2024 No. 810 (W. 131)

Education, Wales

The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024

Made18 July 2024

Laid before Senedd Cymru19 July 2024

Coming into force9 August 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 19831 and sections 22(1)(a) and (2)(a) and 42(6) of the Teaching and Higher Education Act 19982, and now exercisable by them3, and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 20154.

PART 1Title and coming into force

Title and coming into force1.

(1)

The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2024.

(2)

These Regulations come into force on 9 August 2024.

PART 2Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

CHAPTER 1Introduction

2.

The Education (Fees and Awards) (Wales) Regulations 20075 are amended in accordance with this Part.

CHAPTER 2Person granted leave to remain as a protected partner

3.

In the Schedule—

(a)

in paragraph 1, in the definition of “person granted leave to remain as a protected partner”—

(i)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “caniatâd iddo aros” substitute “caniatâd iddo ddod i mewn neu aros”;

(iii)

before paragraph (a) insert—

“(1)
in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after paragraph (1) insert—

“(2)
in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
(a)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse6, or
(b)
paragraph BP 11.1 of Appendix Bereaved Partner7.”;

(b)

in paragraph 4B (persons granted leave to remain as a protected partner and their children)—

(i)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(ii)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(iii)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(iv)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(v)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain ”;

(vi)

in sub-paragraph (3), for “leave to remain” in both places it occurs, substitute “leave to enter or remain”.

F1PART 3Amendments to the Education (European University Institute) (Wales) Regulations 2014

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

CHAPTER 1Introduction

8.

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20159 are amended in accordance with this Part.

CHAPTER 2Person granted leave to remain as a protected partner

9.

In the Schedule—

(a)

in paragraph 1(1), in the definition of “person granted leave to remain as a protected partner”—

(i)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “caniatâd iddo aros” substitute “caniatâd iddo ddod i mewn neu aros”;

(iii)

before paragraph (a) insert—

“(1)
in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after paragraph (1) insert—

“(2)
in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
(a)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
(b)
paragraph BP 11.1 of Appendix Bereaved Partner.”;

(b)

in paragraph 4B (persons granted leave to remain as a protected partner and their children)—

(i)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(ii)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(iii)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(iv)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(v)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(vi)

in sub-paragraph (3), for “leave to remain” substitute “leave to enter or remain”.

PART 5Amendments to the Education (Student Support) (Wales) Regulations 2017

CHAPTER 1Introduction

10.

The Education (Student Support) (Wales) Regulations 201710 are amended in accordance with this Part.

CHAPTER 2Person granted leave to remain as a protected partner

11.

In regulation 2(1), in the definition of “person granted leave to remain as a protected partner”—

(a)

for “leave to remain”, in both it occurs places, substitute “leave to enter or remain”;

(b)

for “caniatâd iddo aros” substitute “caniatâd iddo ddod i mewn neu aros”;

(c)

before paragraph (a) insert—

“(1)
in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(d)

after paragraph (1) insert—

“(2)
in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
(a)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
(b)
paragraph BP 11.1 of Appendix Bereaved Partner.”

12.

In regulation 4(10C)—

(a)

in sub-paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (b), for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”.

13.

In regulation 15(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

14.

In regulation 23(12)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

15.

In regulation 49(2)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

16.

In regulation 81(10C)—

(a)

in sub-paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (b), for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”.

17.

In regulation 82(4)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

18.

In regulation 110(12C)—

(a)

in sub-paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (b), for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”.

19.

In regulation 111(2)(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

20.

In Schedule 1, in paragraph 4ZB (persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3), for “leave to remain” substitute “leave to enter or remain”.

21.

In Schedule 4, in paragraph 6(aa), for “granted leave to remain” substitute “granted leave to enter or remain”.

PART 6Amendments to the Education (Student Support) (Wales) Regulations 2018

CHAPTER 1Introduction

22.

The Education (Student Support) (Wales) Regulations 201811 are amended in accordance with this Part.

CHAPTER 2Person granted leave to remain as a protected partner

23.

In regulation 23C (persons who cease to have leave to remain as a protected partner)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(d)

in the words after paragraph (1)(b)(ii), for “further leave to remain” substitute “further leave to enter or remain”.

24.

In regulation 80—

(a)

in paragraph (2)(b)(ia), for “granted leave to remain” substitute “granted leave to enter or remain”;

(b)

in paragraph (3), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

25.

In regulation 81(3)(b)(ia), for “with leave to remain” substitute “with leave to enter or remain”.

26.

In Schedule 2, in paragraph 2ZB (category 2ZB - persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3)(a), for “leave to remain” substitute “leave to enter or remain”;

(g)

in sub-paragraph (3)(b)—

(i)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “under any of the following provisions of the immigration rules” substitute “under any provisions of the immigration rules specified in either of the following cases”;

(iii)

before sub-paragraph (i) insert—

“Case 1
In the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after sub-paragraph (vii) insert—

“Case 2
In the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
(ii)
paragraph BP 11.1 of Appendix Bereaved Partner.”

27.

In Schedule 4—

(a)

in paragraph 13C—

(i)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(ii)

in sub-paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(iii)

in the words following sub-paragraph (1)(b)(ii), for “leave to remain” substitute “leave to enter or remain”;

(b)

in paragraph 14—

(i)

in sub-paragraph (3)(b)(ia), for “person with leave to remain” substitute “person with leave to enter or remain”;

(ii)

in sub-paragraph (4), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

28.

In Schedule 5, in paragraph 4—

(a)

in sub-paragraph (2)(aa), for “person with leave to remain” substitute “person with leave to enter or remain”;

(b)

in sub-paragraph (3), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

29.

In Schedule 7, paragraph 1, in Table 16, for the definition of “leave to remain as a protected partner” substitute “leave to enter or remain as a protected partner”.

PART 7Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

CHAPTER 1Introduction

30.

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201812 are amended in accordance with this Part.

CHAPTER 2Person granted leave to remain as a protected partner

31.

In regulation 2 (interpretation), in paragraph (1), in the definition of “person granted leave to remain as a protected partner”—

(a)

for “leave to remain”, in both places it occurs, substitute “leave to enter or remain”;

(b)

for “caniatâd iddo aros”, substitute “caniatâd iddo ddod i mewn neu aros”;

(c)

before paragraph (a) insert—

“(1)
in the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(d)

after paragraph (1) insert—

“(2)
in the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
(a)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
(b)
paragraph BP 11.1 of Appendix Bereaved Partner.”

32.

In regulation 8(ba), for “granted leave to remain” substitute “granted leave to enter or remain”.

33.

In Schedule 1, in paragraph 4B (persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3), for “leave to remain” substitute “leave to enter or remain”.

PART 8Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

CHAPTER 1Introduction

34.

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 201913 are amended in accordance with this Part.

CHAPTER 2Person granted leave to remain as a protected partner

35.

In regulation 16—

(a)

in paragraph (1)(b)(viii) for “granted leave to remain” substitute “granted leave to enter or remain”;

(b)

in paragraph (2), for the term “person granted leave to remain as a protected partner” substitute ““person granted leave to enter or remain as a protected partner” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”);”.

36.

In Schedule 2, in paragraph 2B (category 2B - persons granted leave to remain as a protected partner and their children)—

(a)

in the heading, for “leave to remain” substitute “leave to enter or remain”;

(b)

in sub-paragraph (1)(a), for “leave to remain” substitute “leave to enter or remain”;

(c)

in sub-paragraph (2)(a), for “leave to remain” substitute “leave to enter or remain”;

(d)

in sub-paragraph (2)(b), for “leave to remain” substitute “leave to enter or remain”;

(e)

in sub-paragraph (2)(c), for “leave to remain” substitute “leave to enter or remain”;

(f)

in sub-paragraph (3)(a), for “leave to remain” substitute “leave to enter or remain”;

(g)

in sub-paragraph (3)(b)—

(i)

for “leave to remain” in both places it occurs, substitute “leave to enter or remain”;

(ii)

for “under any of the following provisions of the immigration rules” substitute “under any provisions of the immigration rules specified in either of the following cases”;

(iii)

before sub-paragraph (i) insert—

“Case 1
In the case of a person granted leave to remain before 31 January 2024, any of the following provisions of the immigration rules—”;

(iv)

after sub-paragraph (vii) insert—

“Case 2
In the case of a person granted leave to enter or remain on or after 31 January 2024, either of the following provisions of the immigration rules—
(i)
paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or
(ii)
paragraph BP 11.1 of Appendix Bereaved Partner.”

37.

In Schedule 4, in paragraph 1, in Table 3, for the definition of “person granted leave to remain as a protected partner” substitute “person granted leave to enter or remain as a protected partner”.

Lynne Neagle

Cabinet Secretary for Education, one of the Welsh Ministers

18 July 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which are in eight Parts, amend various Regulations which make provision about, and in connection with, eligibility requirements for student finance.

Part 1 makes provision about the coming into force of these Regulations.

Parts 2 to 8 amend the definition of a protected partner as a consequence of changes to the immigration rules Appendix Victim of Domestic Abuse and Appendix Bereaved Partner, in the following Regulations—

(a)

Part 2 amends the Education (Fees and Awards) (Wales) Regulations 2007,

(b)

Part 3 amends the Education (European University Institute) (Wales) Regulations 2014,

(c)

Part 4 amends the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015,

(d)

Part 5 amends the Education (Student Support) (Wales) Regulations 2017,

(e)

Part 6 amends the Education (Student Support) (Wales) Regulations 2018,

(f)

Part 7 amends the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018, and

(g)

Part 8 amends 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.