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- Point in Time (30/07/2018)
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- Original (As made) - Welsh
Version Superseded: 25/04/2021
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There are currently no known outstanding effects for the The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015, Section 4.
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4.—[F1(1) A qualifying person who is prescribed for the purposes of section 5(5) of the 2015 Act is a person who falls within the Schedule 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), 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).
(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 the Schedule 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.
Textual Amendments
F1Reg. 4(1) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 48
Commencement Information
I1Reg. 4 in force at 31.7.2015, see reg. 1(1)
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