2018 No. 810
Education

The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2018

Made
Laid before Parliament
Laid before the National Assembly for Wales
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 22 and 42 of the Teaching and Higher Education Act 19981 and sections 5 and 6 of the Sale of Student Loans Act 20082.
The Welsh Ministers make these Regulations in exercise of the powers conferred on the Secretary of State by sections 22 and 42 of the Teaching and Higher Education Act 1998, now exercisable by them3, and by sections 5 and 6 of the Sale of Student Loans Act 2008.

Citation and commencement1.

These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2018 and come into force on 28th July 2018.

Amendment of the Education (Student Loans) (Repayment) Regulations 20092.

The Education (Student Loans) (Repayment) Regulations 20094 are amended in accordance with regulations 3 to 7.

Amendment of regulation 33.

(1)

Regulation 3 (interpretation) is amended as follows.

(2)

In paragraph (1)—

(a)

for the definition of “the 2017 Postgraduate Wales Regulations”5, substitute —
““the 2017 Master’s Degree Wales Regulations” means the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 20176;”;

(b)

after the definition of “the 2018 Doctoral Degree Regulations”7, insert—
““the 2018 Doctoral Degree Wales Regulations” means the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 20188;”;

(c)

in the definition of “postgraduate degree loan”9 —

(i)

for paragraph (a)(ii), substitute —

“(ii)

a postgraduate master’s degree loan pursuant to Part 4 of the 2017 Master’s Degree Wales Regulations;”;

(ii)

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

(iii)

after paragraph (a)(iii), insert —

“(iv)

a postgraduate doctoral degree loan pursuant to Part 4 of the 2018 Doctoral Degree Wales Regulations, and”;

(iv)

in paragraph (b), for “the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations”, substitute —

“the 2017 Master’s Degree Wales Regulations, the 2018 Doctoral Degree Regulations or the 2018 Doctoral Degree Wales Regulations”;

(d)

in the definition of “student loan”10, in paragraph (b)(i) and (ii), for “the 2017 Postgraduate Wales Regulations”, substitute —

“the 2017 Master’s Degree Wales Regulations or the 2018 Doctoral Degree Wales Regulations”;

(3)

in paragraph (2)11, for “the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations”, substitute —

“the 2017 Master’s Degree Wales Regulations, the 2018 Doctoral Degree Regulations or the 2018 Doctoral Degree Wales Regulations”.

Amendment of regulation 54.

In regulation 512 (Wales), in paragraphs (1) and (2) omit “master’s”.

Amendment of regulation 75.

In regulation 7(1)13 (application to transferred loans in England and Wales)—

(a)

in the definition of “postgraduate degree loan”14—

(i)

for paragraph (a)(ii), substitute —

“(ii)

a postgraduate master’s degree loan pursuant to the 2017 Master’s Degree Wales Regulations;”;

(ii)

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

(iii)

after paragraph (a)(iii), insert —

“(iv)

a postgraduate doctoral degree loan pursuant to the 2018 Doctoral Degree Wales Regulations, and”;

(iv)

in paragraph (b), for “the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations”, substitute —

“the 2017 Master’s Degree Wales Regulations, the 2018 Doctoral Degree Regulations or the 2018 Doctoral Degree Wales Regulations”;

(b)

in the definition of “student loan”15, in paragraphs (a) and (b), for “the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations”, substitute —

“the 2017 Master’s Degree Wales Regulations, the 2018 Doctoral Degree Regulations or the 2018 Doctoral Degree Wales Regulations”.

Amendment of regulation 156.

In regulation 15(2ZA)16 (timing of repayments: general) —

(a)

in sub-paragraph (a), for “the 2017 Postgraduate Wales Regulations”, substitute “the 2017 Master’s Degree Wales Regulations”;

(b)

in sub-paragraph (b)(i), after “Part 1 of the 2018 Doctoral Degree Regulations”, insert “or Part 4 of the 2018 Doctoral Degree Wales Regulations”.

Amendment of regulation 21B7.

In regulation 21B(2)17 (interest rate on postgraduate degree loans) —

(a)

for sub-paragraph (b), substitute “(b) regulation 13 of the 2017 Master’s Degree Wales Regulations;”;

(b)

in sub-paragraph (c), at the end insert “; or”;

(c)

after sub-paragraph (c), insert “(d) regulation 13 of the 2018 Doctoral Degree Wales Regulations”.

Sam Gyimah
Minister of State
Department for Education
Kirsty Williams
Cabinet Secretary for Education, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

The Education (Student Loans) (Repayment) Regulations 2009 (“the 2009 Repayment Regulations”) make provision for the repayment of student loans and postgraduate degree loans in England and Wales.

These composite Regulations made by the Secretary of State and the Welsh Ministers amend the 2009 Repayment Regulations, and make provision for the repayment of postgraduate doctoral degree loans (“the loans”) made by the Welsh Ministers under Part 4 of the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the 2018 Doctoral Degree Wales Regulations”).

Regulations 3, 4 and 5 amend, respectively, regulations 3, 5 and 7 of the 2009 Repayment Regulations so that the loans are repaid as postgraduate degree loans under those Regulations. Regulations 6 and 7 amend, respectively, regulations 15 and 21B of the 2009 Repayment Regulations to provide for when loan repayments become due. Repayments become due at the start of the tax year that next follows either the borrower’s ceasing to be eligible for a loan or, if earlier, the fourth anniversary of the course start date. In any event, the borrower is not required to make repayments before 6 April 2019. Interest at retail price index +3 % will accrue on a loan from the date that the first payment is made in respect of that loan under the 2018 Doctoral Degree Wales Regulations.

The Department for Education has not produced an impact assessment for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to the exercise of the Welsh Ministers’ functions in these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.