The Education (Student Fees, Awards and Support) (Wales) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend:

(a) the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 (S.I. 2011/148 (W.32)) (“the 2011 Regulations”);

(b) the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2011 (S.I. 2011/886 (W.130)) (“the 2012 Regulations”);

(c) the Assembly Learning Grants (European Institutions) (Wales) Regulations 2011 (S.I. 2011/736 (W.113)) (“the European Institutions Regulations”);

(d) the Assembly Learning Grants (European University Institute) (Wales) Regulations 2009 (S.I. 2009/3359 (W.295)) (“the European University Institute Regulations”);

(e) the Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310 (W.181)) (“the Fees Regulations”); and

(f) the Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011 (S.I. 2011/691 (W.103)) (“the Qualifying Courses and Persons Regulations”).

Regulation 4 amends the definition of “person with leave to enter or remain” in regulation 2(1) of the 2011 Regulations. This amendment extends eligibility for student support to those persons who have been granted discretionary leave (and their spouses, civil partners and children), whether or not those persons have been the subject of a failed asylum application. Regulation 5 makes amendments to the relevant category of student in Schedule 1 to the 2011 Regulations which are consequential upon the amendments made by regulation 4.

Regulations 6 to 8 make corresponding amendments to the 2012 Regulations and regulations 9 to 11 make corresponding amendments to the European Institutions Regulations.

Regulation 13 amends the definition of “person with leave to enter or remain” in regulation 3 of the European University Institute Regulations. This amendment extends eligibility for student support to persons who have been granted discretionary leave (and their spouses, civil partners and children) whether or not those persons have been the subject of a failed asylum application. Regulation 14 amends the definition of “family member” in paragraph 1(1) of Schedule 1 to the European University Institute Regulations. This amendment replaces the reference to “child” with one that refers to direct descendants of the person or of the person’s spouse or civil partner who are under the age of 21 or dependants of the person or the person’s spouse or civil partner. This amendment means that the definition of “family member” in the European University Institute Regulations now corresponds with the definition of that term in the 2011 Regulations and the 2012 Regulations. Regulation 15 makes amendments to the relevant category of student in Schedule 1 to the European University Institute Regulations which are consequential upon the amendments made by regulation 13.

Regulation 17 amends the definition of “family member” in the Schedule to the Fees Regulations. This amendment replaces the reference to “child” with one that refers to direct descendants of the person or of the person’s spouse or civil partner who are under the age of 21 or dependants of the person or the person’s spouse or civil partner. This amendment means that the definition of “family member” in the Fees Regulations now corresponds with the definition of that term in the 2011 Regulations and the 2012 Regulations. Regulation 18 amends the definition of “person with leave to enter or remain” in the Schedule to the Fees Regulations. This amended definition extends the categories of person to whom higher ('overseas') tuition fees may not be charged by including persons who have been granted discretionary leave (and their spouses, civil partners and children), whether or not those persons have been the subject of a failed asylum application. Regulation 19 makes amendments to the relevant category of student in the Schedule to the Fees Regulations which are consequential upon the amendments made by regulation 18.

Regulation 21 amends the definition of “person with leave to enter or remain” in the Schedule to the Qualifying Courses and Persons Regulations. This amended definition extends the categories of qualifying persons prescribed by those Regulations by including persons who have been granted discretionary leave (and their spouses, civil partners and children), whether or not those persons have been the subject of a failed asylum application. Regulation 22 makes amendments to the relevant category of student in the Schedule to the Qualifying Courses and Persons Regulations which are consequential upon the amendments made by regulation 21.