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

Welsh Statutory Instruments

2024 No. 810 (W. 131)

Education, Wales

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

Made

18 July 2024

Laid before Senedd Cymru

19 July 2024

Coming into force

9 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 1983(1) and sections 22(1)(a) and (2)(a) and 42(6) of the Teaching and Higher Education Act 1998(2), and now exercisable by them(3), and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015(4).

PART 1 Title and coming into force

Title and coming into force

1.—(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 2 Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

CHAPTER 1 Introduction

2.  The Education (Fees and Awards) (Wales) Regulations 2007(5) are amended in accordance with this Part.

CHAPTER 2 Person 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 Abuse(6), or

(b) paragraph BP 11.1 of Appendix Bereaved Partner(7).”;

(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”.

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

CHAPTER 1 Introduction

4.  The Education (European University Institute) (Wales) Regulations 2014(8) are amended in accordance with this Part.

CHAPTER 2 Person granted leave to remain as a protected partner

5.  In regulation 3, 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.”

6.  In regulation 6(10D)—

(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”.

7.  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”.

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

CHAPTER 1 Introduction

8.  The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015(9) are amended in accordance with this Part.

CHAPTER 2 Person 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 sub-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 5 Amendments to the Education (Student Support) (Wales) Regulations 2017

CHAPTER 1 Introduction

10.  The Education (Student Support) (Wales) Regulations 2017(10) are amended in accordance with this Part.

CHAPTER 2 Person 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 paragraph (a), for “leave to remain” substitute “leave to enter or remain”;

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

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

CHAPTER 1 Introduction

22.  The Education (Student Support) (Wales) Regulations 2018(11) are amended in accordance with this Part.

CHAPTER 2 Person 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 7 Amendments to the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

CHAPTER 1 Introduction

30.  The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018(12) are amended in accordance with this Part.

CHAPTER 2 Person 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 8 Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

CHAPTER 1 Introduction

34.  The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(13) are amended in accordance with this Part.

CHAPTER 2 Person 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.

(1)

1983 c. 40; section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19; the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c. 56), Schedule 37, paragraph 57(a) and (b); the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and Schedule 22; the Education Act 2005 (c. 18), Schedule 14, paragraph 9; S.I. 2005/3238 (W. 243), Schedule 1, paragraph 9; S.I. 2010/1080, Schedule 1, paragraph 12; S.I. 2010/1158, Schedule 2, paragraph 1; the Education Act 2011 (c. 21), Schedule 5, paragraph 5 and Schedule 16, paragraph 5; and the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 44 and Schedule 4.

(2)

1998 c. 30; section 22(1) was amended by the Learning and Skills Act 2000 (c. 21), section 146. See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.

(3)

The functions of the Secretary of State in section 1 of the Education (Fees and Awards) Act 1983 were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the National Assembly for Wales (Transfer of Functions) Order 2006, article 2(a) (S.I. 2006/1458) with effect from 8 June 2006. The functions of the Secretary of State in section 2 of that Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672) with effect from 1 July 1999. The function of the Secretary of State in section 22(1) of the Teaching and Higher Education Act 1998 was transferred to the National Assembly for Wales, so far as it relates to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8). Section 44 of the Higher Education Act 2004 also provided that the functions in section 22(2)(a) of the Teaching and Higher Education Act 1998 were to be exercised by the National Assembly for Wales concurrently with the Secretary of State, so far as they relate to making provision in relation to Wales. The Secretary of State’s function in section 42(6) of the Teaching and Higher Education Act 1998, in so far as being exercisable in relation to Wales, was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, article 2 and Schedule 1 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

2015 anaw 1. See section 57(1) for the definitions of “prescribed” and “regulations”.

(5)

S.I. 2007/2310 (W. 181), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2022/79 (W. 28), S.I. 2022/764 (W. 166), S.I. 2023/633 (W. 97) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(6)

The Appendix was added to the immigration rules by Statement of Changes to the Immigration Rules laid before Parliament on 7 December 2023 (HC 246). An electronic copy of HC 246 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-246-7-december-2023, and a hard copy is available by written request to Home Office, 2 Marsham Street, London, SW1P 4DF.

(7)

The Appendix was added to the immigration rules by Statement of Changes to the Immigration Rules laid before Parliament on 7 December 2023 (HC 246). An electronic copy of HC 246 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-246-7-december-2023, and a hard copy is available by written request to Home Office, 2 Marsham Street, London, SW1P 4DF.

(8)

S.I. 2014/3037 (W. 303), relevant amendments are S.I. 2021/1294 (W. 328), S.I. 2022/79 (W. 28), S.I. 2022/764 (W. 166) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(9)

S.I. 2015/1484 (W. 163), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2022/79 (W. 28), S.I. 2022/764 (W. 166), S.I. 2023/633 (W. 97) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(10)

S.I. 2017/47 (W. 21), amended by S.I. 2022/79 (W. 28), S.I. 2022/764 (W. 166) and S.I. 2023/87 (W. 17). There are other amending instruments but none are relevant.

(11)

S.I. 2018/191 (W. 42), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2022/79 (W. 28), S.I. 2022/764 (W. 166), S.I. 2023/633 (W. 97) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(12)

S.I. 2018/656 (W. 124), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2022/403 (W. 100), S.I. 2022/764 (W. 166), S.I. 2023/633 (W. 97) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.

(13)

S.I. 2019/895 (W. 161), relevant amendments are S.I. 2021/481 (W. 148), S.I. 2022/403 (W. 100), S.I. 2022/764 (W. 166), S.I. 2023/633 (W. 97) and S.I. 2023/1349 (W. 243). There are other amending instruments but none are relevant.