The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2023
PART 1Title and coming into force
Title and coming into force1.
(1)
The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2023.
(2)
These Regulations come into force on 6 July 2023.
PART 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
CHAPTER 1Introduction
2.
CHAPTER 2Amendments to the definitions of “overseas territories” and “specified British overseas territories”
3.
In regulation 2(1)—
(a)
in the definition of “overseas territories”—
(i)
omit “British Virgin Islands;”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan de Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
after “Turks and Caicos Islands” insert “; Virgin Islands;”
;
(b)
in the definition of “specified British overseas territories”—
(i)
omit “British Virgin Islands;”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands; and Virgin Islands”
.
CHAPTER 3Amendments to the definition of “person granted leave to enter or remain as a protected person”
4.
In the Schedule, in paragraph 1, in the definition of “person granted leave to enter or remain as a protected person”—
(a)
“(e)
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;”;
(b)
“(ea)
leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
(eb)
indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules;”.
PART 3Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015
CHAPTER 1Introduction
5.
CHAPTER 2Amendments to the definitions of “overseas territories” and “specified British overseas territories”
6.
In the Schedule, in paragraph 1(1)—
(a)
in the definition of “overseas territories”—
(i)
omit “British Virgin Islands;”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan de Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
after “Turks and Caicos Islands” insert “; Virgin Islands; ”
;
(b)
in the definition of “specified British overseas territories”—
(i)
omit “British Virgin Islands;”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands; and Virgin Islands”
.
CHAPTER 3Amendments to the definition of “person granted leave to enter or remain as a protected person”
7.
In the Schedule, in paragraph 1(1), in the definition of “person granted leave to enter or remain as a protected person”—
(a)
“(e)
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;”;
(b)
“(ea)
leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
(eb)
indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules;”.
PART 4Amendments to the Education (Student Support) (Wales) Regulations 2017
CHAPTER 1Introduction
8.
CHAPTER 2Amendments to early termination of eligibility provisions
9.
“(11A)
Paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) or (10F) do not apply where, as at the day before the academic year in respect of which A is applying for support starts—
(a)
A; or
(b)
the person who, as a result of their immigration status, caused A to be an eligible student or a qualifying student,
is a British or Irish citizen.”.
10.
“(10G)
Paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) or (10F) do not apply where, as at the day before the academic year in respect of which A is applying for support begins—
(a)
A; or
(b)
the person who, as a result of their immigration status, caused A to be an eligible part-time student,
is a British or Irish citizen.”.
11.
“(12G)
Paragraphs (11), (11A), (11B), (12), (12A), (12B), (12C), (12D), (12E) or (12F) do not apply where, as at the day before the academic year in respect of which A is applying for support begins—
(a)
A; or
(b)
the person who, as a result of their immigration status, caused A to be an eligible postgraduate student,
is a British or Irish citizen.”.
PART 5Amendments to the Education (Student Support) (Wales) Regulations 2018
CHAPTER 1Introduction
12.
CHAPTER 2Amendments to the definitions of “overseas territories” and “specified British overseas territories”
13.
In Schedule 2, in paragraph 11(1)—
(a)
in the definition of “overseas territories”—
(i)
omit “British Virgin Islands,”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
after “Turks and Caicos Islands,” insert “Virgin Islands,”
;
(b)
in the definition of “specified British overseas territories”—
(i)
omit “British Virgin Islands,”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands, and Virgin Islands”
.
CHAPTER 3Amendments to the definition of “person with leave to enter or remain as a relevant Afghan citizen”
14.
In Schedule 2, in paragraph 2ZA(4), in paragraph (ea)—
(a)
“(i)
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,”;
(b)
“(ia)
leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,
(ib)
indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules,”.
CHAPTER 4Amendments to early termination of eligibility provisions
15.
“23H.
Regulations 22, 22A, 23, 23A, 23B, 23C, 23D, 23E, 23F or 23G do not apply where as at the end of the day before the first day of the academic year in respect of which P is applying for support—
(a)
P, or
(b)
the person who, as a result of their immigration status, caused P to be an eligible student,
is a British or Irish citizen.”.
16.
“13H.
Paragraphs 12, 12A, 13, 13A, 13B, 13C, 13D, 13E, 13F or 13G do not apply where, as at the end of the day before the first day of the academic year in respect of which P is applying for support—
(a)
P, or
(b)
the person who, as a result of their immigration status, caused P to be an eligible postgraduate student,
is a British or Irish citizen.”.
PART 6Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
CHAPTER 1Introduction
17.
CHAPTER 2Amendments to the definitions of “overseas territories” and “specified British overseas territories”
18.
In Schedule 1, in paragraph 1(1)—
(a)
in the definition of “overseas territories”—
(i)
omit “British Virgin Islands;”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
after “Turks and Caicos Islands;” insert “Virgin Islands;”
;
(b)
in the definition of “specified British overseas territories”—
(i)
omit “British Virgin Islands;”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands; and Virgin Islands”
.
CHAPTER 3Amendments to the definition of “person with leave to enter or remain as a relevant Afghan citizen”
19.
In regulation 2(1), in the definition of “person with leave to enter or remain as a relevant Afghan citizen”—
(a)
“(a)
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;”;
(b)
“(aa)
leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
(ab)
indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules;”.
PART 7Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019
CHAPTER 1Introduction
20.
CHAPTER 2Amendments to the definitions of “overseas territories” and “specified British overseas territories”
21.
In Schedule 2, in paragraph 13(1)—
(a)
in the definition of “overseas territories”—
(i)
omit “British Virgin Islands,”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
after “Turks and Caicos Islands,” insert “Virgin Islands,”
;
(b)
in the definition of “specified British overseas territories”—
(i)
omit “British Virgin Islands,”;
(ii)
for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”
;
(iii)
for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands, and Virgin Islands”
.
CHAPTER 3Amendments to the definition of “person with leave to enter or remain as a relevant Afghan citizen”
22.
In Schedule 2, in paragraph 2A(4)(da)—
(a)
“(i)
indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,”;
(b)
“(ia)
leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,
(ib)
indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules,”.
These Regulations amend various Regulations which make provision about, and in connection with, student finance.
Amendments are made—
to the name that certain British overseas territories are now known by to be consistent with the British Nationality Act 1981, and
that relate to the immigration status of certain Afghan citizens as a result of changes made to the immigration rules.
Amendments are also made to the Education (Student Support) (Wales) Regulations 2017 and the Education (Student Support) (Wales) Regulations 2018 to disapply early termination of eligibility for certain categories of eligible students in circumstances where a person has become a British or Irish citizen.
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.