The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 and they come into force on 31 July 2015.

(2) These Regulations apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 31.7.2015, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations—

[F1 “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;]

“the 2004 Act” (“Deddf 2004”) means the Higher Education Act 2004(1);

“the 2015 Act” (“Deddf 2015”) means the Higher Education (Wales) Act 2015;

“the 2015 Regulations” (“Rheoliadau 2015”) means the Education (Student Support) (Wales) Regulations 2015(2);

[F2 “the 2017 Regulations” (“Rheoliadau 2017”) means the Education (Student Support) (Wales) Regulations 2017;]

[F2 “the 2018 Regulations” (“Rheoliadau 2018”) means the Education (Student Support) (Wales) Regulations 2018;]

“course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree;

“course of higher education” (“cwrs addysg uwch”) means a course falling within paragraph 1 of Schedule 6 to the Education Reform Act 1988(3);

“end-on course” (“cwrs penben”) has the meaning given in regulation 2(1) of the 2015 Regulations [F3 or regulation 2(1) of the 2017 Regulations];

“equivalent or lower qualification” (“cymhwyster cyfwerth neu is”) means a qualification determined by the Welsh Ministers in accordance with paragraph (2) to be an equivalent or lower qualification;

“preceding course” (“cwrs blaenorol”) means a course mentioned in paragraph 2 or 3 of Schedule 2 to the 2015 Regulations [F4 , a course mentioned in paragraph 2 or 3 of Schedule 2 to the 2017 Regulations] or a course for a foundation degree or a course for the initial training of teachers which (disregarding any intervening vacation) a person ceases to attend immediately before beginning to attend an end-on course;

[F1 “publicly-funded” (“yn cael ei gyllido’n gyhoeddus”) means maintained or assisted by recurrent grants out of public funds;]

“qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002(4); and

[F5 “single course” (“cwrs sengl”) means a course to which—

(a)

regulation 5(6) of the 2015 Regulations applies and which falls within the description of a course in that regulation;

(b)

regulation 5(6) of the 2017 Regulations applies and which falls within the description of a course in that regulation; or

(c)

regulation 6(4) of the 2018 Regulations applies and which falls within the description of a course in regulation 6(3) of the 2018 Regulations.]

(2) The Welsh Ministers may determine that a qualification is an equivalent or lower qualification if—

(a) the person holds a higher education qualification from an institution in the United Kingdom; and

(b) the qualification referred to in sub-paragraph (a) is of an academic level which is equivalent to or higher than a qualification to which the current course leads.

Textual Amendments

F1 Words in reg. 2(1) inserted (26.3.2016) by The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016 (S.I. 2016/276), regs. 1(1), 3

F2 Words in reg. 2(1) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 47(a)

F3 Words in reg. 2(1) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 47(b)

F4 Words in reg. 2(1) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 47(c)

F5 Words in reg. 2(1) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 47(d)

Commencement Information

I2 Reg. 2 in force at 31.7.2015, see reg. 1(1)

[F6 Prescribed description of a qualifying course E+W

3.— (1) Subject to paragraph (2), a qualifying course in relation to a 2004 Act plan for the purposes of the transitional period is:

(a) a course of higher education;

(b) designated for the purposes of section 22 of the 1998 Act on the first day of an academic year which begins on or after 1 September 2012; and

(c) provided by an institution in Wales.

(2) A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the institution providing it was not publicly-funded.

Textual Amendments

F6 Regs. 3-3B substituted for reg. 3 (26.3.2016) by The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016 (S.I. 2016/276), regs. 1(1), 4

3A.— (1) Subject to paragraph (2), a qualifying course for the purpose of a fee and access plan which is not a 2004 Act plan is a course of higher education capable of being designated by regulations made under section 22 of the 1998 Act (regardless of whether the institution providing the course is publicly-funded).

(2) Where a course is provided by a person on behalf of an institution, that course is not a qualifying course if that person is not a charity.

Textual Amendments

F6 Regs. 3-3B substituted for reg. 3 (26.3.2016) by The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016 (S.I. 2016/276), regs. 1(1), 4

3B.   For the purposes of regulations 3 and 3A, a course is not a qualifying course if:

(a) the first academic year of the course began before 1 September 2012;

(b) it is an end-on course and the preceding course was not a qualifying course by reason of paragraph (a); or

(c) it is a part-time course.]

Textual Amendments

F6 Regs. 3-3B substituted for reg. 3 (26.3.2016) by The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) (Amendment) Regulations 2016 (S.I. 2016/276), regs. 1(1), 4

Prescribed description of a qualifying person E+W

4.— [F7 (1) A qualifying person who is prescribed for the purposes of section 5(5) of the 2015 Act is a person who falls within [F8 a prescribed category] on the first day of an academic year, other than—

(a) a person who is not eligible for support under the 2015 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(b) a person who is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(c) a person who is not eligible for support under the 2018 Regulations because they are a person to whom Exception 3, paragraph (a), Exception 4, Exception 5 or Exception 6 listed in regulation 10(1) of those Regulations applies; or

(d) a person mentioned in paragraphs (2), (3), [F9 (3A)] or (8).]

(2) Subject to the exceptions in paragraphs (4), (5) (6) and (7), a person is not a qualifying person if—

(a) the person holds a higher education qualification; and

(b) the qualifying course leads to a qualification which is an equivalent or lower qualification.

(3) A person is not a qualifying person if—

(a) the person ceases a course (“the first course”) which is not a qualifying course;

(b) disregarding any intervening vacation, the person immediately attends another course which is a qualifying course; and

(c) the first course was not a qualifying course by reason of regulation 3(2).

[F10 (3A) A person is not a qualifying person in connection with a course which begins on or after 1 January 2028 if the only prescribed category into which the person falls is [F11 paragraph 8A, 9B or 9BA].]

(4) Paragraph (2) does not apply where—

(a) the qualifying course is a course for the initial training of teachers;

(b) the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and

(c) the qualifying person is not a qualified teacher.

(5) Paragraph (2) does not apply in respect of any part of a single course where—

(a) the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and

(b) the only honours degree held by the qualifying person was received as part of that single course.

(6) Paragraph (2) does not apply where the qualifying course is a foundation degree.

(7) Paragraph (2) does not apply where the qualifying course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect.

(8) Where an event occurs in the course of an academic year and as a result a person falls within [F12 a prescribed category] in the course of an academic year, that person is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.

[F13 (9) In this regulation, “prescribed category” means one of the categories described—

(a) in paragraph 2, 2A, 3, 4, 4A, 4B, [F14 4C,] 5, 6A, 7A, 8A, 9A, 9B, [F15 9BA,] 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or

(b) in paragraph 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (10) applies.

(10) This paragraph applies where—

(a) in connection with a qualifying course beginning before 1 August 2021, a person (“A”) was a qualifying person by virtue of falling within one of the categories of person described in paragraph 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021; and

(b) A is undertaking an academic year of that qualifying course or of a qualifying course to which A transfers from that course in accordance with regulations made under section 22 of the 1998 Act.]

Textual Amendments

F7 Reg. 4(1) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 48

F8 Words in reg. 4(1) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 31(a)(i) (with reg. 2)

F9 Word in reg. 4(1)(d) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 31(a)(ii) (with reg. 2)

F10 Reg. 4(3A) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 31(b) (with reg. 2)

F11 Words in reg. 4(3A) substituted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 12(a)

F12 Words in reg. 4(8) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 31(c) (with reg. 2)

F13 Reg. 4(9)(10) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 31(d) (with reg. 2)

F14 Word in reg. 4(9)(a) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 16

F15 Word in reg. 4(9)(a) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 12(b)

Commencement Information

I3 Reg. 4 in force at 31.7.2015, see reg. 1(1)

Supplementary provision E+W

5.—(1) The words “provided in Wales” in section 5(2)(b) of the 2015 Act have effect so as to include the preparation, in Wales, of the materials necessary to deliver a particular qualifying course, regardless of whether students are required to attend the institution providing the course.

(2) The words “provided in Wales” in section 17(1) of the 2015 Act have effect so as to include the preparation, in Wales, of the materials necessary to provide education, regardless of whether students are required to attend an institution to receive that education.

Commencement Information

I4 Reg. 5 in force at 31.7.2015, see reg. 1(1)

6.  For the purposes of paragraph 29(3) of the Schedule to the 2015 Act, a 2004 Act plan includes a proposed plan which HEFCW receives as relevant authority(5) under section 34 of the 2004 Act before 1 August 2015 but which is not approved by HEFCW until after that date following a review under regulations 11 to 18 of the Student Fees (Approved Plans) (Wales) Regulations 2011(6).

Commencement Information

I5 Reg. 6 in force at 31.7.2015, see reg. 1(1)

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers