The Education (Postgraduate Master’s Degree Loans) Regulations 2016

Made: 24th May 2016

Laid before Parliament: 26th May 2016

Coming into force: 16th June 2016

The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 22 and 42(6) of the Teaching and Higher Education Act 1998 :

Citation, commencement, extent and application

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• (1) These Regulations may be cited as the Education (Postgraduate Master's Degree Loans) Regulations 2016 and come into force on 16th June 2016.

• (2) Subject to paragraph (4), these Regulations apply in relation to England only.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) These Regulations extend to all of the United Kingdom in so far as they impose any obligation or confer any power ... on any ... person in relation to the retention or production of information or records.

• (5) These Regulations apply in relation to the provision of a loan to students in relation to a postgraduate master's degree course which begins on or after 1st August 2016 whether anything done under these Regulations is done before, on or after 1st August 2016.

PART 1

CHAPTER 1

Interpretation

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• (1) For the purposes of Part 1—

• “the 1998 Act” means the Teaching and Higher Education Act 1998;

• “the 2017 Act” means the Higher Education and Research Act 2017;

• “the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic authority” 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” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st 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 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

• “authority-funded” means—...in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Council for Wales before 1st August 2024 or the Commission for Tertiary Education and Research on or after 1st August 2024;in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; andin relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department for the Economy in Northern Ireland or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• “course” means 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;

• “the course start date” means the day on which the first term of the first academic year of a course actually begins;

• “designated course” means a course designated under regulation 4 or by the Secretary of State under regulation 4(6);

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “distance learning course” means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where “required to be in attendance” is not satisfied by a requirement imposed by the institution to attend any institution—for the purposes of registration or enrolment or any examination;on a weekend or during any vacation; oron an occasional basis during the week;

• “electronic signature” is so much of anything in electronic form as—is incorporated into or otherwise logically associated with any electronic communication or electronic data; andpurports 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” means a prisoner—who begins a designated course on or after 1st August 2017;who is serving a sentence of imprisonment in the United Kingdom;has been authorised by the prison Governor or Director or other appropriate authority to study the designated course; andwhose earliest release date is within 4 years of the first day of the first academic year of the designated course.

• “eligible student” has the meaning given in regulation 3;

• “English higher education provider” has the meaning given by section 83(1) of the 2017 Act;

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

• “EU national” means a national of a Member State of the EU;

• “fees” has the meaning given in section 85(2) of the 2017 Act;

• “full-time equivalent” 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” means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968 or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;

• “immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

• “information” includes documents;

• “institution” in relation to England includes an English higher education provider;

• “Islands” means the Channel Islands and the Isle of Man;

• “Northern Irish designated master’s degree course” has the meaning given in paragraph (1A);

• “OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;

• “period of eligibility” has the meaning given in regulation 5 in relation to an eligible student;

• “periods of work experience” means—periods of industrial, professional or commercial experience associated with the designated course at an institution, but at a place outside that institution;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 granted Calais leave” means a person who—has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules ...; andhas been ordinarily resident in the United Kingdom and Islands since the person was granted such leave to remain;

• “person granted humanitarian protection” means a person—who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules ...;whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002 ; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

• “person granted indefinite leave to remain leave to enter or remain as a bereaved partner” means a person—granted indefinite leave to remain leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules ...— paragraph BP 11.1 of Appendix Bereaved Partner under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules; or where such leave was granted before the coming into force of Appendix Bereaved Partner , under any of the following provisions of the immigration rules —paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); orparagraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997; andwho has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules ...— paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “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 one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family 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 ..., on the basis of the Afghan Citizens Resettlement Scheme; and ...who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—who has —indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the immigration rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules; indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules; leave to enter the United Kingdom in the basis of the Afghan Relocations and Assistance Policy Scheme; or indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; and ...who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—who has leave to enter or remain in the United Kingdom—under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules; oroutside the immigration rules where the person—was residing in Ukraine immediately before 1st January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Extension Scheme” means a person—who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules , as it had effect on the day such leave was granted; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Family Scheme” means a person—who has leave to enter or remain in the United Kingdom—under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules , as it had effect on the day such leave was granted; oroutside the immigration rules where the person—was residing in Ukraine immediately before 1st January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted leave under the Ukraine Permission Extension Scheme” means a person—who has leave to remain in the United Kingdom under paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “person granted section 67 leave” means a person who—has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; andhas been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• “person granted stateless leave” means a person who—has extant leave to remain as a stateless person under the immigration rules ...; andhas been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.

• “person with protected rights” means— a person within the personal scope of the citizens’ rights provisions who—has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;...is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; orotherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; ora family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means— Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement; Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); orArticle 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

• “postgraduate master's degree loan” means a loan made by the Secretary of State pursuant to these Regulations, and includes the interest accrued on the loan, and any penalties or charges incurred in connection with it, except for any interest, penalties or charges payable under Part 3 or 4 of the Education (Student Loans) (Repayment) Regulations 2009;

• “prisoner” includes a person detained in a young offender institution;

• “private institution” means an institution which is not publicly funded;

• “public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom;

• “publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

• “refugee” 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 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;

• “register” means the register established and maintained by the OfS under section 3 of the 2017 Act;

• “ registered provider” in relation to an institution means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;

• “relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

• “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

• “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• ...

• “Scottish designated master’s degree course” has the meaning given in paragraph (1A);

• “student loans legislation” means the student support regulations, the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made under that Order or the 1998 Act and regulations made under that Act;

• “student support regulations” means the Education (Student Support) Regulations 2011 ;

• “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “Turkish worker” means a Turkish national who—is ordinarily resident in the United Kingdom and Islands; andis, or has been, lawfully employed in the United Kingdom;

• “Welsh designated master’s degree course” has the meaning given in paragraph (1A).

• (1A) In these Regulations—