The Education (Student Support) (Wales) Regulations 2018

Interpretation of other key terms E+W

6.—(1) In these Regulations—

[F1 “the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;]

“academic authority” (“awdurdod academiadd”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“accelerated graduate entry course” (“cwrs mynediad graddedig carlam”) means a full-time course—

(a)

which leads to a qualification as a medical doctor or dentist,

(b)

the standard of which is not higher than a first degree course,

(c)

where the normal entry requirement is a first degree or equivalent qualification, and

(d)

which does not exceed 4 years duration;

“close relative” (“perthynas agos”) (in relation to a person (“P”)) means—

(a)

P's spouse or civil partner;

(b)

a person ordinarily living with P as if the person were P's spouse or civil partner;

(c)

P's parent, where P is under the age of 25;

(d)

[F2 P’s child, where P is dependent on that child;]

“compressed degree course” (“cwrs gradd cywasgedig”) means a course determined as such by—

(a)

the Welsh Ministers in accordance with sub-paragraph (2), or

(b)

the Secretary of State in accordance with regulation 2(2) of the Education (Student Support) Regulations 2011 M1 ;

“compressed first year course” (“cwrs blwyddyn gyntaf gywasgedig”) means a course where—

(a)

the first year is to be completed in a period of not more than seven months, and

(b)

no other years of the course are undertaken on such a compressed basis;

[F3 “coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);]

“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes a teacher training course leading to a first degree but excludes an employment-based teacher training scheme (within the meaning given by regulation 7(2));

“distance learning course” (“cwrs dysgu o bell”) means a course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—

(a)

for the purposes of registration, enrolment or examination, or

(b)

on a weekend or during a vacation;

“end-on course” (“cwrs penben”) means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a full-time relevant education course,

(b)

a full-time honours degree course which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a full-time relevant degree course,

(c)

a part-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a part-time relevant education course, or

(d)

a part-time honours degree course which, disregarding any intervening vacation, a student undertakes immediately after ceasing to undertake a part-time relevant degree course;

and in this definition—

“relevant degree course” (“cwrs gradd perthnasol”) means—

(a)

a foundation degree course, or

(b)

an ordinary degree course,

for which the student received or was entitled to receive support under these Regulations;

“relevant education course” (“cwrs addysg perthnasol”) means—

(a)

a course for the diploma of higher education,

(b)

a course for the Higher National Diploma or Higher National Certificate of—

(i)

the Business and Technology Education Council, or

(ii)

the Scottish Qualification Authority, or

(c)

a course for the certificate of Higher Education,

for which the student received or was entitled to receive support under these Regulations;

“fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015 M2 but this definition does not apply to Oxbridge college fees (see Schedule 5);

F4 ...

“member of the armed forces” (“aelod o'r lluoedd arfog”) means a member of the regular naval, military or air forces of the Crown;

“period of work experience” (“cyfnod o brofiad gwaith”) means—

(a)

a period of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;

(b)

a period during which a student is employed and residing in a country whose language is one that the student is studying for the student's present course (provided that the period of residence in that country is a requirement of the student's course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

[F1 “person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

[F5 (1)] (a) a 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) F6 ...

(iv) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired, or

[F7 (v) otherwise 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;

[F8 (2) In 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 during the transition period) 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.]]

“present course” (“cwrs presennol”) means the designated course in respect of which a person applies for support under regulation 32;

“prisoner” (“carcharor”) means a person who is serving a sentence of imprisonment in the United Kingdom including a person detained in a young offender institution (and “prison” is to be construed accordingly);

“publicly funded institution” (“sefydliad a gyllidir yn gyhoeddus”) means an institution in the United Kingdom maintained or assisted by recurrent grants out of funds provided by –

(a)

Parliament;

(b)

the Welsh Ministers;

(c)

the Scottish Ministers;

(d)

the Northern Ireland Executive,

or from funds attributable to such funds;

“qualified teacher” (“athro cymwysiedig neu athrawes gymwysiedig”) means a person who satisfies requirements specified in regulations under section 132 of the Education Act 2002 M3 ;

“quarter” (“chwarter”) means a period of the academic year—

(a)

beginning on 1 September and ending on 31 December;

(b)

beginning on 1 January and ending on 31 March;

(c)

beginning on 1 April and ending on 30 June;

(d)

beginning on 1 July and ending on 31 August;

[F1 “relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;]

[F1 “relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;]

“Research Council” (“Cyngor Ymchwil”) means any of the following research councils—

(a)

Arts and Humanities Research Council;

(b)

Biotechnology and Biological Sciences Research Council;

(c)

Economic and Social Research Council;

(d)

Engineering and Physical Sciences Research Council;

(e)

Medical Research Council;

(f)

Natural Environment Research Council;

(g)

Science and Technology Facilities Council;

[F1 “residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

“sandwich course” (“cwrs rhyngosod”) means a course—

(a)

which consists of alternate periods of full-time study in an institution and periods of work experience, and

(b)

where, taking the course as a whole, the student attends the periods of full-time study at the institution for an average of not less than 18 weeks in each year (and where days of full-time study alternate with days of work experience in any week, those days of study may be aggregated with each other and with any full weeks of full-time study in determining the number of weeks of full-time study in a year);

• for the purposes of paragraph (b) the course is to be treated as beginning with the first period of full-time study and ending with the last such period;

• but a course for the initial training of teachers is not a sandwich course;

• nor is an academic year of a designated course which is an Erasmus year to be treated as a sandwich course;

“statutory award” (“dyfarndal statudol”) means any award bestowed, grant paid, or other support provided, by virtue of the 1998 Act or the Education Act 1962, or any comparable award, grant, or other support, in respect of undertaking a course which is paid out of funds provided by a publicly funded institution;

“support” (“cymorth”), except where otherwise indicated, means financial support by way of grant or loan made by the Welsh Ministers under—

(a)

these Regulations, or

(b)

any other regulations made under section 22 of the 1998 Act;

[F1 “Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020.]

(2) The Welsh Ministers may determine that a course is a compressed degree course if the course—

(a) is a full-time designated course for a first degree (other than a foundation degree), and

(b) is of two academic years' duration.

[F9 (3) 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

F1 Words in Sch. 1 para. 6(1) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 128(a)

F2 Words in Sch. 1 para. 6(1) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 15

F3 Words in Sch. 1 para. 6(1) inserted (with application in accordance with reg. 1(2) of the amending S.I.) by The Education (Student Support) (Miscellaneous Amendments) (Wales) (No. 2) Regulations 2020 (S.I. 2020/708), regs. 1(2), 11

F4 Words in Sch. 1 para. 6 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 54(a)

F5 Words in Sch. 1 para. 6(1) renumbered (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 35(a)

F6 Words in Sch. 1 para. 6 omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/79), regs. 1(2), 54(b)

F7 Words in Sch. 1 para. 6(1) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 35(b)

F8 Words in Sch. 1 para. 6(1) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 35(c)

F9 Sch. 1 para. 6(3) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 128(b)

Marginal Citations

M1 S.I. 2011/1986, amended by S.I. 2012/1653, S.I. 2013/235, S.I. 2013/630, S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/1766, S.I. 2014/2103, S.I. 2014/2765, S.I. 2015/1951, S.I. 2016/211, S.I. 2016/270, S.I. 2016/584, S.I. 2017/52, S.I. 2017/114 and S.I. 2017/204.

M2 2015 anaw 1.

M3 2002 c.32; the regulations are the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999, S.I. 1999/2817, the Education (School Teachers' Qualifications) (England) Regulations 2003, S.I. 2003/1662, the School Teachers' Qualifications (Wales) Regulations 2012, S.I. 2012/724 and the Education Workforce Council (Accreditation of Initial Teacher Training) (Wales) Regulations 2017, S.I. 2017/165.