The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

(a) the Education (Fees and Awards) (Wales) Regulations 2007 (“the Fees and Awards Regulations”);

(b) the Education (European University Institute) (Wales) Regulations 2014 (“the European University Institute Regulations”);

(c) the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the Qualifying Courses and Persons Regulations”);

(d) the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”);

(e) the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”); and

(f) the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Regulations”).

The Fees and Awards Regulations provide that, in the circumstances described in the Regulations, it is lawful for institutions to discriminate between some or all of those persons mentioned in the Schedule and any other person by charging higher fees to persons not mentioned in the Schedule, than the fees which are charged to persons so mentioned. Regulations 3, 4 and 6(b) of these Regulations make technical amendments to the Fees and Awards Regulations to update and correct language used. Regulations 5 and 6(a) and (c) of these Regulations amend regulation 5 of and the Schedule to the Fees and Awards Regulations to create a new category of persons: persons with section 67 leave to remain.

The European University Institute Regulations provide for support for one eligible student taking a designated higher education course at the European University Institute. Regulations 8 to 10 of these Regulations make amendments to the European University Institute Regulations to insert definitions and to create a new category of eligible student: persons with section 67 leave to remain.

The Qualifying Courses and Persons Regulations prescribe the qualifying courses and persons for the purposes of section 5 of the Higher Education (Wales) Act 2015, which sets out that fee and access plans must specify (or provide for the determination of) fee limits in relation to qualifying courses and qualifying persons each academic year. Regulations 12 and 13(b) make technical amendments to the Qualifying Courses and Persons Regulations to update and correct language used. Regulation 13(a) and (c) of these Regulations makes amendments to the Qualifying Courses and Persons Regulations to add a new category to the list of persons who may be qualifying persons: persons with section 67 leave to remain.

The 2017 Regulations provide for financial support for eligible students taking designated higher education courses which begin before 1 September 2018. The 2018 Regulations provide for financial support for eligible students taking designated higher education courses which begin on or after 1 September 2018.

Regulation 15 amends regulation 2(1) of the 2017 Regulations. It makes amendments to existing definitions and inserts a definition of “person with section 67 leave to remain”. Regulation 38 makes amendments to Schedule 1 to the 2017 Regulations to create a new category of eligible student: persons with section 67 leave to remain.

Regulations 16, 18, 22, 26, 28, 29, 30(a) and (b), 31, 34, 35 and 39 make amendments to the 2017 Regulations which are consequential on the amendments made by regulations 15 and 38.

Regulations 21 and 34(a) correct errors in the 2017 Regulations.

Regulation 17 amends regulation 5 of the 2017 Regulations. It provides a new basis for the designation of full-time courses by the 2017 Regulations.

Regulations 19, 20, 23, 24, 25, 27, 33 and 37 substitute figures in regulations 16, 19, 24, 43, 45, 50, 88 and 117 of the 2017 Regulations, concerning grants and loans for tuition fees and living costs for full-time students, grants for disabled part-time students’ living costs and support for postgraduate students with disabilities.

Regulation 30(c) amends paragraphs (28) and (29) of regulation 81 of the 2017 Regulations. This amendment replaces references to the Joint Academic Coding System as maintained by the Universities and Colleges Admission Service (“UCAS”) with references to the Higher Education Classification of Subjects maintained by UCAS and the Higher Education Statistics Agency.

Regulation 32 amends regulation 83 of the 2017 Regulations. It provides a new basis for the designation of part-time courses by the 2017 Regulations.

Regulation 36 amends regulation 112 of the 2017 Regulations. It provides a new basis for the designation of postgraduate courses by the 2017 Regulations.

Regulation 40 introduces Schedule 1, which provides for a new Schedule 7 to the 2017 Regulations. This relates to the amendments made by regulation 30(c).

Regulation 42 amends regulation 6 of the 2018 Regulations. It provides a new basis for the designation of full-time and part-time courses by the 2018 Regulations.

Regulation 45 corrects an error in the 2018 Regulations.

Regulation 56 amends Schedule 2 to the 2018 Regulations to create a new category of eligible student: persons with section 67 leave to remain.

Regulations 43, 52, 53, 57(d) and 58 make amendments to the 2018 Regulations which are consequential on the amendments made by regulation 56.

Regulation 44 amends regulation 25 of the 2018 Regulations. This amendment replaces references to the Joint Academic Coding System with references to the Higher Education Classification of Subjects.

Regulations 46, 47, 48, 49, 50 and 51 substitute figures in regulations 55, 56, 57, 58, 58A and 63 of the 2018 Regulations respectively, which concerns maintenance loans for full-time and part-time students and disabled student’s grant.

Regulations 54 and 55 amend paragraph 2 of Schedule 1 to the 2018 Regulations. The amendments introduce new definitions of educational institutions.

Regulation 57(a), (b) and (c) amends paragraph 2 of Schedule 4 to the 2018 Regulations. It provides a new basis for the designation of courses for the purposes of the disabled postgraduate student’s grant by the 2018 Regulations.

Regulation 59 introduces Schedule 2, which provides for a new Schedule 5A to the 2018 Regulations. This relates to the amendments made by regulation 44.

Regulation 60 amends the index of defined expressions in Schedule 7 to the 2018 Regulations.

The Doctoral Regulations provide for financial support for eligible students undertaking designated postgraduate doctoral degree courses.

Regulation 62 amends regulation 2 of the Doctoral Regulations. It provides for new and amended definitions related to other amendments made by these Regulations.

Regulation 63 amends regulation 4 of the Doctoral Regulations. It provides a new basis for the designation of postgraduate doctoral degree courses by the Doctoral Regulations.

Regulation 65 substitutes figures in regulation 13 of the Doctoral Regulations, concerning the amount of postgraduate doctoral degree loan.

Regulation 66 amends Schedule 1 to the Doctoral Regulations to create a new category of eligible student: persons with section 67 leave to remain. Regulation 64 makes an amendment to regulation 8 of the Doctoral Regulations which is consequential on the amendments made by regulation 66.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained form the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.