The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021
| Jurisdiction | Wales |
| Citation | SI 2021/481 (W148) |
| Year | 2021 |
2021 No. 481 (W. 148)
Exiting The European Union, Wales
Education, Wales
The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021
Made 19th April 2021
Laid before Senedd Cymru 22th April 2021
Coming into force 25th 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 19831, section 22(2)(a) and (d) and section 42(6) of the Teaching and Higher Education Act 19982now exercisable by them3and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 20154, make the following Regulations:
PART 1
TITLE, COMMENCEMENT AND APPLICATION
Title and commencement
1.—(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021.
(2) These Regulations come into force on 25 April 2021.
Application
2. These Regulations apply in relation to the provision of support to a student, and to fees and awards applicable, in relation to an academic year which begins on or after 1 August 2021, whether or not anything done under these Regulations is done before, on, or after that date.
PART 2
AMENDMENTS TO THE EDUCATION (FEES AND AWARDS) (WALES) REGULATIONS 2007
Amendments to the Education (Fees and Awards) (Wales) Regulations 2007
3. The Education (Fees and Awards) (Wales) Regulations 20075are amended in accordance with this Part.
4. In regulation 2 (interpretation)—
(a) in paragraph (1), at the appropriate place insert—
““specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;”;
(b) in paragraph (4)—
(i) after “Islands” insert “, in the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;
(ii) after “overseas territories”, in the first place it occurs, insert “, the territory comprising the United Kingdom, the Islands and the specified British overseas territories”;
(c) in paragraph (5), after sub-paragraph (a) insert—
“(aa)
“(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;”;
(d) in paragraph (6)—
(i) after “Islands” insert “, in the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;
(ii) after “overseas territories” insert “, the territory comprising the United Kingdom, the Islands and the specified British overseas territories”.
5. In regulation 4 (fee charging)—
(a) for paragraph (1) substitute—
“1 Subject to paragraph (1B), it is lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within any of—
(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or
(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (1A) applies,
than in the case of a person who does fall within any of those paragraphs.”;
(b) after paragraph (1) insert—
“1A This paragraph applies where—
(a) in connection with a course beginning before 1 August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of the course beginning before 1 August 2021; and
(b) A is liable for fees in connection with—
(i) that course, or
(ii) a course provided by an institution mentioned in paragraph (3) to which A transfers from that course in accordance with regulations made under section 22 of the Teaching and Higher Education Act 1998.
1B In relation to a course beginning on or after 1 January 2028, paragraph (1) has effect as if paragraphs 8A and 9B are omitted from paragraph (1)(a).”;
(c) in paragraph (2), after “within”, in the first place it occurs, insert “a paragraph of”.
6. In regulation 5 (awards by local authorities)—
(a) in paragraph (1), at the beginning insert “Subject to paragraph (4),”;
(b) for paragraph (1)(b) and (c) substitute—
“(b)
“(b) confine eligibility in the case of fees awards to those persons who fall within any of—
(i) paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or
(ii) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (2) applies;
(c)
(c) confine eligibility in the case of maintenance awards to those persons who fall within any of—
(i) paragraphs 2, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9B, 10A, 11A or 12A of the Schedule, or
(ii) paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule where paragraph (3) applies.”;
(c) after paragraph (1) insert—
“2 This paragraph applies—
(a) where, in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and
(b) where A’s eligibility for an award is being assessed in relation to that course.
3 This paragraph applies—
(a) where in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and
(b) where A’s eligibility for an award is being assessed in relation to that course.
4 In relation to a course beginning on or after 1 January 2028 paragraph (1) has effect as if paragraphs 8A and 9B are omitted from paragraphs (1)(b)(i) and 1(c)(i).”
7.—(1) For the heading to regulation 6 substitute—
“Payments by HEFCW to training providers”.
(2) For regulation 6 substitute—
“6.—(1) Paragraph (2) applies where, under section 86 of the 2005 Act6, HEFCW7makes grants, loans or other payments to a training provider.
(2) Subject to paragraph (5), it is lawful for HEFCW to adopt rules of eligibility for awards given by the training provider which confine eligibility to those persons who fall within any of—
(a)
(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or
(b)
(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.
(3) Subject to paragraph (5), it is lawful for a training provider who is receiving grants, loans or other payments under section 86 of the 2005 Act to adopt rules of eligibility for awards which confine eligibility to those persons who fall within any of—
(a)
(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or
(b)
(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.
(4) This paragraph applies—
(a)
(a) where, in connection with training beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021, and
(b)
(b) where A’s eligibility for an award is being assessed in relation to that training.
(5) In relation to training beginning on or after 1 January 2028, paragraphs (2) and (3) have effect as if paragraphs 8A and 9B are omitted from paragraphs (2)(a) and (3)(a).”
8. For regulation 7 (payments by HEFCW) substitute—
“7.—(1) Paragraph (2) applies where HEFCW makes grants, loans or other payments under section 65 of the Further and Higher Education Act 19928to an institution for the purpose of training students (other than by a course leading to a first degree) to teach persons over compulsory school age.
(2) Subject to paragraph (5), it is lawful for HEFCW to adopt rules of eligibility for awards to be made to the students which confine eligibility to those persons who fall within any of—
(a)
(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or
(b)
(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.
(3) Subject to paragraph (5), it is lawful for an institution to which HEFCW pays grants, loans or other payments for the purpose described in paragraph (1) to adopt rules of eligibility for awards which confine eligibility to those persons who fall within any of—
(a)
(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or
(b)
(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.
(4) This paragraph applies—
(a)
(a) where, in connection with training beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021, and
(b)
(b) where A’s eligibility for an award is being assessed in relation to that training.
(5) In relation to training...
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