The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

(a) the Education (Fees and Awards) (Wales) Regulations 2007 (“the Fees and Awards Regulations”),

(b) the Education (European University Institute) (Wales) Regulations 2014 (“the EUI Regulations”),

(c) the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the QCP Regulations”),

(d) the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”),

(e) the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 (“the 2017 Master’s Regulations”),

(f) the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”),

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

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

Part 2 of these Regulations amends the Fees and Awards Regulations. The Fees and Awards Regulations provide that, in certain circumstances, it is lawful for institutions to discriminate between some or all of those persons mentioned in the Schedule and any other person, by charging higher fees to persons not mentioned in the Schedule than the fees which are charged to persons so mentioned. In order to fall within that Schedule, persons granted stateless leave and their family members and persons with leave to remain under section 67 of the Immigration Act 2016 (“section 67 leave”) and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 2 of these Regulations amends paragraphs 4A and 5A of the Schedule so as to remove that requirement.

Part 3 of these Regulations amends the EUI Regulations. The EUI Regulations provide for support for one eligible student taking a designated higher education course at the European University Institute. In order to attain eligible student status, persons granted humanitarian protection and their family members, persons with stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 3 of these Regulations inserts a new category (paragraph 4ZA) into Schedule 1 to the EUI Regulations and amends paragraphs 4A and 5A of that Schedule so as to remove that requirement. Part 3 of these Regulations also makes related amendments to regulations 3 and 6 of the EUI Regulations.

Part 4 of these Regulations amends the QCP Regulations. The QCP Regulations prescribe the qualifying courses and persons for the purposes of section 5 of the Higher Education (Wales) Act 2015, which sets out that fee and access plans must specify or provide for the determination of fee limits in relation to qualifying courses. A fee limit is the maximum amount payable by a qualifying person in relation to a qualifying course and the Schedule to the QCP Regulations lists those persons who may be qualifying persons. In order to fall within that Schedule, persons granted stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 4 of these Regulations amends paragraphs 4A and 5A of the Schedule so as to remove that requirement.

Part 5 of these Regulations amends the 2017 Regulations. The 2017 Regulations provide for financial support for eligible students taking designated higher education courses which begin before 1 September 2018. In order to attain eligible student status, persons granted humanitarian protection and their family members, persons with stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 5 of these Regulations inserts a new category (paragraph 4ZA) into Schedule 1 to the 2017 Regulations and amends paragraphs 4A and 5A of that Schedule so as to remove that requirement. Part 5 of these Regulations also makes related amendments to the 2017 Regulations.

Part 6 of these Regulations amends the 2017 Master’s Regulations. The 2017 Master’s Regulations provide for financial support for eligible students taking designated postgraduate master’s degree courses which begin before 1 August 2019. In order to attain eligible student status, persons granted humanitarian protection and their family members, persons with stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 6 of these Regulations inserts a new category (paragraph 4ZA) into Schedule 1 to the 2017 Master’s Regulations and amends paragraphs 4A and 5A of that Schedule so as to remove that requirement. Part 6 of these Regulations also makes related amendments to the 2017 Master’s Regulations.

Part 7 of these Regulations amends the 2018 Regulations. The 2018 Regulations provide for financial support for eligible students taking designated higher education courses which begin on or after 1 September 2018. In order to attain eligible student status, persons granted humanitarian protection and their family members, persons with stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 7 of these Regulations inserts a new category (paragraph 2ZA) into Schedule 2 to the 2018 Regulations and amends paragraphs 2A, 3 and 3A of that Schedule so as to remove that requirement. Part 7 of these Regulations also makes related amendments to the 2018 Regulations.

Part 8 of these Regulations amends the Doctoral Degree Regulations. The Doctoral Degree Regulations provide for financial support for eligible students taking designated postgraduate doctoral degree courses which begin on or after 1 August 2018. In order to attain eligible student status, persons granted humanitarian protection and their family members, persons with stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 8 of these Regulations inserts a new category (paragraph 4A) into Schedule 1 to the Doctoral Degree Regulations and amends paragraphs 5 and 6A of that Schedule so as to remove that requirement. Part 8 of these Regulations also makes related amendments to the Doctoral Degree Regulations.

Part 9 of these Regulations amends the 2019 Master’s Regulations. The 2019 Master’s Regulations provide for financial support for eligible students taking designated postgraduate master’s degree courses which begin on or after 1 August 2019. In order to attain eligible student status, persons granted humanitarian protection and their family members, persons with stateless leave and their family members and persons with section 67 leave and their children are required to have been ordinarily resident in either the United Kingdom or United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of their course. Part 9 of these Regulations inserts a new category (paragraph 2A) into Schedule 2 to the 2019 Master’s Regulations and amends paragraphs 3, 4 and 5 of that Schedule so as to remove that requirement. Part 9 of these Regulations also makes related amendments to the 2019 Master’s Regulations.

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.