Title, commencement, interpretation and application
1.—(1) The title of these Regulations is the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016 and they come into force on 26 March 2016.
(2) In these Regulations, “the 2015 Regulations” (“Rheoliadau 2015”) means the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(1).
(3) These Regulations apply in relation to Wales.
Amendment to the 2015 Regulations
2. The 2015 Regulations are amended as follows.
3. In regulation 2(1), in the appropriate place in alphabetical order insert—
““the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998(2);”; and
““publicly-funded” (“yn cael ei gyllido’n gyhoeddus”) means maintained or assisted by recurrent grants out of public funds;”.
4. For regulation 3 substitute—
“Prescribed description of a qualifying course
3.—(1) Subject to paragraph (2), a qualifying course in relation to a 2004 Act plan for the purposes of the transitional period is:
(a)a course of higher education;
(b)designated for the purposes of section 22 of the 1998 Act on the first day of an academic year which begins on or after 1 September 2012; and
(c)provided by an institution in Wales.
(2) 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.
3A.—(1) Subject to paragraph (2), a qualifying course for the purpose of a fee and access plan which is not a 2004 Act plan is a course of higher education capable of being designated by regulations made under section 22 of the 1998 Act (regardless of whether the institution providing the course is publicly-funded).
(2) Where a course is provided by a person on behalf of an institution, that course is not a qualifying course if that person is not a charity.
3B. For the purposes of regulations 3 and 3A, a course is not a qualifying course if:
(a)the first academic year of the course began before 1 September 2012;
(b)it is an end-on course and the preceding course was not a qualifying course by reason of paragraph (a); or
(c)it is a part-time course.”
Huw Lewis
Minister for Education and Skills, one of the Welsh Ministers
2 March 2016