The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to—

(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 (“the Student Support Regulations”),

(g) the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018, and

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

Regulation 2 revokes the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 and the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) (Amendment) (EU Exit) Regulations 2019 which were prepared for a “no-deal” Brexit and do not reflect amendments required to implement the EU withdrawal agreement, EEA EFTA separation agreement and the Swiss citizens’ rights agreement.

The principal amendments which these Regulations make to the Student Support Regulations ensure that the provisions continue to operate effectively following the withdrawal of the United Kingdom from the European Union and are as follows.

Regulations 31 and 32 amend definitions and references relating to the European Economic Area and the European Union used in Schedules 2 and 3 to the Student Support Regulations.

Regulation 32 also amends references to “Member state” in Schedule 3.

Regulation 31(9) amends the definition of “right of permanent residence” in paragraph 11 of Schedule 2 to the Student Support Regulations. The amended definition will capture those who would have had a right of permanent residence under Directive 2004/38/EC as it had effect immediately before implementation period completion day but who, after implementation period completion day, will instead have such rights under the EU withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement, as implemented by the residence scheme immigration rules (defined in section 17(1) of the European Union (Withdrawal Agreement) Act 2020).

Regulation 31(2)(a) amends paragraph 1(2) of Schedule 2 to the Student Support Regulations to ensure that students who would have had a right of permanent residence under Directive 2004/38/EC but who now meet the requirements in Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement are eligible for student support on the same basis as if they had a right of permanent residence.

Regulation 31(3)(b) amends paragraph 4 of Schedule 2 to ensure that a person who would have been eligible for support under this paragraph before implementation period completion day will continue to be eligible on and after implementation period completion day. Regulation 31(5) makes equivalent amendments to paragraph 6 of Schedule 2 and regulation 31(6) makes equivalent amendments to paragraph 7 of Schedule 2.

Regulations 29(a) and 33(2)(a) are consequential on regulation 31(5)(c) and amend regulation 80 of, and paragraph 4 of Schedule 5 to, the Student Support Regulations respectively. Regulation 80(2)(a)(iii) and paragraph 4(2)(c) of Schedule 5 provide that a student who becomes a family member of an EU national during the course of an academic year may qualify for support in respect of that academic year. The amendments made by regulations 29 and 33 extend this provision to a student who becomes a family member of a person who is eligible by virtue of the new paragraph 6(1A) of Schedule 2.

Regulations 29(b), 30 and 33(2)(b) are consequential on regulation 31(2)(a) and amend regulations 80 and 81 of, and paragraph 4 of Schedule 2 to, the Student Support Regulations. Where those provisions currently refer to a person acquiring the right of permanent residence, they will instead refer to a student becoming a person described in paragraph 1(2)(a) of Schedule 2.

Regulation 31(4) makes amendments to paragraph 5 of Schedule 2 to the Student Support Regulations to reflect the fact that Directive 2004/38/EC will no longer have force in the United Kingdom on and after implementation period completion day.

Regulations 3 to 5 make equivalent amendments to the Education (Fees and Awards) (Wales) Regulations 2007.

Regulations 6 to 8 make equivalent amendments to the Education (European University Institute) (Wales) Regulations 2014.

Regulation 9 makes equivalent amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015.

Regulations 10 to 23 make equivalent amendments to the Education (Student Support) (Wales) Regulations 2017.

Regulations 24 to 27 make equivalent amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017.

Regulations 34 to 37 make equivalent amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018.

Regulations 38 to 41 make equivalent amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019.

The Welsh Ministers Code of Practice on the carrying out of Regulatory Impact Assessments was 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.