The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 No. 74

PART 3 E+W Corresponding amendments to other subordinate legislation

CHAPTER 1 E+W The Education (Fees and Awards) (England) Regulations 2007

SECTION 1 E+W Introductory

Amendment of the Education (Fees and Awards) (England) Regulations 2007 E+W

54.  The Education (Fees and Awards) (England) Regulations 2007(1) are amended in accordance with this Chapter.

Commencement Information

I1 Reg. 54 in force at 16.2.2023, see reg. 1

SECTION 2 E+W Definitions

Insertion of definition of “the course start date” E+W

55.  In regulation 2 (interpretation), after the definition of “award” insert—

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

Commencement Information

I2 Reg. 55 in force at 16.2.2023, see reg. 1

56.—(1) Schedule 1 (eligible students)(2) is amended as follows.—

(2) In paragraph 2A(1) (persons who are settled in the United Kingdom)—

(a) in sub-paragraph (a), for “the day on which the first term of the first academic year of the course actually begins” substitute “the course start date”;

(b) in sub-paragraph (b), for “the day on which the first term of the first academic year of the course actually begins” substitute “the course start date”.

(3) In paragraph 8(1)(c) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the day on which the first term of the first academic year of the course actually begins” substitute “the course start date”.

(4) In paragraph 8A(1)(d) (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), for “the day on which the first term of the first academic year of the course actually begins” substitute “the course start date”.

Commencement Information

I3 Reg. 56 in force at 16.2.2023, see reg. 1

Insertion of definition of “immigration rules” E+W

57.—(1) Schedule 1 (eligible students) is amended as follows.

(2) In paragraph 1(1) (interpretation)(3)—

(a) after the definition of “family member” insert—

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

(b) in the definition of “person granted humanitarian protection”, in paragraph (a) omit “as defined in section 33(1) of the Immigration Act 1971”;

(c) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”, in paragraph (a)(i) omit “as defined in section 33(1) of the Immigration Act 1971”;

(d) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, in paragraph (a)(i)—

(i) for “Immigration Rules”, in the first place it occurs, substitute “immigration rules”;

(ii) for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(e) in the definition of “person granted leave under the Homes for Ukraine Sponsorship Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(f) in the definition of “person granted leave under the Ukraine Extension Scheme”, in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(g) in the definition of “person granted leave under the Ukraine Family Scheme”—

(i) in paragraph (a)(i), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(ii) in paragraph (a)(ii), for “Immigration Rules as defined in section 33(1) of the Immigration Act 1971” substitute “immigration rules”;

(h) in the definition of “person granted stateless leave”, in paragraph (a) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

(3) In paragraph 3(2) omit “(as defined in section 33(1) of the Immigration Act 1971)”.

(4) In paragraph 4A(4) omit “(within the meaning given in section 33(1) of the Immigration Act 1971)”.

(5) In paragraph 4C omit “, as defined in section 33(1) of the Immigration Act 1971”.

(6) In paragraph 4D omit “, as defined in section 33(1) of the Immigration Act 1971”.

(7) In paragraph 4E(a) omit “, as defined in section 33(1) of the Immigration Act 1971”.

Commencement Information

I4 Reg. 57 in force at 16.2.2023, see reg. 1

Amendments to the definitions of “overseas territories” and “specified British overseas territories” E+W

58.  In regulation 2(1) (interpretation)(4)—

(a) in the definition of “overseas territories”, for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;

(b) in the definition of “specified British overseas territories”, for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”.

Commencement Information

I5 Reg. 58 in force at 16.2.2023, see reg. 1

Amendments to the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” E+W

59.  In Schedule 1 (eligible students)(5), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”—

(a) in paragraph (a), after sub-paragraph (i) insert—

“(ia) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of those rules;”;

(b) in paragraph (a)(iv), after “of those rules” insert “or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of those rules”.

Commencement Information

I6 Reg. 59 in force at 16.2.2023, see reg. 1

SECTION 3 E+W Qualifying persons

Amendments relating to the ordinary residence requirements for persons in existing protected categories E+W

60.—(1) Schedule 1 (eligible students)(6) is amended as follows.

(2) In paragraph 4 (refugees and their family members)—

(a) in sub-paragraph (1)(c), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in sub-paragraph (2)(d), for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in sub-paragraph (3)(e), for “the first day of the first academic year of the course” substitute “the course start date”.

(3) In paragraph 4A (persons granted stateless leave and their family members)—

(a) in sub-paragraph (1), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in sub-paragraph (2)(c), for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in sub-paragraph (3)(d), for “the first day of the first academic year of the course” substitute “the course start date”.

(4) In paragraph 4B(c) (persons granted section 67 leave), for “the first day of the first academic year of the course” substitute “the course start date”.

(5) In paragraph 4C(c) (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), for “the first day of the first academic year of the course” substitute “the course start date”.

(6) In paragraph 4D(c) (persons granted Calais leave), for “the first day of the first academic year of the course” substitute “the course start date”.

(7) In paragraph 4E(c) (persons granted indefinite leave to remain as a bereaved partner), for “the first day of the first academic year of the course” substitute “the course start date”.

(8) In paragraph 5 (persons granted humanitarian protection and their family members)—

(a) in sub-paragraph (1), for “the first day of the first academic year of the course” substitute “the course start date”;

(b) in sub-paragraph (2)(d), for “the first day of the first academic year of the course” substitute “the course start date”;

(c) in sub-paragraph (3)(e), for “the first day of the first academic year of the course” substitute “the course start date”.

(9) In paragraph 5A (persons granted leave under one of the Afghan Schemes), for “the first day of the first academic year of the course” substitute “the course start date”.

(10) In paragraph 5B (evacuated or assisted British nationals from Afghanistan), for “the first day of the first academic year of the course” substitute “the course start date”.

Commencement Information

I7 Reg. 60 in force at 16.2.2023, see reg. 1

Amendments relating to students who fall within in a paragraph of Schedule 1 after the start of a course E+W

61.  In regulation 2(3A) (interpretation)(7), after “place”, in the second place it occurs, insert “(but see also regulation 4(2A) and (2B))”.

Commencement Information

I8 Reg. 61 in force at 16.2.2023, see reg. 1

62.  In regulation 4 (fee charging)(8), for paragraph (2) substitute—

“(2) For the purposes of this regulation, a person falls within a paragraph of Schedule 1 if—

(a) in the case of paragraph 2A, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 8 or 8A of that Schedule—

(i) in relation to the first academic year of the course, they fall within that paragraph on the course start date; or

(ii) in relation to any other academic year of the course, they fall within that paragraph on the first day of that academic year;

(b) in the case of any other paragraph of that Schedule, they fall within the relevant paragraph on the first day of an academic year of the course.

(2A) Where a protected category event occurs in relation to a person after the course start date, paragraph (2B) applies for the purposes of determining whether the person falls within a paragraph of Schedule 1 in relation to an academic year (other than the first academic year).

(2B) The person is to be treated, for the purposes of determining whether they satisfy any requirement in Schedule 1 to be ordinarily resident in the United Kingdom on the course start date, as if they were, on the course start date, lawfully residing in the place where they were residing on that date.

(2C) In this regulation “protected category event”, in relation to a person, means—

(a) the person or the person’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

(b) the person becomes a person granted section 67 leave;

(c) the person becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse;

(d) the person becomes a person granted Calais leave;

(e) the person becomes a person granted indefinite leave to remain as a bereaved partner;

(f) the person becomes a person granted leave under one of the Afghan Schemes.

(g) the person becomes a person granted leave under one of the Ukraine Schemes;

(2D) For the purposes of paragraph (2C), the following terms have the meanings given for the purposes of Schedule 1—

(a) refugee;

(b) person granted stateless leave;

(c) person granted humanitarian protection;

(d) person granted section 67 leave;

(e) person granted indefinite leave to remain as a victim of domestic violence or domestic abuse;

(f) person granted Calais leave;

(g) person granted indefinite leave to remain as a bereaved partner;

(h) person granted leave under one of the Afghan Schemes;

(i) person granted leave under one of the Ukraine Schemes.”.

Commencement Information

I9 Reg. 62 in force at 16.2.2023, see reg. 1

Amendments relating to family members of persons granted leave under one of the Afghan Schemes or one of the Ukraine Schemes E+W

63.  In regulation 4(2C) (as inserted by regulation 62 of these Regulations)—

(a) in sub-paragraph (f), after “the person” insert “or the person’s spouse, civil partner or parent”;

(b) in sub-paragraph (g), after “the person” insert “or the person’s spouse, civil partner or parent”.

Commencement Information

I10 Reg. 63 in force at 16.2.2023, see reg. 1

64.—(1) Schedule 1 (eligible students) (as amended by regulations 59 and 60(9) of these Regulations) is amended as follows.

(2) In paragraph 1(1)—

(a) in the definition of “person granted leave under the Afghan Citizens Resettlement Scheme”, for paragraph (a) (other than “and” at the end) substitute—

“(a) who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme;”;

(b) in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”—

(i) insert “or” at the end of paragraph (a)(ii);

(ii) at the end of paragraph (a)(iii), for “or” substitute “and”;

(iii) omit paragraph (a)(iv).

(3) In paragraph 5A—

(a) for the heading substitute—

“Persons granted leave under one of the Afghan Schemes and their family members”;

(b) the existing text becomes sub-paragraph (1);

(c) after that sub-paragraph insert—

“(2) A person who—

(a) is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b) on the leave application date, was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d) is ordinarily resident in the United Kingdom on the course start date.

(3) A person who—

(a) is—

(i) the child of a person granted leave under one of the Afghan Schemes; or

(ii) the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b) on the leave application date was—

(i) the child of the person granted leave under one of the Afghan Schemes; or

(ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date;

(c) was under 18 on the leave application date;

(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e) is ordinarily resident in the United Kingdom on the course start date.

(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.”.

(4) For paragraph 5C (including the heading)(9) substitute—

“Persons granted leave under one of the Ukraine Schemes and their family members

5C.— (1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in the United Kingdom on the course start date.

(2) A person who—

(a) is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b) on the leave application date, was the spouse or civil partner of that person;

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

(d) is ordinarily resident in the United Kingdom on the course start date.

(3) A person who—

(a) is—

(i) the child of a person granted leave under one of the Ukraine Schemes; or

(ii) the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b) on the leave application date, was—

(i) the child of the person granted leave under one of the Ukraine Schemes; or

(ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Ukraine Schemes on that date;

(c) was under 18 on the leave application date;

(d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e) is ordinarily resident in the United Kingdom on the course start date.

(4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.”.

Commencement Information

I11 Reg. 64 in force at 16.2.2023, see reg. 1

(1)

S.I. 2007/779.

(2)

Paragraph 2A was inserted by S.I. 2021/127 and amended by S.I. 2021/929. There are amendments to paragraph 8 but none is relevant. Paragraph 8A was inserted by S.I. 2021/127.

(3)

Relevant amending instruments are S.I. 2020/48, 2020/1203, 2021/1348, 2022/57 and 2022/534.

(4)

The definition of “overseas territories” was amended by S.I. 2012/1653 and 2020/1181. The definition of “specified British overseas territories” was inserted by S.I. 2021/127.

(5)

Definition inserted by S.I. 2021/1348 and amended by S.I. 2022/57.

(6)

Paragraph 4A was inserted by S.I. 2018/137 and amended by S.I, 2020/1203. Paragraph 4B was substituted by S.I, 2020/1203. Paragraph 4C was inserted by S.I. 2020/48. Paragraph 4D was substituted by S.I. 2020/1203 and amended by S.I. 2021/1348. Paragraph 4E was inserted by S.I. 2020/1203. Paragraph 5 was substituted by S.I. 2011/87 and amended by S.I. 2020/1203. Paragraph 5B was inserted by S.I. 2022/534.

(7)

Paragraph (3A) was inserted by S.I. 2012/1653.

(8)

Regulation 4 was amended by S.I. 2012/765, 2019/1027, 2021/127, 2021/929 and 2021/1348.

(9)

Paragraph 5C was inserted by S.I. 2022/534.