The Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022

This Statutory Instrument has been printed to correct errors in S.I. 2021/1294 (W. 328) and is being issued free of charge to all known recipients of that Statutory Instrument.

Welsh Statutory Instruments

2022 No. 49 (W. 18)

Education, Wales

The Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022

Made

17 January 2022

Laid before Senedd Cymru

19 January 2022

Coming into force

11 February 2022

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State under sections 22(1)(a), 22(2)(a) and 42(6) of the Teaching and Higher Education Act 1998(1), and now exercisable by them(2), make the following Regulations:

Title, commencement and application E+W

1.  The title of these Regulations is the Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022.

Commencement Information

I1 Reg. 1 in force at 11.2.2022, see reg. 2

2.  These Regulations come into force on 11 February 2022.

Commencement Information

I2 Reg. 2 in force at 11.2.2022, see reg. 2

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 3-6 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 10(g)

Amendments to the Education (European University Institute) (Wales) Regulations 2014 E+W

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 3-6 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 10(g)

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 3-6 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 10(g)

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 3-6 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 10(g)

Amendment to the Education (Student Support) (Wales) Regulations 2018 E+W

7.  The Education (Student Support) (Wales) Regulations 2018(3) are amended in accordance with regulation 8.

Commencement Information

I3 Reg. 7 in force at 11.2.2022, see reg. 2

8.  In exception 2 in each of regulations 44(1), 54, 62(2) and 69(2), after “6A(1),” insert “6BA,”.

Commencement Information

I4 Reg. 8 in force at 11.2.2022, see reg. 2

Jeremy Miles

Minister for Education and Welsh Language, one of the Welsh Ministers

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (European University Institute) (Wales) Regulations 2014 (“the 2014 Regulations”) and the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”).

The amendments made by these Regulations correct errors in the 2014 Regulations and make further provision in the 2018 Regulations about the eligibility of certain Irish citizens to receive student support.

The Welsh Ministers’ Regulatory Impact Assessment Code for Subordinate Legislation has been considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

1998 c. 30; section 22(1) and section 22(2)(a) were amended by the Higher Education and Research Act 2017 (c. 29), section 86(3)(a). See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.

(2)

The functions of the Secretary of State in section 22(1)(a) and section 42(6) of the Teaching and Higher Education Act 1998 were transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Section 44 of the Higher Education Act 2004 provided that the functions in section 22(2)(a) of the Teaching and Higher Education Act 2004 were to be exercised by the National Assembly for Wales concurrently with the Secretary of State, so far as they relate to making provision in relation to Wales.

(3)

S.I. 2018/191 (W. 42), amended by S.I. 2018/813 (W. 164); S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1094; S.I. 2019/1192 (W. 209); S.I. 2020/142 (W. 25); S.I. 2020/153 (W. 27); S.I. 2020/708 (W. 159); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4); S.I. 2021/73 (W. 19); S.I. 2021/481 (W. 148); S.I. 2021/813 (W. 192) and S.I. 2021/1365 (W. 360).