The Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 (“the 2006 Regulations”) and the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 (“the 2007 Regulations”).

Changes are made to the corresponding provisions of the 2006 and 2007 Regulations as follows —

Compressed Degree Courses;

Regulations 5—8, 10—13, 18 and 21 of these Regulations amend the 2006 Regulations in relation to new “compressed” degrees. The Secretary of State may determine courses which are compressed degree courses provided by publicly funded educational institutions in England. Eligible students may qualify for support for the duration of those courses. Changes to the 2006 Regulations make provision in respect of students who are ordinarily resident in Wales undertaking such courses. Regulations 27, 28, 32, 34, 42, 44-48 and 51 of these Regulations make similar amendments to the 2007 Regulations.

Eligibility of Turkish Nationals;

Regulations 5, 9, 11, 12, 19, 22—25 and 26 of these Regulations amend the 2006 Regulations in relation to the eligibility of Turkish nationals. The 2006 Regulations are amended to comply with article 9 of Decision No. 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Community and Turkey.

The Association Council was created by the agreement establishing an association between the European Community and Turkey which was signed in Ankara on 12 September 1963 by the Republic of Turkey on the one hand and the Member States of the EEC and the Community on the other. The agreement was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 C. 113 p.1).

Article 9 of Decision No. 1/80 of the Association Council of 19 September 1980 on the development of the association provides: “Turkish children residing legally in a Member State of the Community with their parents who are or have been legally employed in that member State, shall be admitted to courses of general education, apprenticeship and vocational training under the same educational entry qualifications as the children of nationals of that Member State. They may in that Member State be eligible to benefit from the advantages provided for under the national legislation in this area.”. Regulations 27, 33, 35, 41, 49, 52, 56, 57, 62 and 63 of these Regulations make similar amendments to the 2007 Regulations

Other Changes;

Regulations 20 and 50 of these Regulations amend regulation 46 of the 2006 Regulations and regulation 54 of the 2007 Regulations respectively in relation to the definition of a grant for fees for the purpose of Part 9 of the 2006 and 2007 Regulations.

Regulation 24 of these Regulations amends regulation 62 of the 2006 Regulations to specify the rules in relation to a student who becomes eligible for postgraduate support during the course of an academic year.

Regulations 29—31 of these Regulations amend regulation 6 (duration of period of eligibility) and regulation 7 (previous study) of the 2007 Regulations in relation to the definition of a previous course.

Regulations 36 and 37 of these Regulations amend regulation 15 of the 2007 Regulations so that a continuing student will be eligible for a grant for fees only where he or she has previously been determined as eligible for support in respect of a designated course.

Regulation 58 of these Regulations amends regulation 75 of the 2007 Regulations in relation to the definition of “full-time equivalent” and “period ordinarily required to complete the full-time equivalent” in respect of designated postgraduate courses.

Changes effected by regulations 59 and 60 of these Regulations to regulation 76 of the 2007 Regulations clarify the rules relating to period of eligibility in relation to postgraduate students.

Regulations 53—55 of these Regulations amend the figures in regulations 16(5), 37(4)(c), 65(1)(b), 65(5)(g), 65(5)(h), 65(5)(i) and 65(6)(a) of the 2007 Regulations.