2019 No. 1192 (W. 209)
Education, Wales

The Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State under sections 1 and 2 of the Education (Fees and Awards) Act 19831 and sections 22 and 42(6) of the Teaching and Higher Education Act 19982 and now exercisable by them3 and powers conferred on them under section 5(5)(b) of the Higher Education (Wales) Act 20154 make the following Regulations:

Title and commencement1.

(1)

The title of these Regulations is the Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019.

(2)

These Regulations come into force on 9 September 2019.

Annotations:
Commencement Information

I1Reg. 1 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (Fees and Awards) (Wales) Regulations 20072.

(1)

The Education (Fees and Awards) (Wales) Regulations 20075 are amended in accordance with this regulation.

(2)

In the Schedule, in paragraph 1, in the definition of “person with leave to enter or remain”—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I2Reg. 2 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (European University Institute) (Wales) Regulations 20143.

(1)

The Education (European University Institute) (Wales) Regulations 20146 are amended in accordance with this regulation.

(2)

In regulation 3, in the definition of “person with leave to enter or remain”—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I3Reg. 3 in force at 9.9.2019, see reg. 1(2)

Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20154.

(1)

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20157 are amended in accordance with this regulation.

(2)

In the Schedule, in paragraph 1(1), in the definition of “person with leave to enter or remain”—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I4Reg. 4 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (Student Support) (Wales) Regulations 20175.

(1)

The Education (Student Support) (Wales) Regulations 20178 are amended in accordance with this regulation.

(2)

In regulation 2 (interpretation), in paragraph (1), in the definition of “person with leave to enter or remain”—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I5Reg. 5 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 20176.

(1)

The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 20179 are amended in accordance with this regulation.

(2)

In regulation 2 (interpretation), in paragraph (1), in the definition of “person with leave to enter or remain”—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I6Reg. 6 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (Student Support) (Wales) Regulations 20187.

(1)

The Education (Student Support) (Wales) Regulations 201810 are amended in accordance with this regulation.

(2)

In Schedule 2, in paragraph 3(4)—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I7Reg. 7 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 20188.

(1)

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201811 are amended in accordance with this regulation.

(2)

In regulation 2 (interpretation), in paragraph (1), in the definition of “person with leave to enter or remain”—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I8Reg. 8 in force at 9.9.2019, see reg. 1(2)

Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 20199.

(1)

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 201912 are amended in accordance with this regulation.

(2)

In Schedule 2, in paragraph 4(4)—

(a)

after paragraph (a)(ii) insert—

“(iia)

been granted leave to remain on the grounds of family life under the immigration rules;”;

(b)

in paragraph (a)(iv), after “private” insert “or family”.

Annotations:
Commencement Information

I9Reg. 9 in force at 9.9.2019, see reg. 1(2)

Kirsty Williams
Minister for Education, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend—

(a)

the Education (Fees and Awards) (Wales) Regulations 2007;

(b)

the Education (European University Institute) (Wales) Regulations 2014;

(c)

the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015;

(d)

the Education (Student Support) (Wales) Regulations 2017;

(e)

the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017;

(f)

the Education (Student Support) (Wales) Regulations 2018;

(g)

the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018;

(h)

the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019.

The amendments insert into the definition of “leave to enter or remain”, in each of the Regulations referred to, persons granted leave to remain on the grounds of family life.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to 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.