The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Amendments to the Schedule

4.—(1) The Schedule is amended as follows.

(2) In paragraph 1—

(a) omit the definition of “EC national”;

(b) omit “other than the United Kingdom” each time it occurs;

(c) after the definition of “employed person”, insert—

““EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;”;

(d) in the definition of “family member”, for “EC national” substitute “EU national” each time it occurs.

(3) In the following paragraphs, after “the territory comprising” insert “the United Kingdom,”—

(a) paragraph 3(d) (persons who are settled in the United Kingdom);

(b) paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members);

(c) paragraph 7(b) (workers, employed persons, self-employed persons and their family members).

(4) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(b) in sub-paragraph (1)(e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”.

(5) In paragraph 9 (EC nationals)—

(a) in the heading, for “EC nationals” substitute “EU nationals”;

(b) in sub-paragraph (1)—

(i) in paragraph (a)(i), for “EC national” substitute “EU national”;

(ii) in paragraph (c), after “the territory comprising” insert “the United Kingdom,”;

(c) for sub-paragraph (1A), substitute—

“(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under article 7 of Directive 2004/38; or

(ii) an EU national; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.”

(d) after sub-paragraph (2), insert—

“(3) Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.”

(6) In paragraph 10 (EC nationals)—

(a) in sub-paragraph (1)(a), for “an EC national other than a United Kingdom national” substitute “an EU national”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(c) in sub-paragraph (2), for “an EC national other than a United Kingdom national”, substitute “an EU national”.

(7) For paragraph 11 (children of Swiss nationals), substitute—

“11.— (1) A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.”

(8) In paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom,”.