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PART 1E+WGENERAL

InterpretationE+W

2.—[F1(1)] In these Regulations—

“the 1998 Act” means the Teaching and Higher Education Act 1998;

[F2the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;]

“Access to HE Diploma” means a qualification which is specifically designed to prepare persons for study at university;

“applicant” means a person applying for a fee loan under regulation 10(1);

F3...

“borrower” means a person to whom a fee loan has been made;

“current course” means the designated further education course in respect of which a person is applying for a fee loan;

[F4“designated further education course” means a course designated by the Secretary of State under regulation 4;]

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004(1) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“electronic signature” is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible prisoner” means a prisoner—

(a)

who begins the current course on or after 1st August 2013;

(b)

who is serving a sentence of imprisonment in England;

(c)

has been authorised by the prison Governor or Director or other appropriate authority to study the current course; and

(d)

whose earliest release date is within 6 years of the first day of the current course;

“eligible student” has the meaning given in regulation 3;

“EU national” means a national of a Member State of the EU;

“fee loan” means a loan for fees made to an eligible student pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

“fees” has the meaning given in [F5section 85(2) of the Higher Education and Research Act 2017];

[F6“further education course” means—

(a)

a course in preparation for examination for the General Certificate of Secondary Education; or

(b)

a course providing education (whether or not in preparation for an examination) at a level equivalent to or higher than the course described in sub-paragraph (a);]

[F7“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;]

F8...

“information” includes documents;

“institution” means an organisation delivering further education courses;

“Islands” means the Channel Islands and the Isle of Man and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;

“loan”, except where otherwise indicated, means a loan made pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“period of eligibility” has the meaning given in regulation 5 in relation to an eligible student;

[F9“person granted Calais leave” means a person who—

(a)

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules F10...; and

(b)

has been ordinarily resident in the United Kingdom and Islands since the person was [F11granted such leave to remain];]

“person granted humanitarian protection” means a person—

(a)

who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules F12...;

(b)

whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(2)); and

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

[F13“person granted indefinite [F14leave to enter or remain] as a bereaved partner” means a person—

(a)

granted indefinite [F15leave to enter or remain] in the United Kingdom F16...F17...—

(i)

[F18[F19under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules]; F20...

(ii)

where such leave was granted before the coming into force of Appendix Bereaved Partner [F21, under any of the following provisions of the immigration rules] —

(aa)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);

(bb)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);

(cc)

paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(dd)

paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces);]

(iii)

[F22under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or]

(iv)

[F22where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;] and

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F23“person granted indefinite [F24leave to enter or remain] as a victim of domestic violence or domestic abuse” means a person—

(a)

granted indefinite [F24leave to enter or remain] in the United Kingdom under any of the following provisions of the immigration rulesF25...—

(i)

[F26paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(ii)

where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);]

(b)

who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F27“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;]

[F28“person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme [F29, a person granted leave under the Ukraine Permission Extension Scheme] or a person granted leave under the Ukraine Family Scheme;]

[F27“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(a)

who has—

(i)

indefinite leave to enter or remain in the United Kingdom, outside the immigration rules F30..., on the basis of the Afghan Citizens Resettlement Scheme; [F31and]

(ii)

F32...

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F33 “person granted leave under the Afghan Relocations and Assistance [F34Policy] Scheme” means a person—

(a)

who has —

(i)

indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the [F35immigration rules], having been relocated to the United Kingdom pursuant to paragraph [F36276BB1(iii)(a)] of the [F37immigration rules];

(ia)

[F38indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,]

(ii)

[F39leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance [F34Policy] Scheme; [F40or]

(iii)

indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance [F34Policy] Scheme; [F41and]

(iv)

F42...

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F43“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the [F44immigration rules]; or

(ii)

outside the [F45immigration rules] where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F43“person granted leave under the Ukraine Extension Scheme” means a person—

(a)

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the [F46immigration rules]; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F43“person granted leave under the Ukraine Family Scheme” means a person—

(a)

who has leave to enter or remain in the United Kingdom—

(i)

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the [F47immigration rules]; or

(ii)

outside the [F48immigration rules] where the person—

(aa)

was residing in Ukraine immediately before 1st January 2022; and

(bb)

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F49“person granted leave under the Ukraine Permission Extension Scheme” means a person—

(a)

who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and

(b)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F50“person granted section 67 leave” means a person who—

(a)

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F51“person granted stateless leave” means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules F52...; and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F53“person with protected rights” means—

(1)
(a)

[F54a person within the personal scope of the citizens’ rights provisions who—

(i)

has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(ii)

is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;

(iii)

F55...F56...

(iv)

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or]

(v)

[F57otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or]

(b)

a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(2)

[F58In 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.]

“public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(3) as extended by the Protocol thereto which entered into force on 4th October 1967(4);

[F59“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;]

[F59“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;]

[F59“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

F60...

“student loans legislation” means the Education (Student Loans) Act 1990(5), the Education (Student Loans) (Northern Ireland) Order 1990(6), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998(7) and regulations made under that Order or the 1998 Act;

[F61“Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom.]

[F62(2) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a)Article 10 (personal scope) of the EU withdrawal agreement;

(b)Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 10 (personal scope) of the Swiss citizens’ rights agreement.]]]

Textual Amendments

F8Words in reg. 2(1) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(1)(a)

F9Words in reg. 2 inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(4)(a)

F13Words in reg. 2 inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 14(2)

F18Words in reg. 2(1) substituted (12.6.2024 with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 11

F23Words in reg. 2 inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(4)(a)

F24Words in reg. 2(1) substituted (15.2.2024 with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 24(1)(a)

F26Words in reg. 2(1) substituted (15.2.2024 with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 24(1)(b)

F28Words in reg. 2(1) inserted (3.6.2022 with application in accordance with reg. 1(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 13(1)(a)

F29Words in reg. 2(1) inserted (12.6.2024 with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 4(a)

F31Word in reg. 2(1) substituted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 79(a)(i)

F32Words in reg. 2(1) omitted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 79(a)(ii)

F33Words in reg. 2(1) inserted (23.12.2021 with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 34(1)

F40Word in reg. 2(1) inserted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 79(b)(i)

F41Word in reg. 2(1) substituted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 79(b)(ii)

F42Words in reg. 2(1) omitted (1.8.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 79(b)(iii)

F43Words in reg. 2(1) inserted (3.6.2022 with application in accordance with reg. 1(4)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 13(1)(b)

F49Words in reg. 2(1) inserted (12.6.2024 with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 4(b)

F50Words in reg. 2(1) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 39(2)

F55Words in reg. 2(1) omitted (23.12.2021 with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 35(1)(b)

Commencement Information

I1Reg. 2 in force at 1.9.2012, see reg. 1(1)

(1)

OJL158, 30.4.2004, p77.

(2)

2002 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19), section 26 and Schedule 2 and the Immigration, Asylum and Nationality Act 2006 (c.13), section 9.

(3)

Cmnd. 9171.

(4)

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Finance Policy Division, Department for Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

(5)

1990 c.6; repealed by the Teaching and Higher Education Act 1998, Schedule 4.

(6)

S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

(7)

S.I. 1998/1760 (N.I. 14) to which there have been amendments not relevant to these Regulations.