PART 1GENERAL

Title, commencement and application1.

(1)

The title of these Regulations is the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017.

(2)

These Regulations come into force on 28 April 2017 and apply in relation to Wales.

(3)

These Regulations apply in relation to the provision of postgraduate master’s degree loans to students in relation to courses which begins on or after 1 August 2017 whether anything done under these Regulations is done before, on or after 1 August 2017.

Interpretation2.

(1)

In these Regulations, except where the context otherwise requires—

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

“academic authority” (“awdurdod academaidd”) 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;

“academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

“course” (“cwrs”) means, unless the context otherwise requires, a taught programme of study, a programme of research, or a combination of both, and which may include one or more periods of work experience, and which leads, on successful completion, to the award of a postgraduate master’s degree;

“designated course” (“cwrs dynodedig”), means a course designated by regulation 4(1) or by the Welsh Ministers under regulation 4(6);

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council3 on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“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 purpose of registration, enrolment or any examination; or

(b)

on a weekend or during any vacation;

“electronic signature” (“llofnod electronig”) is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible prisoner” (“carcharor cymwys”) means a prisoner—

(a)

who begins a designated course or on after 1 August 2017;

(b)

who has been authorised by the prison Governor or Director or other appropriate authority to study the designated course; and

(c)

whose earliest release date is within 4 years of the first day of the first academic year of the designated course;

“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 3;

“equivalent or higher qualification” (“cymhwyster cyfatebol neu uwch”) means a qualification determined in accordance with paragraph (2) to be an equivalent or higher qualification;

“EU national” (“gwladolyn UE”) means a national of a Member State of the EU;

“fees” (“ffioedd”) has the meaning given in section 41(1) of the Higher Education Act 20044;

“full-time equivalent” (“cwrs llawnamser cyfatebol”) means a full-time course leading to a postgraduate master’s degree in the same subject as the part-time course in question;

“healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 19685 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 19726;

“information” (“gwybodaeth”) includes documents;

“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

“period of eligibility” (“cyfnod cymwystra”) has the meaning given in regulation 5 in relation to an eligible student;

“periods of work experience” (“cyfnodau o brofiad gwaith”) means—

(a)

periods of industrial, professional or commercial experience associated with the designated course at an institution, but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s designated course (provided that the period of residence in that country is a requirement of that 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);

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“A” in this definition)—

(a)

who has—

  1. (i)

    applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee it is thought right to allow A to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

  2. (ii)

    not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave;

(b)

who has been granted leave to enter or to remain accordingly;

(c)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 20027); and

(d)

who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;

“postgraduate master’s degree loan” (“benthyciad at radd feistr ôl-raddedig”) means a loan payable to an eligible student under Part 4 of these Regulations;

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

“private institution” (“sefydliad preifat”) means an institution which is not publicly funded;

“public funds” (“cronfeydd cyhoeddus”) means moneys provided by Parliament including funds provided by the Welsh Ministers;

“publicly funded” (“a gyllidir yn gyhoeddus”, “cael ei gyllido’n gyhoeddus”) means maintained or assisted by recurrent grants out of public funds, and related expressions are to be interpreted accordingly;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 19518 as extended by the Protocol thereto which entered into force on 4 October 19679;

“right of permanent residence” (“hawl i breswylio’n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means the Education (Student Loans) Act 199010, the Education (Student Loans) (Northern Ireland) Order 199011, the Education (Scotland) Act 198012 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 199813 and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;
“student support regulations” (“rheoliadau cymorth i fyfyrwyr”) means the Education (Student Support) (Wales) Regulations 201714;

“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom and Islands; and

(b)

is, or has been, lawfully employed in the United Kingdom.

(2)

The Welsh Ministers may determine that a qualification is an equivalent or higher qualification if—

(a)

an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and

(b)

the qualification referred to in sub-paragraph (a) is a postgraduate master’s degree from an institution in the United Kingdom or is of an academic level which, in the opinion of the Welsh Ministers, is equivalent to or higher than a qualification to which the designated course leads.