1.—(1) The title of these Regulations is the Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011 and they come into force on 31 March 2011.
(2) These Regulations apply in relation to Wales.
2.—(1) In these Regulations—
“the Act” (“y Ddeddf”) means the Higher Education Act 2004;
“the 2011 Regulations” (“Rheoliadau 2011”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011(1);
“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree;
“course of higher education” (“cwrs addysg uwch”) means a course falling within paragraph 1 of Schedule 6 to the Education Reform Act 1988(2);
“end-on course” (“cwrs penben”) has the meaning given in regulation 2(1) of the 2011 Regulations;
“equivalent or lower qualification” (“cymhwyster cyfwerth neu is”) means a qualification determined by the Welsh Ministers in accordance with paragraph (2) to be an equivalent or lower qualification;
“preceding course” (“cwrs blaenorol”) means a course mentioned in paragraph 2 or 3 of Schedule 2 to the 2011 Regulations or a course for a foundation degree or a course for the initial training of teachers which (disregarding any intervening vacation) a person ceases to attend immediately before beginning to attend an end-on course;
“public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;
“publicly-funded” (“a ariennir yn gyhoeddus”) means maintained or assisted by recurrent grants out of public funds;
“qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002(3); and
“single course” (“cwrs sengl”) means a course to which regulation 5(6) of the 2011 Regulations applies and which falls within the description of a course in that regulation.
(2) The Welsh Ministers may determine that a qualification is an equivalent or lower qualification if—
(a)the person holds a higher education qualification from an institution in the United Kingdom; and
(b)the qualification referred to in sub-paragraph (a) is of an academic level which is equivalent to or higher than a qualification to which the current course leads.
3.—(1) A qualifying course which is prescribed for the purposes of section 28 of the Act is:
(a)a course of higher education;
(b)subject to paragraphs (3) and (4), designated for the purposes of section 22 of the Teaching and Higher Education Act 1998(4) on the first day of an academic year which begins during the grant period; and
(c)provided by an institution in Wales.
(2) For the purposes of paragraph (1) the reference to an institution in Wales means an institution whose activities are carried on in Wales.
(3) A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the institution providing it was not publicly-funded.
(4) A course is not a qualifying course if the first academic year of the course began before 1 September 2012.
(5) A course is not a qualifying course if—
(a)it is an end-on course; and
(b)the preceding course was not a qualifying course by reason of paragraph (4).
4.—(1) A qualifying person who is prescribed for the purposes of section 28 of the Act is a person who falls within the Schedule on the first day of an academic year which begins during the grant period, other than—
(a)a person who is not eligible for support under the 2011 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations; or
(b)a person mentioned in paragraph (2), (3), (6) or (7).
(2) Subject to the exceptions in paragraphs (4), (5) (6) and (7), a person is not a qualifying person if—
(a)the person holds a higher education qualification; and
(b)the qualifying course leads to a qualification which is an equivalent or lower qualification.
(3) A person is not a qualifying person if—
(a)the person ceases a course (“the first course”) which is not a qualifying course;
(b)disregarding any intervening vacation, the person immediately attends another course which is a qualifying course; and
(c)the first course was not a qualifying course by reason of regulation 3(4).
(4) Paragraph (2) does not apply where—
(a)the qualifying course is a course for the initial training of teachers;
(b)the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
(c)the qualifying person is not a qualified teacher.
(5) Paragraph (2) does not apply in respect of any part of a single course where—
(a)the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and
(b)the only honours degree held by the qualifying person was received as part of that single course.
(6) Paragraph (2) does not apply where the qualifying course is a foundation degree.
(7) Paragraph (2) does not apply where the qualifying course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect.
(8) Where an event occurs in the course of an academic year and as a result a person falls within the Schedule in the course of an academic year, that person is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
8 March 2011