regulations 1999(3);

“the 2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) Regulations 2000(4);

“the 2001 Regulations” (“Rheoliadau 2001”) means the Education (Student Support) Regulations 2001(5);

“the 2002 Regulations” (“Rheoliadau 2002”) means the Education (Student Support) Regulations 2002(6);

“the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 2002 as amended(7);

“the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as further amended(8);

“the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 2005(9);

“the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006(10);

“the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007(11);

“the 2008 Regulations” (“Rheoliadau 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008(12);

“the 2008 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2008(13);

“the 2009 Regulations” (“Rheoliadau 2009”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009(14);

“the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011(15);

“the 2011 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011(16);

“2006 gap year student” (“myfyriwr blwyddyn i ffwrdd 2006”) has the meaning given in paragraph (2);

“2010 cohort student” (“myfyriwr carfan 2010”) means an eligible student who begins the present course on or after 1 September 2010 and before 1 September 2011, other than—

(a)

a 2010 gap year student;

(b)

an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 where that course is an end-on course following on from a course that the student started before—

(i)

1 September 2010; or

(ii)

1 September 2011 and in relation to which the student is a 2010 gap year student; or

(c)

an eligible student who started the present course on or after 1 September 2010 and before 1 September 2011 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before—

(i)

1 September 2010; or

(ii)

1 September 2011 and in relation to which the student is a 2010 gap year student;

“2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010 ”) has the meaning given in paragraph (12);

“2011 cohort student” (“myfyriwr carfan 2011”) means an eligible student who begins the present course on or after 1 September 2011 but before 1 September 2012, other than—

(a)

a 2011 gap year student;

(b)

an eligible student who started the present course on or after 1 September 2011 but before 1 September 2012 where that course is an end-on course following on from a course that—

(i)

the student started before 1 September 2011; or

(ii)

the student started before 1 September 2012 and in relation to which the student is a 2011 gap year student; or

(c)

an eligible student who started the present course on or after 1 September 2011 and before 1 September 2012 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began—

(i)

before 1 September 2011; or

(ii)

before 1 September 2012 and in relation to which the student is a 2011 gap year student;

“2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) has the meaning given in paragraph (16);

“2012 accelerated graduate entry student” (“myfyriwr mynediad graddedig carlam 2012”) means an eligible student who begins an accelerated graduate entry course on or after 1 September 2012;

“2012 cohort student” (“myfyriwr carfan 2012”) means an eligible student who begins the present course on or after 1 September 2012, other than —

(a)

an eligible student who started the present course on or after 1 September 2012 where that course is an end-on course following on from a course that the student started before 1 September 2012; or

(b)

an eligible student who started the present course on or after 1 September 2012 whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the student began before 1 September 2012; or

(c)

a 2012 accelerated graduate entry student.

“academic authority” (“awdurdod academaidd”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 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 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

“accelerated course” (“cwrs carlam”) means a course of two years' duration which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year;

“accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a course—

(a)

the standard of which is not higher than a first degree course and which leads to a qualification as a medical doctor or dentist;

(b)

where a first degree or equivalent qualification would normally be required for entry to the course;

(c)

which begins on or after 1 September 2012; and

(d)

which does not exceed 4 years in duration;

“accelerated graduate entry fee loan” (“benthyciad at ffioedd mynediad graddedig carlam”) means a loan payable by the Welsh Ministers under regulation 27;

“adult dependants' grant” (“grant dibynyddion mewn oed”) means the grant payable under regulation 31;

“applicant” (“ceisydd”) means, in relation to a person who applies for support payable under these Regulations to an eligible—

(a)

student, a person who makes an application under regulation 9;

(b)

distance learning student, a person who makes an application under regulation 84;

(c)

part-time student, a person who makes an application under regulation 109; and

(d)

postgraduate student, a person who makes an application under regulation 124;

“borrower” (“benthyciwr”) means a person to whom a loan has been made;

“bursary year” (“blwyddyn bwrsari”) means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;

“childcare grant” (“grant gofal plant”) means the grant payable under regulation 32;

“college fees” (“ffioedd coleg”) means the fees payable by a qualifying student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge in connection with the qualifying student’s attendance on a qualifying course;

“college fee loan” (“benthyciad at ffioedd coleg”) means a loan for college fees payable to a qualifying student pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

“compressed degree course” (“cwrs gradd cywasgedig”) means a course determined by the Secretary of State to be a compressed degree course;

“compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who—

(a)

is undertaking a compressed degree course in the United Kingdom ( the “course”);

(b)

either—

(i)

began the course on or after 1 September 2006 and is continuing on that course after 31 August 2013; or

(ii)

begins the course on or after 1 September 2013; and

(c)

either—

(i)

is required to be in attendance on the course for part of the academic year for which the eligible student is applying for support under these Regulations; or

(ii)

is a disabled eligible student who is not required to be in attendance on the course as that student is unable to attend because of a reason which relates to that student’s disability;

“contribution” (“cyfraniad”) means in relation to—

(a)

an eligible student, the student’s contribution calculated pursuant to regulation 66 and Schedule 5;

(b)

an eligible part-time student, the student’s contribution calculated pursuant to regulation 106 and Schedule 6;

“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

“designated course” (“cwrs dynodedig”) means a course designated by regulation 5 or by the Welsh Ministers under regulation 5;

“designated distance learning course” (“cwrs dysgu o bell dynodedig”) means a course designated by the Welsh Ministers under regulation 78;

“designated part-time course” (“cwrs rhan-amser dynodedig”) means a course designated by regulation 95 or by the Welsh Ministers under regulation 95;

“designated postgraduate course” (“cwrs ôl-radd dynodedig”) means a course designated by regulation 121 or by the Welsh Ministers under regulation 121;

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council(17) on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“distance learning course” (“cwrs dysgu o bell”) means a full-time course beginning on or after 1 September 2012 in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration, enrolment or any examination; or

(b)

on a weekend or during any vacation;

“electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 76;

“eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 93;

“eligible prisoner” (“carcharor cymwys”) means a prisoner—

(a)

who begins the present course on or after 1 September 2012;

(b)

has been authorised by the prisoner Governor or Director or other appropriate authority to study the present course;

(c)

whose earliest release date is within 6 years of the first day of the first academic year of the present course;

(d)

who has not transferred to the present course under regulation 8 from a course beginning before 1 September 2012; and

(e)

is not beginning an end-on course on or after 1 September 2012;

“eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 119;

“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 4;

“employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sail cyflogaeth”) means—

(a)

a scheme established by the Welsh Ministers for the purpose of regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004(18) whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit; or

(b)

a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher training status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit;

“end-on course” (“cwrs penben”) means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course listed in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2008 (No. 2), 2009, 2011 or 2011 (No. 2) Regulations;

(b)

a full-time honours degree course beginning on or after 1 September 2006 which, disregarding any intervening vacation, a student starts to attend immediately after ceasing to attend a full-time foundation degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2008 (No. 2), 2009, 2011 or 2011 (No. 2) Regulations;

(c)

a course for the initial training of teachers beginning before 1 September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

“Erasmus year” (“blwyddyn Erasmus”) means an academic year of a course during which a student is participating in the action scheme of the European Union for the mobility of university students known as ERASMUS(19) and where the student’s course is a course referred to in regulation 5(1)(e) and all the periods of—

(a)

study during the academic year are attended at an institution outside the United Kingdom; or

(b)

work placement during the academic year are attended at a workplace outside the United Kingdom;

“EU national” (“gwladolyn o'r UE”) means a national of a Member State of the European Union;

“European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

“fees” (“ffioedd”) has the meaning given in section 41(1) of the Higher Education 2004(20) except in references to college fees;

“fee contribution loan” (“benthyciad cyfrannu at ffioedd”) means a loan for fees payable to an old system eligible student pursuant to Part 4;

“fee grant” (“grant at ffioedd”) means a grant made by the Welsh Ministers under regulation 19;

“fee loan” (“benthyciad at ffioedd”) means a loan for fees payable to a new system eligible student pursuant to Part 4;

“fee support” (“cymorth at ffioedd”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act and includes fee contribution loans and fee loans in relation to fees under Part 4;

“flexible postgraduate ITT course” (“cwrs HCA hyblyg i ôl-raddedigion”) means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools(21), the Secretary of State or the Higher Education Funding Council for Wales(22) where the course—

(a)

began before 1 September 2010;

(b)

begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

(c)

begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

“former Metropolitan Police District” (“cyn Ardal yr Heddlu Metropolitanaidd”) means—

(a)

Greater London, excluding the city of London, the Inner Temple and the Middle Temple;

(b)

in the county of Essex, in the district of Epping Forest—

• the area of the former urban district of Chigwell,

• the parish of Waltham Abbey;

(c)

in the county of Hertfordshire—

• in the borough of Broxbourne, the area of the former urban district of Cheshunt,

• the district of Hertsmere,

• in the district of Welwyn Hatfield, the parish of Northaw; and

(d)

in the county of Surrey—

• in the borough of Elmbridge, the area of the former urban district of Esher,

• the boroughs of Epsom and Ewell and Spelthorne,

• in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“grant for disabled distance learning students' living costs” (“grant at gostau byw myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 83;

“grant for disabled part-time students' living costs” (“grant at gostau byw myfyrwyr rhan-amser anabl”) means the grant payable under regulation 98;

“grant for disabled students' living costs” (“grant at gostau byw myfyrwyr anabl”) means the grant payable under regulation 29;

“grant for fees” (“grant ar gyfer ffioedd”) means a grant for fees payable to an old system eligible student pursuant to Part 4 of these Regulations;

“grant for living costs” (“grant at gostau byw”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;

“grants for dependants” (“grantiau ar gyfer dibynyddion”) means the grants and allowance listed in regulation 30(1);

“healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968(23) or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(24);

“higher education course” (“cwrs addysg uwch”) means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” (“incwm yr aelwyd”, “incwm aelwyd”, “incwm sydd gan yr aelwyd”) in relation to—

(a)

an eligible student, has the meaning given in Schedule 5;

(b)

an eligible part-time student, has the meaning given in Schedule 6;

“information” (“gwybodaeth”) includes documents;

“Institute” (“yr Athrofa”) means the University of London Institute in Paris(25);

“intensive course” (“cwrs dwys”) means an accelerated course or a compressed degree course;

“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

“loan” (“benthyciad”), except where otherwise indicated, means a loan pursuant to any regulations made by the Welsh Ministers under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” (“benthyciad at gostau byw”) means a loan for living costs pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;

“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

“new cohort student” (“myfyriwr carfan newydd”) means a 2010 cohort student, a 2011 cohort student and a 2012 cohort student;

“new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Minsters under regulation 20;

“new fee loan” (“benthyciad newydd at ffioedd”) means a loan payable by the Welsh Ministers under regulation 25;

“new private institution fee loan” (“benthyciad newydd at ffioedd sefydliad preifat”) means a loan payable by the Welsh Ministers under regulation 26;

“new system eligible student” (“myfyriwr cymwys o dan y drefn newydd”) means an eligible student who—

(a)

is not an old system eligible student; and

(b)

either—

(i)

started the present course on or after 1 September 2006 and is continuing on that course after 31 August 2013; or

(ii)

starts the present course on or after 1 September 2013;

“old award” (“hen ddyfarniad”) is an award within the meaning of the Education (Mandatory Awards) Regulations 2003(26);

“old flexible postgraduate course for the initial training of teachers” (“hen gwrs ôl-radd hyblyg ar gyfer hyfforddiant cychwynnol i athrawon”) means a flexible postgraduate ITT course which a student started to attend before 1 September 2008;

“old system eligible student” (“myfyriwr cymwys o dan yr hen drefn”) means an eligible student who—

(a)

started the present course before 1 September 2006 and who is continuing on that course after 31 August 2012;

(b)

is a 2006 gap year student in relation to the present course;

(c)

started the present course on or after 1 September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from a course that—

(i)

the eligible student started before 1 September 2006; or

(ii)

the eligible student started before 1 September 2007 and in relation to which the eligible student was a 2006 gap year student; or

(d)

started the present course on or after 1 September 2006 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course which the eligible student began—

(i)

before 1 September 2006; or

(ii)

before 1 September 2007 and in relation to which the eligible student was a 2006 gap year student;

“ordinary duration” (“cyfnod arferol”) means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course;

“parents' learning allowance” (“lwfans dysgu ar gyfer rhieni”) means the allowance payable under regulation 33;

“part-time adult dependants' grant” (“grant rhan-amser ar gyfer dibynyddion mewn oed”) means the grant payable under regulation 101;

“part-time childcare grant” (“grant rhan-amser ar gyfer gofal plant”) means the grant payable under regulation 102;

“part-time distance learning course” (“cwrs dysgu o bell rhan-amser”) means a designated part-time course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration, enrolment or any examination; or

(b)

on a weekend or during any vacation;

“part-time grants for dependants” (“grantiau rhan-amser ar gyfer dibynyddion”) means the grants and allowance listed in regulation 100(1);

“part-time parents' learning allowance” (“lwfans dysgu rhan-amser ar gyfer rhieni”) means the allowance payable under regulation 103;

“periods of work experience” (“cyfnodau o brofiad gwaith”) means—

(a)

periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that the student is studying for the student’s course (provided that the period of residence in that country is a requirement of the student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“person with leave to enter or remain” (“person sydd a chaniatâd i ddod i mewn neu i aros”) means a person (“A” in this definition)—

(a)

who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom;

(b)

who has been granted leave to enter or to remain accordingly;

(c)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(27); and

(d)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;

“preliminary course” (“cwrs rhagarweiniol”) means a course listed in paragraph 2 or 3 of Schedule 2 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

“prescribed childcare charges” (“costau rhagnodedig ar gyfer gofal plant”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(28);

“present course” (“cwrs presennol”) means the designated course in respect of which a person is applying for support under regulation 9;

“present distance learning course” (“cwrs dysgu o bell presennol”) means the designated distance learning course in respect of which a person is applying for support under regulation 84;

“present part-time course” (“cwrs rhan-amser presennol”) means the designated part-time course in respect of which a person is applying for support under regulation 109;

“present postgraduate course” (“cwrs ôl-radd presennol”) means the designated postgraduate course in respect of which a person is applying for support under regulation 124;

“prisoner” (“carchator”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person who is detained in a young offender institution;

“private institution” (“sefydliad preifat”) means an institution which is not publicly funded;

“public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;

“publicly funded” (“a ariennir yn gyhoeddus”, “a ariannwyd yn gyhoeddus”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;

“qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”, “athro cymwysedig neu'n athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002(29);

“qualifying course” (“cwrs cymhwysol”) means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—

(a)

leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b)

where it began before 1 September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or

(c)

consists of at least one academic year which is a bursary year;

“qualifying student” (“myfyriwr cymhwysol”) means a person who meets the conditions set out in paragraph 2 of Schedule 4;

“quarter” (“chwarter”) in relation to an academic year means a period in that year—

(a)

beginning on 1 January and ending on 31 March;

(b)

beginning on 1 April and ending on 30 June;

(c)

beginning on 1 July and ending on 31 August; or

(d)

beginning on 1 September and ending on 31 December;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951(30) as extended by the Protocol thereto which entered into force on 4 October 1967(31);

“Research Council” (“Cyngor Ymchwil”) means any of the following research councils—

(a)

Arts and Humanities Research Council,

(b)

Biotechnology and Biological Sciences Research Council,

(c)

Economic and Social Research Council,

(d)

Engineering and Physical Sciences Research Council,

(e)

Medical Research Council,

(f)

Natural Environment Research Council,

(g)

Science and Technology Facilities Council;

“right of permanent residence” (“hawl i breswylio'n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“sandwich course” (“cwrs rhyngosod”) has the meaning given in paragraph (6);

“Scottish healthcare allowance” (“lwfans gofal iechyd yr Alban”) means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(32) granted in respect of a person attending a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” (“cwrs dynodedig a bennir”) has the meaning given in paragraph (7);

“standard student” (“myfyriwr safonol”) is a student who is to be taken—

(a)

to have begun the designated course on the same date as the eligible student in question;

(b)

not to be excused any part of the course;

(c)

not to repeat any part of the course; and

(d)

not to be absent from the course other than during vacations;

“statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the 1962 Act, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 1990(33), the Education (Student Loans) (Northern Ireland) Order 1990(34), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998(35) and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;

“support” (“cymorth”), except where otherwise indicated, means financial support by way of grant or loan made by the Welsh Ministers pursuant to regulations made by them under section 22 of the 1998 Act;

“transitional award” (“dyfarniad trosiannol”) means an award made under the Education (Mandatory Awards) Regulations 1998(36) other than an old award;

“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom;

“type 1 teacher training student” (“myfyriwr math 1 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support under these Regulations are in aggregate at least 6 weeks but less than 10 weeks where the course—

(a)

began before 1 September 2010;

(b)

began on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

(c)

began on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

“type 2 teacher training student” (“myfyriwr math 2 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support under these Regulations are in aggregate 10 weeks or more where the course—

(a)

began before 1 September 2010;

(b)

began on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

(c)

began on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

“type 3 teacher training student” (“myfyriwr math 3 ar gwrs hyfforddi athrawon”) means a new system eligible student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support under these Regulations are in aggregate at least 6 weeks but less than 10 weeks where the course—

(a)

began before 1 September 2010;

(b)

began on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or

(c)

began on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student.

“universal healthcare bursary” (“bwrsari gofal iechyd cyffredinol”) means a healthcare bursary of £1,000 which is—

(a)

payable to a 2012 cohort student or a 2012 accelerated graduate entry student; and

(b)

in relation to a 2012 cohort student is not calculated by reference to that student’s income; or

(c)

in relation to a 2012 accelerated graduate entry student is not calculated by reference to that student’s income.

(2) In these Regulations a person is a “2006 gap year student” (“myfyriwr blwyddyn i ffwrdd 2006”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2005 if the person meets the conditions in paragraphs (3) or (5).

(3) The conditions referred to in paragraph (2) are—

(a) the person had on or before 1 August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the present course or a similar course; and

(b) the first academic year of the present course started on or after 1 September 2006 but before 1 September 2007.

(4) In paragraph (3), a course (“the original course”) is similar to the present course if—

(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

(5) The conditions referred to in paragraph (2) are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2006;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;

(c) the person appealed against the decision not to award the person the qualification or grade;

(d) the appeal was allowed after the last date on which the person could have taken up the offer;

(e) as a result, the person was offered a place on the present course; and

(f) the first academic year of the present course began on or after 1 September 2006 but before 1 September 2007.

(6) In these Regulations—

(a) a course is a “sandwich course” (“cwrs rhyngosod”) if—

(i) it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year;

(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;

(b) in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period;

(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(7) In these Regulations, the “specified designated course” (“cwrs dynodedig a bennir”) means the present course, subject to paragraphs (8) and (9).

(8) Where the student’s status as an eligible student has been transferred to the present course as a result of one or more transfers of that status by the Welsh Ministers from a course (the “initial course”) in connection with which the Welsh Ministers determined the student to be an eligible student pursuant to regulations made by them under section 22 of the 1998 Act, the specified designated course is the initial course.

(9) Where the present course is an end-on course, the specified designated course is the course in relation to which the present course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

(10) In these Regulations, the expression “student who qualifies for a fee grant” (“myfyriwr sydd â hawl i gael grant at ffioedd”), in relation to a qualifying designated course, and any reference to a student who does not qualify for a fee grant are to be construed in accordance with regulation 19.

(11) In these Regulations, the expression “qualifying designated course” (“cwrs dynodedig cymhwysol”), in relation to a student who qualifies for a fee grant, has the meaning given to it by regulation 19.

(12) In these Regulations, a person is a “2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2009 if the person meets the conditions in paragraphs (13) or (15).

(13) The conditions referred to in paragraph (12) are—

(a) the person had on or before 1 August 2009 received an offer, whether conditional or not, of a place on the present course or a similar course; and

(b) the first academic year of the present course started on or after 1 September 2010 but before 1 September 2011.

(14) In paragraph (13), a course (“the original course”) is similar to the present course if—

(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

(15) The conditions referred to in paragraph (12) are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2010;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;

(c) the person appealed against the decision not to award the person the qualification or grade;

(d) the appeal was allowed after the last date on which the person could have taken up the offer;

(e) as a result, the person was offered a place on the present course; and

(f) the first academic year of the present course began on or after 1 September 2010 but before 1 September 2011.

(16) In these Regulations, a person is a “2011 gap year student” (“myfyriwr blwyddyn i ffwrdd 2011”) in relation to a course provided by or on behalf of an institution that was publicly funded as at 1 August 2010 if that person meets the conditions in paragraphs (17) or (19).

(17) The conditions referred to in paragraph (16) are—

(a) the person had on or before 1 August 2010 received an offer, whether conditional or not, of a place on the present course or a similar course; and

(b) the first academic year of the present course started on or after 1 September 2011 but before 1 September 2012.

(18) In paragraph (17), a course (“the original course”) is similar to the present course if—

(a) it appears to the academic authority of the institution providing the present course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the present course is provided by the institution which was to have provided the original course.

(19) The conditions referred to in paragraph (16) are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the present course) the first academic year of which began before 1 September 2011;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to the person;

(c) the person appealed against the decision not to award the person the qualification or grade;

(d) the appeal was allowed after the last date on which the person could have taken up the offer;

(e) as a result, the person was offered a place on the present course; and

(f) the first academic year of the present course began on or after 1 September 2011 but before 1 September 2012.

(20) For the purposes of these Regulations—

(a) a 2011 gap year student is to be treated as a 2010 cohort student;

(b) subject to paragraph (21), where an eligible student starts the present course on or after 1 September 2011 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student;

(c) where an eligible student starts the present course on or after 1 September 2011 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2010 and before 1 September 2011, the student is to be treated as a 2010 cohort student;

(d) subject to paragraph (22), where an eligible student starts the present course on or after 1 September 2012 and that course is an end-on course following on from a designated course (“the earlier course”) which the student started on or after 1 September 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student;

(e) subject to paragraph (22), where an eligible student starts the present course on or after 1 September 2012 and whose status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the 1998 Act from a designated course (“the earlier course”) which the student started on or after 1 September 2011 and before 1 September 2012, the student is to be treated as a 2011 cohort student.

(21) The eligible student referred to in sub-paragraphs (b) and (c) of paragraph (20) is not to be treated as a 2010 cohort student if, in relation to the earlier course, the student is a 2010 gap year student.

(22) The eligible student referred to in sub-paragraphs (d) and (e) of paragraph (20) is not to be treated as a 2011 cohort student, if in relation to the earlier course, the student is a 2011 gap year student.

(1)

1962 c. 12; sections 1 to 4 and Schedule 1 were substituted by the provisions set out in Schedule 5 to the Education Act 1980 (c. 20). Section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4. Section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2. The entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the transitional provisions and savings set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 3.

(2)

S.I. 1998/2003, revoked with savings by S.I. 1999/496.

(3)

S.I. 1999/496, amended by S.I. 1999/2266 and S.I. 2000/1120. These instruments were revoked by S.I. 2000/1121, except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2000.

(4)

S.I. 2000/1121, amended by S.I. 2000/1490, S.I. 2000/2142 and S.I. 2000/2912. These instruments were revoked by S.I. 2001/951 except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2001.

(5)

S.I. 2001/951, amended by S.I. 2001/1730, S.I. 2001/2355 and S.I. 2002/174. These instruments were revoked by S.I. 2002/195 except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2002.

(6)

S.I. 2002/195, amended by S.I. 2002/1318, S.I. 2002/2088 and S.I. 2002/3059. S.I. 2002/195, S.I. 2002/1318 and S.I. 2002/2088 were revoked by S.I. 2002/3200 except in relation to the provision of support to students in respect of an academic year which begins before 1 September 2003. S.I. 2002/3059 was revoked by S.I. 2003/1065.

(7)

S.I. 2002/3200, amended by S.I. 2003/1065 and S.I. 2003/3280. S.I. 2002/3200 and S.I. 2003/1065 were revoked by S.I. 2005/52 with savings.

(8)

S.I. 2002/3200, amended by S.I. 2003/1065, S.I. 2003/3280, S.I. 2004/161, S.I. 2004/1602, S.I. 2004/2041, S.I. 2004/2598, S.I. 2005/1341 and S.I. 2005/2084. There are other amendments which are not relevant to these Regulations. Except for S.I. 2005/1341 and S.I. 2005/2084, these instruments were revoked with savings by S.I. 2005/52. S.I. 2005/1341 and S.I. 2005/2084 were revoked, with savings, in relation to Wales by S.I. 2006/126 (W.19).

(9)

S.I. 2005/52, amended by S.I. 2005/1341, S.I. 2005/2084, S.I. 2005/3482 and S.I. 2006/955. Except for S.I. 2005/3482 and S.I. 2006/955, these instruments were revoked in relation to Wales, with savings, by S.I. 2006/126 (W.19).

(10)

S.I. 2006/126 (W.19), amended by S.I. 2006/1863 (W.196). These instruments were revoked by S.I. 2007/1045 (W.104) with savings in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2006 but before 1 September 2007.

(11)

S.I. 2007/1045 (W.104), amended by S.I. 2007/2312 (W.183), S.I. 2007/2851 (W.248) and S.I. 2007/3230 (W.282). S.I. 2007/1045 (W.104) was revoked, with savings, by S.I. 2008/1273 (W.130).

(12)

S.I. 2008/1273 (W.130), amended by S.I. 2008/2140 (W.189). These instruments were revoked, with savings, by S.I. 2008/3170 (W.283).

(13)

S.I. 2008/3170 (W.283), amended by S.I. 2009/2156 (W.180). S.I. 2008/3170 (W.283) was revoked, with savings, by S.I. 2009/2737 (W.235).

(14)

S.I. 2009/2737 (W.235). This instrument was revoked, with savings by S.I. 2011/148 (W.32)

(15)

S.I. 2011/148 (W.32) as amended by S.I. 2011/1978 (W.218). This instrument was revoked, with savings by S.I. 2011/886 (W.130).

(16)

S.I. 2011/886 (W.130) as amended by S.I. 2011/1978 (W.218), S.I. 2012/14 (W.5) and S.I. 2012/1156 (W.139).

(17)

OJ No L158, 30.04.2004, p.77—123.

(18)

S.I. 2004/1729 (W.173), as amended by S.I. 2007/2811 (W.238), S.I. 2008/215 (W.26) and S.I. 2010/1142 (W.101).

(19)

ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p.1.

(20)

2004 c. 8. Section 41(1) has been amended but those amendments are not relevant to these Regulations.

(21)

This body was originally established under section 1 of the Education Act 1994 (c. 30) as the Teacher Training Agency. By virtue of section 74 of the Education Act 2005 (c. 18), it became known instead as the Training and Development Agency for Schools. The body was abolished by the Education Act 2011 (c. 21) with effect from 1 April 2012.

(22)

See sections 85 — 90 of the Education Act 2005 for HEFCW’s function in relation to teacher training.

(23)

1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, S.I. 2002/2202, article 4(a) and (b), the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004 (S.I. 2004/480); the Children Act 2004 (c. 31), section 55; S.I. 2004/957, the Schedule; the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, S.I. 2007/961, the Schedule and the Health Act 2009, Schedule 1

(24)

S.I. 1972/1265 (N.I. 14).

(25)

The University of London Institute in Paris was formerly known as the British Institute in Paris. The British Institute in Paris formally changed its name on 1 January 2005.

(26)

S.I. 2003/1994, amended by S.I. 2004/1038, S.I. 2004/1792, S.I. 2005/2083, S.I. 2005/3137, S.I. 2005/3482, S.I. 2006/930, S.I. 2007/1629, S.I. 2008/1477 and the Education Act 2005, section 74.

(27)

2002 c. 41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), Schedules 2 and 4, the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9 and S.I. 2010/21.

(28)

Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/766, S.I. 2007/824, S.I. 2007/2479, S.I. 2008/604, S.I. 2008/2169, S.I. 2009/697, S.I. 2009/2887 and S.I. 2010/751 sets out the charges that are prescribed, and thus relevant childcare charges, for the purposes of section 12 of the Tax Credits Act 2002.

(29)

2002 c. 32.

(30)

Cmnd. 9171.

(31)

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

(32)

1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2) and section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(33)

1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4, with savings see the Teaching and Higher Education Act 1998 (Commencement No.2 and Transitional Provisions) Order 1998 (S.I. 1998/2004) (C.46).

(34)

S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

(35)

S.I.1998/1760 (N.I. 14) to which there have been amendments not relevant to these Regulations.

(36)

S.I. 1998/1166, amended by S.I.1998/1972 and revoked with savings by S.I. 1999/1494.