The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021
PART 1
TITLE, COMMENCEMENT AND APPLICATION
1
Title and commencement
2
Application
PART 2
AMENDMENTS TO THE EDUCATION (FEES AND AWARDS) (WALES) REGULATIONS 2007
3
Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
4
In regulation 2 (interpretation)— (a) in paragraph (1), at the...
5
In regulation 4 (fee charging)— (a) for paragraph (1) substitute—...
6
In regulation 5 (awards by local authorities)—
7
(1) For the heading to regulation 6 substitute— Payments by...
8
For regulation 7 (payments by HEFCW) substitute— (1) Paragraph (2) applies where HEFCW makes grants, loans or...
9
For regulation 8 (payments by the Welsh Ministers) substitute— (1) Subject to paragraph (4), it is lawful for the...
10
In the Schedule, in paragraph 1— (a) in the definition...
11
In the Schedule, after paragraph 1 insert— For the purposes of this Schedule, a reference to a...
12
In the Schedule, in paragraph 2 (persons who are settled...
13
In the Schedule, after paragraph 2 insert— (1) A person— (a) who is settled in the United...
14
In the Schedule, in paragraph 3— (a) the existing text...
15
In the Schedule, for paragraph 4A (persons granted stateless leave...
16
In the Schedule, after paragraph 4A insert— Persons granted leave...
17
In the Schedule, omit paragraph 5A (persons with section 67...
18
In the Schedule, after paragraph 6 (workers, employed persons, self-employed...
19
In the Schedule, in paragraph 7 (workers, employed persons, self-employed...
20
In the Schedule, after paragraph 7 insert— (1) A person with protected rights who—
21
In the Schedule, in paragraph 8(1)(b) (persons who are settled...
22
In the Schedule, after paragraph 8 insert— (1) A person who— (a) is settled in the United...
23
In the Schedule, in paragraph 9 (EU nationals)—
24
In the Schedule, after paragraph 9 insert— (1) A person with protected rights— (a) who is—
25
In the Schedule, before paragraph 10 insert the heading— EU...
26
In the Schedule, after paragraph 10 insert— A person with protected rights who— (a) is an EU...
27
In the Schedule, in paragraph 11(2) (children of Swiss nationals),...
28
In the Schedule, after paragraph 11 insert— A person with protected rights who— (a) is the child...
29
In the Schedule, after paragraph 12 (children of Turkish workers)...
PART 3
AMENDMENTS TO THE HIGHER EDUCATION (QUALIFYING COURSES, QUALIFYING PERSONS AND SUPPLEMENTARY PROVISION) (WALES) REGULATIONS 2015
30
Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
31
In regulation 4 (prescribed description of a qualifying person)—
32
(1) In the Schedule, paragraph 1 is amended as follows....
33
In the Schedule, in paragraph 2 (persons who are settled...
34
In the Schedule, after paragraph 2 insert— (1) A person— (a) who is settled in the United...
35
In the Schedule, in paragraph 3— (a) the existing text...
36
In the Schedule, for paragraph 4A (persons granted stateless leave...
37
In the Schedule, after paragraph 4A insert— Persons granted leave...
38
In the Schedule, omit paragraph 5A (persons with section 67...
39
In the Schedule, after paragraph 6 (workers, employed persons, self-employed...
40
In the Schedule, in paragraph 7— (a) in sub-paragraph (1)—...
41
In the Schedule, after paragraph 7 insert— (1) A person with protected rights who—
42
In the Schedule, in paragraph 8(1)(b) (persons who are settled...
43
In the Schedule, after paragraph 8 insert— (1) A person who— (a) is settled in the United...
44
In the Schedule, in paragraph 9 (EU nationals)—
45
In the Schedule, after paragraph 9 insert— (1) A person with protected rights— (a) who is—
46
In the Schedule, before paragraph 10 insert the heading— EU...
47
In the Schedule, after paragraph 10 insert— A person with protected rights who— (a) is an EU...
48
In the Schedule, in paragraph 11(2) (children of Swiss nationals),...
49
In the Schedule, after paragraph 11 insert— A person with protected rights who— (a) is the child...
50
In the Schedule, after paragraph 12 (children of Turkish workers)...
PART 4
AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
51
Amendments to the Education (Student Support) (Wales) Regulations 2017
52
(1) Regulation 2 (interpretation) is amended as follows.
53
In regulation 4 (eligible students)— (a) for paragraph (2) substitute—...
54
In regulation 5(1) (designated courses)— (a) in sub-paragraph (b)(iii), omit...
55
In regulation 6 (period of eligibility)— (a) in paragraph (4)(a),...
56
In regulation 15 (events)— (a) in paragraph (ba), after “with...
57
In regulation 23 (general qualifying conditions for grants for living...
58
In regulation 41(3) (qualifying conditions for loans for living costs...
59
In regulation 49(2) (students becoming eligible during the course of...
60
Omit Part 11.
61
In regulation 81 (eligible part-time students)— (a) for paragraph (2)...
62
In regulation 82 (students becoming eligible during the course of...
63
In regulation 83(1) (designated part-time courses)— (a) at the end...
64
In regulation 94 (part-time grants for dependants – initial calculations),...
65
In regulation 103 (conversion of status), omit paragraphs (5) to...
66
In regulation 110 (eligible postgraduate students)— (a) for paragraph (3)(a)...
67
In regulation 111(2) (students becoming eligible during the course of...
68
In Schedule 1, in paragraph 1 (interpretation)—
69
In Schedule 1, in paragraph 2(1) (persons who are settled...
70
In Schedule 1, after paragraph 2 insert— (1) A person— (a) who is settled in the United...
71
In Schedule 1, in paragraph 3— (a) the existing text...
72
In Schedule 1, for paragraph 4ZA (protected persons and their...
73
In Schedule 1, after paragraph 4ZA insert— Persons granted leave...
74
In Schedule 1, omit paragraphs 4A (persons granted stateless leave...
75
In Schedule 1, after paragraph 6 (workers, employed persons, self-employed...
76
In Schedule 1, in paragraph 7— (a) in sub-paragraph (1)—...
77
In Schedule 1, after paragraph 7 insert— (1) A person with protected rights who—
78
In Schedule 1, in paragraph 8(1)(b) (persons who are settled...
79
In Schedule 1, after paragraph 8 insert— (1) A person who— (a) is settled in the United...
80
In Schedule 1, in paragraph 9 (EU nationals)—
81
In Schedule 1, after paragraph 9 insert— (1) A person with protected rights— (a) who is—
82
In Schedule 1, before paragraph 10 insert the heading— EU...
83
In Schedule 1, after paragraph 10 insert— A person with protected rights who— (a) is an EU...
84
In Schedule 1, in paragraph 11(2) (children of Swiss nationals),...
85
In Schedule 1, after paragraph 11 insert— A person with protected rights who— (a) is the child...
86
In Schedule 1, after paragraph 12 (children of Turkish workers)...
87
In Schedule 3, in paragraph 1, omit “, eligible distance...
88
In Schedule 3, in paragraph 2, omit “, eligible distance...
89
In Schedule 4, in paragraph 3, for “paragraph 9” substitute...
90
In Schedule 4, in paragraph 6— (a) in sub-paragraph (aa),...
PART 5
AMENDMENTS TO THE EDUCATION (POSTGRADUATE MASTER’S DEGREE LOANS) (WALES) REGULATIONS 2017
91
Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017
92
In regulation 2 (interpretation)— (a) in paragraph (1), at the...
93
In regulation 3 (eligible students)— (a) for paragraph (2) substitute—...
94
In regulation 8 (events)— (a) in paragraph (ba), after “a...
95
(1) In Schedule 1, paragraph 1 (interpretation) is amended as...
96
In Schedule 1, in paragraph 2 (persons who are settled...
97
In Schedule 1, after paragraph 2 insert— (1) A person— (a) who is settled in the United...
98
In Schedule 1, in paragraph 3— (a) the existing text...
99
In Schedule 1 for paragraph 4ZA (protected persons and their...
100
In Schedule 1, after paragraph 4ZA insert— Persons granted leave...
101
In Schedule 1, omit paragraphs 4A (persons granted stateless leave...
102
In Schedule 1, after paragraph 6 (workers, employed persons, self-employed...
103
In Schedule 1, in paragraph 7— (a) in sub-paragraph (1)—...
104
In Schedule 1, after paragraph 7 insert— (1) A person with protected rights who—
105
In Schedule 1, in paragraph 8(1)(b) (persons who are settled...
106
In Schedule 1, after paragraph 8 insert— (1) A person who— (a) is settled in the United...
107
In Schedule 1, in paragraph 9 (EU nationals)—
108
In Schedule 1, after paragraph 9 insert— (1) A person with protected rights— (a) who is—
109
In Schedule 1, before paragraph 10 insert the heading— EU...
110
In Schedule 1, after paragraph 10 insert— A person with protected rights who— (a) is an EU...
111
In Schedule 1, in paragraph 11(2) (children of Swiss nationals),...
112
In Schedule 1, after paragraph 11 insert— A person with protected rights who— (a) is the child...
113
In Schedule 1, after paragraph 12 (children of Turkish workers)...
PART 6
AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2018
114
Amendments to the Education (Student Support) (Wales) Regulations 2018
115
In regulation 9 (eligible students), for paragraph (1) substitute—
116
In regulation 10(1) (eligible students – exceptions), at the end...
117
In regulation 12(1) (period of eligibility – general rule), for...
118
In regulation 22A(1) (persons who cease to have stateless leave)—...
119
In regulation 23A(1) (persons who cease to have section 67...
120
After regulation 23A insert— Persons who cease to have Calais...
121
In regulation 44(1) (qualifying conditions for base grant and maintenance...
122
In regulation 54 (qualifying conditions for a maintenance loan -...
123
In regulation 62(2) (qualifying conditions for disabled student’s grant -...
124
In regulation 69(2) (qualifying conditions for grants for dependants -...
125
In regulation 80 (qualifying for a tuition fee loan during...
126
In regulation 81(3)(b) (qualifying for grants or maintenance loan during...
127
In Schedule 1, in paragraph 4 (meaning of Erasmus year),...
128
In Schedule 1, in paragraph 6 (interpretation of other key...
129
In Schedule 2, in paragraph 1 (category 1 – persons...
130
In Schedule 2, for paragraph 2ZA substitute— Category 2ZA -...
131
In Schedule 2, after paragraph 2ZA insert— Category 2ZB -...
132
In Schedule 2, omit paragraphs 2A (category 2A - persons...
133
In Schedule 2, in paragraph 4 (category 4 – workers,...
134
In Schedule 2, after paragraph 4 insert— Category 4A -...
135
In Schedule 2, in paragraph 5 (category 5 – persons...
136
In Schedule 2, after paragraph 5 insert— Category 5A -...
137
In Schedule 2, in paragraph 6 (category 6 – EU...
138
In Schedule 2, after paragraph 6 insert— Category 6A -...
139
In Schedule 2, in paragraph 7 (category 7 – children...
140
In Schedule 2, after paragraph 7 insert— Category 7A -...
141
In Schedule 2, in paragraph 8 (category 8 – children...
142
In Schedule 2, after paragraph 8 insert— Category 8A -...
143
In Schedule 2, in paragraph 9 (ordinary residence – additional...
144
In Schedule 2, in paragraph 11 (interpretation)—
145
In Schedule 4, in paragraph 4 (eligible postgraduate students), for...
146
In Schedule 4, in paragraph 5(1), for Exception 7 substitute—...
147
In Schedule 4, in paragraph 12A (persons who cease to...
148
In Schedule 4, in paragraph 13A (persons who cease to...
149
In Schedule 4, after paragraph 13A insert— Person who ceases...
150
In Schedule 4, in paragraph 14 (becoming eligible during an...
151
In Schedule 5, in paragraph 4 (students becoming eligible during...
152
In Schedule 7 (index of defined terms), in Table 16—...
PART 7
AMENDMENTS TO THE EDUCATION (POSTGRADUATE DOCTORAL DEGREE LOANS) (WALES) REGULATIONS 2018
153
Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
154
In regulation 2 (interpretation)— (a) in paragraph (1), at the...
155
In regulation 3 (eligible students)— (a) for paragraph (2) substitute—...
156
In regulation 8 (events)— (a) in paragraph (ba), after “with...
157
In Schedule 1, in paragraph 1 (interpretation)—
158
In Schedule 1, in paragraph 2 (persons who are settled...
159
In Schedule 1, after paragraph 2 insert— (1) A person— (a) who is settled in the United...
160
In Schedule 1, in paragraph 3— (a) the existing text...
161
In Schedule 1, for paragraph 4A substitute— Protected persons and...
162
In Schedule 1, after paragraph 4A insert— Persons granted leave...
163
In Schedule 1, omit paragraphs 5 (persons granted stateless leave...
164
In Schedule 1, after paragraph 7 (workers, employed persons, self-employed...
165
In Schedule 1, in paragraph 8— (a) in sub-paragraph (1)—...
166
In Schedule 1, after paragraph 8 insert— (1) A person with protected rights who—
167
In Schedule 1, in paragraph 9(1)(b) (persons who are settled...
168
In Schedule 1, after paragraph 9 insert— (1) A person who— (a) is settled in the United...
169
In Schedule 1, in paragraph 10 (EU nationals)—
170
In Schedule 1, after paragraph 10 insert— (1) A person with protected rights— (a) who is–
171
In Schedule 1, before paragraph 11 insert the heading— EU...
172
In Schedule 1, after paragraph 11 insert— A person with protected rights who— (a) is an EU...
173
In Schedule 1, in paragraph 12(2) (children of Swiss nationals),...
174
In Schedule 1, after paragraph 12 insert— A person with protected rights who— (a) is the child...
175
In Schedule 1, after paragraph 13 (children of Turkish workers)...
PART 8
AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (POSTGRADUATE MASTER’S DEGREES) (WALES) REGULATIONS 2019
176
Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
177
In regulation 9 (eligible students), for paragraph (1) substitute—
178
In regulation 10 (eligible students – exceptions) at the end...
179
In regulation 11(1) (period of eligibility – general rule), after...
180
After regulation 12 (early termination of eligibility) insert— Where— (a) the Welsh Ministers have determined that, by virtue...
181
In regulation 16 (students becoming eligible during a course)—
182
In Schedule 1, in paragraph 3 (interpretation of other key...
183
In Schedule 2, in paragraph 1 (persons settled in the...
184
In Schedule 2, for paragraph 2A substitute— Category 2A -...
185
In Schedule 2, after paragraph 2A insert— Category 2B -...
186
In Schedule 2, omit paragraphs 3 (persons granted stateless leave...
187
In Schedule 2, in paragraph 6 (category 6 – workers,...
188
In Schedule 2, after paragraph 6 insert— Category 6A -...
189
In Schedule 2, in paragraph 7 (category 7 – persons...
190
In Schedule 2, after paragraph 7 insert— Category 7A -...
191
In Schedule 2, in paragraph 8 (category 8 – EU...
192
In Schedule 2, after paragraph 8 insert— Category 8A -...
193
In Schedule 2, in paragraph 9 (category 9 – children...
194
In Schedule 2, after paragraph 9 insert— Category 9A -...
195
In Schedule 2, in paragraph 10 (children of Turkish workers),...
196
In Schedule 2, after paragraph 10 insert— Category 10A -...
197
In Schedule 2, in paragraph 11 (ordinary residence – additional...
198
In Schedule 2, in paragraph 13 (interpretation)—
199
In Schedule 4 (index of defined terms), in Table 3—...
2021 No. 481 (W. 148)

Exiting The European Union, Wales

Education, Wales

The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021
Made
19 April 2021
Laid before Senedd Cymru
22 April 2021
Coming into force
25 April 2021
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 1983 , section 22(2)(a) and (d) and section 42(6) of the Teaching and Higher Education Act 1998 now exercisable by them and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015 , make the following Regulations:
1983 c. 40; section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19; the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c. 56), Schedule 37, paragraph 57; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and Schedule 22; the Education Act 2005 (c. 18), Schedule 14, paragraph 9; S.I. 2010/1080, Schedule 1, paragraph 12; S.I. 2010/1158, Schedule 2, paragraph 1; the Education Act 2011 (c. 21), Schedule 5, paragraph 5 and Schedule 16, paragraph 5; and the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 44 and Schedule 4.
1998 c. 30; section 22 was amended by the Learning and Skills Act 2000, section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147; the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7; the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257; the Education Act 2011, section 76; S.I. 2013/1881 and the Higher Education and Research Act 2017 (c. 29), section 88. See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.
The functions of the Secretary of State in section 1 of the Education (Fees and Awards) Act 1983 were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by S.I. 2006/1458 with effect from 8 June 2006. The functions of the Secretary of State in section 2 of that Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by S.I. 1999/672. The Secretary of State’s functions in section 22(2)(a) to (i) and (k) of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales so far as they relate to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8), with subsection (2) (a), (c) and (k) exercisable concurrently with the Secretary of State. The Secretary of State’s function in section 42 was transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by S.I. 1999/672. All of the above functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
2015 anaw 1. See section 57(1) for the definitions of “prescribed” and “regulations”.