The Education (Fees and Awards) (Wales) Regulations 2007

Changes to legislation:

The Education (Fees and Awards) (Wales) Regulations 2007, Paragraph 9 is up to date with all changes known to be in force on or before 23 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to Schedule Paragraph 9:

Sch. para. 9C(1)(a)(iii) and word inserted by S.I. 2025/16 reg. 5(a)(iii)
Sch. para. 9C(3)(4) inserted by S.I. 2025/16 reg. 5(b)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. para. 9C(1)(a)(iii) and word inserted by S.I. 2025/16 reg. 5(a)(iii)
Sch. para. 9C(3)(4) inserted by S.I. 2025/16 reg. 5(b)

[F1EU nationals [F2etc.]]E+W

9.—(1) A person who —

(a)is either —

(i)an [F3EU national] on the first day of [F4an academic year] of the course; or

(ii)a family member of a such a person;

(b)is undertaking the course in the United Kingdom;

[F5(c)[F6subject to sub-paragraph (1A),] has been ordinarily resident in the territory comprising [F7the United Kingdom,] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and]

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in [F9paragraph (c )] been wholly or mainly for the purpose of receiving full-time education.

[F10(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)is—

(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii)an EU national; and

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.]

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the relevant territory in accordance with regulation 2(4).

[F11(3) Any description of person who would have fallen within this paragraph immediately before [F12IP] completion day is to be treated as falling within this paragraph on and after [F12IP] completion day.]