15. The Education (Fees and Awards) (England) Regulations 2007(1) are amended as follows.
Commencement Information
I1Reg. 15 in force at 15.2.2022, see reg. 1(1)
16. In Schedule 1(2)—
(a)in paragraph 1(1)—
(i)after the definition of “person granted humanitarian protection”(3), insert—
““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;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
who has—
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(ii)in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
(aa)in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
(bb)in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
(cc)in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;
(b)in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
Commencement Information
I2Reg. 16 in force at 15.2.2022, see reg. 1(1)
17. The Education (Student Support) (European University Institute) Regulations 2010(4) are amended as follows.
Commencement Information
I3Reg. 17 in force at 15.2.2022, see reg. 1(1)
18.—(1) In regulation 9(11C)(5), in the opening words of sub-paragraph (a), and in sub-paragraph (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes, as that expression is defined in paragraph 1(1) of Schedule 1”.
(2) In Schedule 1—
(a)in paragraph 1(1)—
(i)after the definition of “Member State”, insert—
““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;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
who has—
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(ii)in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
(aa)in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
(bb)in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
(cc)in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”;
(b)in paragraph 5A and the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
Commencement Information
I4Reg. 18 in force at 15.2.2022, see reg. 1(1)
19. The Further Education Loans Regulations 2012(6) are amended as follows.
Commencement Information
I5Reg. 19 in force at 15.2.2022, see reg. 1(1)
20.—(1) In regulation 2(1)(7)—
(a)after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(8), insert—
““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;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
who has—
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(b)in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
(i)in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
(ii)in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
(iii)in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
(2) In regulation 3(8A)(a) and (b), for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
(3) In regulation 7(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
(4) In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
Commencement Information
I6Reg. 20 in force at 15.2.2022, see reg. 1(1)
21. In regulation 24, after paragraph (1) insert—
“(1A) A student must, if so required by the Secretary of State, repay any amount of a fee loan paid in respect of the student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.
(1B) An institution must, if so required by the Secretary of State, repay any amount of a fee loan paid to the institution in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.”.
Commencement Information
I7Reg. 21 in force at 15.2.2022, see reg. 1(1)
22. The Education (Postgraduate Master’s Degree Loans) Regulations 2016(9) are amended as follows.
Commencement Information
I8Reg. 22 in force at 15.2.2022, see reg. 1(1)
23.—(1) In regulation 2(1)(10)—
(a)after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(11), insert—
““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;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
who has—
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(b)in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
(i)in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
(ii)in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
(iii)in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
(2) In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
(3) In paragraph 5A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
Commencement Information
I9Reg. 23 in force at 15.2.2022, see reg. 1(1)
24. In regulation 17, after paragraph (2), insert—
“(2A) An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate master’s degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.
Commencement Information
I10Reg. 24 in force at 15.2.2022, see reg. 1(1)
25. The Higher Education (Fee Limit Condition) (England) Regulations 2017(12) are amended as follows.
Commencement Information
I11Reg. 25 in force at 15.2.2022, see reg. 1(1)
26.—(1) In regulation 2(13)—
(a)after paragraph (bba), insert—
“(bbaa)“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;
(bbab)“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(i)who has—
(aa)indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
(bb)indefinite leave to enter or remain in the United Kingdom, outside those rules. as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
(ii)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(b)in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
(i)in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
(ii)in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
(iii)in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
(2) In regulation 6(2)(m) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
(3) In paragraph 5F of the Schedule and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
Commencement Information
I12Reg. 26 in force at 15.2.2022, see reg. 1(1)
27. The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No 2) etc.) Regulations 2018(14) are amended as follows.
Commencement Information
I13Reg. 27 in force at 15.2.2022, see reg. 1(1)
28.—(1) In regulation 2(1)(15)—
(a)after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”(16), insert—
““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;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
who has—
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or
indefinite leave to enter or remain in the United Kingdom outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”.
(b)in the definition of “person granted leave under the Afghan Relocations and Assistance Scheme”—
(i)in the opening words and in paragraph (a)(ii) and (iii) after “Assistance” insert “Policy”;
(ii)in paragraph (a)(i) for “276BB1(iv)” substitute “276BB1(iii)(a)”;
(iii)in paragraph (a)(iv) for “276BJ1 or 276BO1” substitute “276BJ2 or 276BO2”.
(2) In regulation 8(n) for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
(3) In paragraph 6A of Schedule 1 and in the heading to that paragraph, for “the Afghan Relocations and Assistance Scheme” substitute “one of the Afghan Schemes”.
Commencement Information
I14Reg. 28 in force at 15.2.2022, see reg. 1(1)
29. In regulation 17, after paragraph (2), insert—
“(2A) An institution or third party must, if so required by the Secretary of State, repay any amount of a postgraduate doctoral degree loan paid to the institution or third party in respect of a student which for whatever reason exceeds the amount of loan to which the student is entitled.”.
Commencement Information
I15Reg. 29 in force at 15.2.2022, see reg. 1(1)
Each of the provisions amended by this regulation were inserted into S.I. 2007/779 by S.I. 2021/1348.
The definition of “person granted humanitarian protection” was inserted by S.I. 2011/87.
Each of the provisions amended by this regulation was inserted into S.I. 2010/447 by S.I. 2021/1348.
Each of the provisions amended by this regulation were inserted into S.I. 2012/1818 by S.I. 2021/1348.
The definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” was inserted by S.I. 2020/48.
Each of the provisions amended by this regulation were inserted into S.I. 2016/606 by S.I. 2021/1348.
The definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” was inserted by S.I. 2020/48.
Each of the provisions amended by this regulation were inserted into S.I. 2017/1189 by S.I. 2021/1348.
Each of the provisions amended by this regulation were inserted into S.I. 2018/599 by S.I. 2021/1348.
The definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” was inserted by S.I. 2020/48.