2021 No. 1365 (W. 360)
The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State under sections 1 and 2 of the Education (Fees and Awards) Act 19831 and sections 22(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, make the following Regulations:
PART 1TITLE AND COMMENCEMENT
Title and commencement1
1
The title of these Regulations is the Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021.
2
These Regulations come into force on 31 December 2021.
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 2Citizens’ rights and residency criteria
Amendments to the Schedule3
In the Schedule—
a
in paragraph 1, in the definition of “person with protected rights”—
i
the existing text after “means—” is numbered as paragraph (1) of that definition;
ii
in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii) and after sub-paragraph (a)(iv) insert—
v
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
iii
after that paragraph as so numbered, insert—
2
In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 20206); or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
b
in paragraph 2A(1)(a) and (b), for “on the first day of the first academic year of the course” in each case substitute “on the day on which the first term of the first academic year actually begins”
;
c
in paragraph 3(1)(a)(iv)—
i
in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”
;
ii
in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”
;
iii
after sub-paragraph (2) insert—
3
For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendments to regulations 4 to 8
4
In regulation 4—
a
in paragraph (1)(a), after “9B,” insert “9BA,”
;
b
in paragraph (1B), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”
.
5
In regulation 5—
a
in paragraphs (1)(b)(i) and (c)(i), in each case after “9B,” insert “9BA,”
;
b
in paragraph (4), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”
.
6
In regulation 6—
a
in paragraphs (2)(a) and (3)(a), in each case after “9B,” insert “9BA,”
;
b
in paragraph (5), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”
.
7
In regulation 7—
a
in paragraphs (2)(a) and (3)(a), in each case after “9B,” insert “9BA,”
;
b
in paragraph (5), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”
.
8
In regulation 8—
a
in paragraphs (1)(a) and (2)(a), in each case after “9B,” insert “9BA,”
;
b
in paragraph (4), for “paragraph 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”
.
Amendments to the Schedule9
In the Schedule, after paragraph 9B insert—
Irish citizens in the EEA and Switzerland9BA
1
A person—
a
who is an Irish citizen on the first day of an academic year of the course;
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,
and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;
c
who is undertaking the course in the United Kingdom;
d
who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).
3
In this paragraph “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.
PART 3AMENDMENTS TO THE HIGHER EDUCATION (QUALIFYING COURSES, QUALIFYING PERSONS AND SUPPLEMENTARY PROVISION) (WALES) REGULATIONS 2015
CHAPTER 1Introduction
10
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 20157 are amended in accordance with this Part.
CHAPTER 2Citizens’ rights and residency criteria
Amendments to the Schedule11
In the Schedule—
a
in paragraph 1(1), in the definition of “person with protected rights”—
i
the existing text after “means—” is numbered as paragraph (1) of that definition;
ii
in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(ii), and after sub-paragraph (a)(iii) insert—
iv
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
iii
after that paragraph as so numbered, insert—
2
In paragraph (1)(iv) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
b
in paragraph 2A(1)(a) and (b), for “on the first day of the first academic year of the course” in each case substitute “on the day on which the first term of the first academic year actually begins”
;
c
in paragraph 3—
i
in sub-paragraph (1)(a)(iii)(bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”
;
ii
in sub-paragraph (1)(a)(iii)(cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”
;
iii
after sub-paragraph (2) insert—
3
For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendment to regulation 412
In regulation 4—
a
in paragraph (3A), for “paragraph 8A or 9B” substitute “paragraph 8A, 9B or 9BA”
;
b
in paragraph (9)(a), after “9B,” insert “9BA,”
.
Amendment to the Schedule13
In the Schedule, after paragraph 9B insert—
Irish citizens in the EEA and Switzerland9BA
1
A person—
a
who is an Irish citizen on the first day of the first academic year of the course;
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area, Switzerland and the EU overseas territories, or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories;
and has remained ordinary resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;
c
who is undertaking the course in the United Kingdom;
d
who has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 1(3).
3
In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.
PART 4AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017
CHAPTER 1Introduction
14
The Education (Student Support) (Wales) Regulations 20178 are amended in accordance with this Part.
CHAPTER 2Citizens’ rights and residency criteria
Amendments to regulations 2, 4, 81 and 110
15
In regulation 2(1)—
a
in the definition of “person with protected rights”—
i
the existing text after “means—” is numbered as paragraph (1) of the definition;
ii
in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—
v
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
b
after that paragraph as so numbered, insert—
2
In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
16
In regulation 4(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
17
In regulation 81(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
18
In regulation 110(12E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
Amendment to Schedule 119
In Schedule 1—
a
in paragraph 2A—
i
in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”
;
ii
in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”
, and move the terminal “and”
to the end of sub-paragraph (1)(d);
iii
after sub-paragraph (1)(d) insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course.
b
in paragraph 3—
i
in sub-paragraph (1)(a)(iv)(bb) after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”
;
ii
in sub-paragraph (1)(a)(iv)(cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”
;
iii
after sub-paragraph (2) insert—
3
For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
c
in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendments to regulations 4, 23, 41, 81 and 110
20
In regulation 4(2)(a), after “9B,” insert “9BA,”
.
21
In regulation 23(2), after “9A,” insert “9BA,”
.
22
In regulation 41(3), after “9A,” insert “9BA,”
.
23
In regulation 81(2)(a), after “9B,” insert “9BA,”
.
24
In regulation 110(3)(a)(i), after “9B,” insert “9BA,”
.
Amendments to Schedule 125
In Schedule 1, after paragraph 9B insert—
Irish citizens in the EEA and Switzerland9BA
1
A person—
a
who is an Irish citizen on the first day of the first academic year of the course;
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area and Switzerland; or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;
c
who is—
i
undertaking a designated course in Wales; or
ii
undertaking a designated part-time course or a designated postgraduate course in Wales;
d
has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).
Amendment to Schedule 426
In Schedule 4 paragraph (3), after “9B,” insert “9BA,”
.
PART 5AMENDMENTS TO THE EDUCATION (POSTGRADUATE MASTER’S DEGREE LOANS) (WALES) REGULATIONS 2017
CHAPTER 1Introduction
27
The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 20179 are amended in accordance with this Part.
CHAPTER 2Citizens’ rights and residency criteria
Amendments to regulations 2 and 3
28
In regulation 2(1), in the definition of “person with protected rights”—
a
the existing text after “means—” is numbered as paragraph (1) of that definition;
b
in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—
v
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
c
after that paragraph as so numbered, insert—
2
In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
29
In regulation 3(10)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
Amendments to Schedule 130
In Schedule 1—
a
in paragraph 2A—
i
in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”
;
ii
in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”
, and move the terminal “and”
to the end of sub-paragraph (1)(d);
iii
after sub-paragraph (1)(d) insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
b
in paragraph 3(1)(a)(iv)—
i
in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”
;
ii
in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”
;
iii
after sub-paragraph (2) insert—
3
For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
c
in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendment to regulation 331
In regulation 3(2)(a), after “9B,” insert “9BA,”
.
Amendment to Schedule 132
In Schedule 1, after paragraph 9B, insert—
Irish citizens in the EEA and Switzerland9BA
A person—
a
who is an Irish citizen on the first day of the first academic year of the course;
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area and Switzerland; or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;
c
who is undertaking a designated course in Wales;
d
who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).
PART 6AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2018
CHAPTER 1Introduction
33
The Education (Student Support) (Wales) Regulations 201810 are amended in accordance with this Part.
CHAPTER 2Citizens’ rights and residency criteria
Amendment to regulation 2334
In regulation 23E(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
Amendments to Schedule 135
In Schedule 1 paragraph 6(1), in the definition of “person with protected rights”—
a
the existing text after “means—” is numbered as paragraph (1);
b
in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—
v
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
c
after that paragraph as so numbered, insert—
2
In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(2) and (3) (issuance of residence documents during the transition period) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
Amendments to Schedule 2
36
In Schedule 2, in paragraph 1—
a
in sub-paragraph (2)(a)(iv)—
i
in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (5)”
;
ii
in paragraph (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (5)”
;
b
in sub-paragraph (3)—
i
in paragraph (a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”
;
ii
in paragraph (c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”
, and move the terminal “and”
to the end of paragraph (d);
iii
after paragraph (d) insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course
c
after sub-paragraph (4) insert—
5
For the purposes of sub-paragraph (2)(a)(iv), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement,
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
37
In Schedule 2, in paragraph 6C move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
Amendment to Schedule 438
In Schedule 4, in paragraph 13E(a)(i) for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendments to regulations 9 and 10
39
In regulation 9(1)(a)(i), after “6B” insert “6BA,”
.
40
In regulation 10(1), in exception 8 after “6B” insert “, 6BA”
.
Amendments to Schedule 241
In Schedule 2, after paragraph 6B insert—
Irish citizens in the EEA and Switzerland6BA
1
A person—
a
who is an Irish citizen on the first day of the first academic year of the course,
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area and Switzerland, or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course,
c
who is—
i
undertaking a designated course in Wales, or
ii
undertaking a designated postgraduate course in Wales,
d
has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 9(2).
Amendments to Schedule 442
In Schedule 4—
a
in paragraph 4(1)(a)(i), after “6B,” insert “6BA,”
;
b
in paragraph 5(1), in exception 7 for “5A or 6B” substitute “5A, 6B or 6BA”
.
PART 7AMENDMENTS TO THE EDUCATION (POSTGRADUATE DOCTORAL DEGREE LOANS ) (WALES) REGULATIONS 2018
CHAPTER 1Introduction
43
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 201811 are amended in accordance with this Part.
CHAPTER 2Citizens’ rights and residency criteria
Amendments to regulations 2 and 3
44
In regulation 2(1), in the definition of “person with protected rights”—
a
the existing text after “means—” is numbered as paragraph (1) of the definition;
b
in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—
v
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
c
after that paragraph as so numbered, insert—
2
In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
45
In regulation 3(11)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
Amendments to Schedule 146
In Schedule 1—
a
in paragraph 2A—
i
in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”
;
ii
in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”
, and move the terminal “and”
to the end of sub-paragraph (1)(d);
iii
after sub-paragraph (1)(d) insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
b
in paragraph 3(1)(a)(iv)—
i
in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”
;
ii
in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”
;
iii
after sub-paragraph (2) insert—
3
For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
c
in paragraph 10C(1), move the terminal “and” at the end of paragraph (c) to the end of paragraph (d), and after that paragraph insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendments to regulation 347
In regulation 3—
a
in paragraph (2)(a), after “10B,” insert “10BA,”
;
b
in paragraph (2B), for “9A, 10B or 10D” substitute “9A, 10B, 10BA or 10D”
.
Amendments to Schedule 148
In Schedule 1, after paragraph 10B, insert—
Irish citizens in the EEA and Switzerland10BA
1
A person—
a
who is an Irish citizen on the first day of the first academic year;
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the European Economic Area and Switzerland; or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;
c
who is undertaking a designated course in Wales;
d
has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).
PART 8AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (POSTGRADUATE MASTER’S DEGREES) (WALES) REGULATIONS 2019
CHAPTER 1Introduction
49
The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 201912 are amended in accordance with this Part.
CHAPTER 2Citizens’ rights and residency criteria
Amendment to regulation 1250
In regulation 12A(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”
.
Amendments to Schedule 151
In Schedule 1, paragraph 3(1), in the definition of “person with protected rights”—
a
the existing text after “means—” is numbered as paragraph (1) of that definition;
b
in that paragraph as so numbered, omit the terminal “or” at the end of paragraph (a)(iii), and after paragraph (a)(iv), insert—
v
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions, or
c
after that paragraph as so numbered, insert—
2
In sub-paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
a
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement,
b
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or
c
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
Amendments to Schedule 2
52
In Schedule 2—
a
in paragraph 1—
i
in sub-paragraph (2)(a)(iv)—
aa
in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (5)”
;
bb
in paragraph (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (5)”
;
ii
in sub-paragraph (3)—
aa
in paragraph (a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”
;
bb
in paragraph (c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”
, and move the terminal “and”
to the end of sub-paragraph (1)(d);
cc
after paragraph (d) insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
iii
after sub-paragraph (4) insert—
5
For the purposes of sub-paragraph (2)(a)(iv), the citizens’ rights provisions referred to are—
a
Article 18(3) (issuance of residence documents) of the EU withdrawal agreement,
b
Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or
c
Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
53
In paragraph 8C, move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—
e
who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.
CHAPTER 3Eligibility of Irish citizens in the EEA and Switzerland
Amendments to regulations 9 and 10
54
In regulation 9(1)(a)(i), after “8B,” insert “8BA,”
.
55
In regulation 10(1), in exception 12 after “8B” insert “, 8BA”
.
Amendments to Schedule 256
In Schedule 2, after paragraph 8B insert—
Irish citizens in the EEA and Switzerland8BA
1
A person—
a
who is an Irish citizen on the first day of the first academic year of the course,
b
who was ordinarily resident immediately before IP completion day—
i
in the territory comprising the EEA and Switzerland, or
ii
in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the EEA and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course,
c
who is undertaking a designated course in Wales,
d
who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and
e
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
2
Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland in accordance with paragraph 1(5).
(This note is not part of the Regulations)