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The Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011

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Prescribed description of a qualifying person

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.

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