The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011

Revocation, savings and transitional provisions

3.—(1) Subject to paragraph (9), the 2009 Regulations are revoked in relation to Wales on 1 September 2011.

(2) The 2003 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2003 but before 1 September 2004.

(3) The 2004 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2004 but before 1 September 2005.

(4) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2005 but before 1 September 2006.

(5) The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2006 but before 1 September 2007.

(6) The 2007 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2007 but before 1 September 2008.

(7) The 2008 Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2008 but before 1 September 2009.

(8) The 2008 (No. 2) Regulations continue to apply to the provision of support to students in relation to an academic year which began on or after 1 September 2009 but before 1 September 2010.

(9) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1 September 2010 but before 1 September 2011.

(10) For the purposes of paragraphs (2) to (4), any reference to the Secretary of State in relation to any function conferred on the Secretary of State by the Regulations referred to in those paragraphs, is to be read in relation to Wales as a reference to—

(a) the Welsh Ministers, in the case of a function referred to in section 44(1) of the Higher Education Act 2004(1); or

(b) the Welsh Ministers or the Secretary of State, in the case of a function referred to in section 44(2) of the Higher Education Act 2004.

(11) These Regulations, except Part 14, apply in relation to the provision of support to students in respect of an academic year which begins on or after 1 September 2011 whether anything done under these Regulations is done before, on or after 1 September 2011.

(12) Where a person—

(a) attends a course in respect of which a transitional award was made; or

(b) received no award under the 1962 Act in respect of that person’s attendance on a course but a transitional award would have been made had the person applied for an award under the 1962 Act and the person’s resources had not exceeded the person’s requirements,

that person is to be treated as an old system eligible student for the purposes of Parts 4 and 5 of these Regulations in connection with that course or in connection with any subsequent course to which the award (either made or which would have been made) would have transferred if transitional awards provided for payments after the first year of the course, despite any other provision in these Regulations.

(13) Unless paragraph (14) applies to the person referred to in paragraph (12), that person qualifies for support by way of loan for living costs under Part 6 of these Regulations if that person—

(a) is an eligible student under these Regulations; and

(b) satisfies the qualifying conditions for support under that Part.

(14) Where a person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations, that person is to be treated as an old system eligible student for the purposes of Part 6 of these Regulations in connection with—

(a) that course; or

(b) any subsequent designated course which (disregarding any intervening vacation) the person begins immediately after ceasing that course,

despite any other provisions in these Regulations.

(15) Unless paragraph (12) applies to the person referred to in paragraph (14), that person qualifies for support under Parts 4 and 5 of these Regulations if that person—

(a) is an eligible student under these Regulations; and

(b) satisfies the relevant qualifying conditions under those Parts.

(1)

2004 c. 8.