The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

• (2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules ....

• (3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

• (a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

• (b) Article 17(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); or

• (c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Refugees and their family members

4

• (1) A person who—

• (a) is a refugee;

• (b) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and

• (c) is ordinarily resident in England on the course start date.

• (2) A person who—

• (a) is the spouse or civil partner of a refugee;

• (b) was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

• (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (d) is ordinarily resident in England on the course start date.

• (3) A person who—

• (a) is the child of a refugee or the child of the spouse or civil partner of a refugee;

• (b) on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

• (c) was under 18 on the date on which the refugee made the application for asylum;

• (d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (e) is ordinarily resident in England on the course start date.

Persons granted stateless leave and their family members

5

• (1) A person granted stateless leave who is ordinarily resident in England on the course start date.

• (2) A person—

• (a) who—

• (i) is the spouse or civil partner of a person granted stateless leave; and

• (ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave;

• (b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (c) who is ordinarily resident in England on the course start date.

• (3) A person—

• (a) who—

• (i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

• (ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

• (b) who was under 18 on the leave application date;

• (c) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (d) who is ordinarily resident in England on the course start date.

• (4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules ....

Persons granted humanitarian protection and their family members

6

• (1) A person granted humanitarian protection, who is ordinarily resident in England on the course start date.

• (2) A person who—

• (a) is the spouse or civil partner of a person granted humanitarian protection;

• (b) was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

• (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (d) is ordinarily resident in England on the course start date.

• (3) A person who—

• (a) is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

• (b) on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

• (c) was under 18 on the asylum application date;

• (d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (e) is ordinarily resident in England on the course start date.

Workers, employed persons, self-employed persons and their family members

7

• (1) A person who—

• (a) is—

• (i) an EEA migrant worker or an EEA self-employed person;

• (ii) a Swiss employed person or a Swiss self-employed person;

• (iii) a family member of a person mentioned in paragraph (i) or (ii);

• (iv) an EEA frontier worker or an EEA frontier self-employed person;

• (v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

• (vi) a family member of a person mentioned in paragraph (iv) or (v);

• (b) subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and

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

• (2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

8

• (1) A person who—

• (a) is ordinarily resident in England on the first day of the first academic year of the course;

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

• (c) is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers , as extended by the EEA Agreement.

• (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

9

• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

• (c) is ordinarily resident in the United Kingdom on the course start date;

• (d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (e) in a case where the person's ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

• (2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

• (3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

EU nationals

10

• (1) A person —

• (a) who is either—

• (i) an EU national on the first day of the first academic year of the course; or

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

• (b) who is attending or undertaking a designated course in England;

• (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5).

• (3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.

• (4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

11

• (1) A person who—

• (a) is an EU national ... on the first day of the first academic year of the course;

• (b) is ordinarily resident in England on the first day of the first academic year of the course;

• (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

• (d) in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving higher education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

• (2) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national ... on the first day of the first academic year of the course is treated as being satisfied.

Children of Swiss nationals

12

• (1) A person who—

• (a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

• (b) is ordinarily resident in England on the first day of the first academic year of the course;

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

• (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Children of Turkish workers

13

A person who—

• (a) is the child of a Turkish worker;

• (b) is ordinarily resident in England on the first day of the first academic year of the course; and

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Long Residence

14

• (1) A person—

• (a) who on the first day of the first academic year of the course either—

• (i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

• (ii) is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

• (aa) half their life; or

• (bb) a period of twenty years;

• (b) who is ordinarily resident in England on the first day of the first academic year of the course;

• (c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).

SCHEDULE 2 — INFORMATION

1

Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State considers the Secretary of State requires for the purposes of these Regulations.

2

An applicant or eligible student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—

• (a) they withdraw from or abandon their course;

• (b) they are expelled from their course;

• (c) they transfer to another course (whether at the same institution or not);

• (d) they are absent from their course for more than 60 days due to illness;

• (e) they are suspended from their course (whether at the applicant’s or student’s request or not);

• (f) the month for the start or completion of their course changes;

• (g) their home or term-time address or telephone number changes;

• (h) they become, or cease to be, a prisoner or an eligible prisoner;

• (i) they start, in connection with their course, to receive any allowance, bursary or award of similar description made by UKRI.

3

Information provided to the Secretary of State pursuant to these Regulations must be in the format that the Secretary of State requires and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

Signed

Sam Gyimah — Minister of State for Universities, Science, Research and Innovation — 2018-05-15

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1998 c.30; section 22 was amended by section 146(2) of, and Schedule 11 to, the Learning Skills Act 2000 (c.21), paragraph 236 of Part 2 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1), section 147(3) of the Finance Act 2003 (c.14), sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c.8), section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), section 76(1) and (2)(a) of the Education Act 2011 (c.21), S.I. 2013/1881, section 86(1) to (7) and section 88 (2) to (5) of the Higher Education and Research Act 2017 (c.29). Section 43(1) of the Teaching and Higher Education Act 1998 defines “prescribed” and “regulations”.

[^f00002]: 2008 c.10.

[^f00003]: S.I. 2016/606, amended by S.I. 2017/594, S.I. 2017/831, S.I. 2017/837, S.I. 2018/137.

[^f00004]: The Office for Students (OfS) was established as a body corporate under section 1 of the Higher Education and Research Act 2017 (c.29). SI 2018/245 makes consequential, transitional, transitory and saving provisions and Part 3 provides for the OfS to perform the statutory functions of the Higher Education Funding Council (HEFCE) for the period beginning with the 1st of April 2018 and ending with the 31st of July 2019 including, under regulations 2 and 4, HEFCE’s funding functions under section 65(1) to (4) of the Further and Higher Education Act 1992 (c.13). HEFCE used to administer grant funding, but ceased to exist on the 1st of April 2018 in accordance with section 81 of the Higher Education Research Act 2017 (c.29) which was commenced by S.I. 2018/241.

[^f00005]: Under section 65 of the Further and Higher Education Act 1992 (c.13) the Higher Education Funding Council for Wales (HEFCW) may provide grants to higher education institutions in Wales. Section 65 was amended by Schedule 11 to the Higher Education and Research Act 2017 (c. 29). HEFCW’s funding functions were unaffected.

[^f00006]: OJ No L158, 30.4.2004, p77-123.

[^f00007]: 2004 c.8; the definition of fees in section 41(1) was revoked by Schedule 11 to the Higher Education and Research Act 2017 (c.29), but saved by regulation 13 of S.I. 2018/245 for the period beginning with the 1st of April 2018 and ending with the 31st of July 2019.

[^f00008]: 1968 c.46; section 63 was amended by 1973 (c.32), 1977 (c.49), 1978 (c.29), 1985 (c.51), 1988 (c.49), 1994 (c.39), 1995 (c.17), 1997 (c.46), 1999 (c.8), 2001 (c.15), 2002 (c.17), 2003 (c.43), 2004 (c.31), 2006 (c.43), S.I. 1996/1008, S.I. 2002/2202, S.I. 2002/2469, S.I. 2004/288, S.I. 2004/957, S.I.2006/1056, S.I. 2007/961.

[^f00009]: S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations.

[^f00010]: 1971 c.77.

[^f00011]: 2002 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19), sections 9, 26 and Schedule 2 of the Immigration, Asylum and Nationality Act 2006 (c.13), S.R & O 2010/21, section 9 of the Immigration, Asylum and Nationality Act 2006 (c.13), Schedule 9(4) to the Immigration Act 2014 (c.22).

[^f00012]: S.I. 2009/470, amended by S.I. 2010/661, S.I. 2010/1010, S.I 2011/784, S.I. 2012/836, S.I. 2012/1309, S.I. 2013/388, S.I. 2013/591, S.I. 2013/607, S.I. 2013/1881, S.I. 2014/651, S.I. 2017/831, S.I. 2018/284.

[^f00013]: Cmnd. 9171.

[^f00014]: Cmnd. 3906 (out of print).

[^f00015]: Repealed by the Teaching and Higher Education Act 1998 (c.30), Schedule 4.

[^f00016]: S.I. 1990/1506 (N.I. 11); amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule, and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

[^f00017]: 1980 c.44.

[^f00018]: S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

[^f00019]: S.I. 2011/1986, amended by S.I. 2012/1653, S.I. 2013/235, S.I. 2013/630, S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/1766, S.I. 2014/2013, S.I. 2014/2765, S.I. 2015/1951, S.I. 2016/27, S.I. 2016/584, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443.

[^f00020]: Regulation 5 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2015/1951, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443. Regulation 139 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443; S.I. 2018/472.

[^f00021]: S.S.I 2007/151; relevant amending instruments are S.I. 2002/253, S.S.I. 2007/503, S.S.I. 2009/188, S.S.I. 2009/309, S.S.I. 2012/72, S.S.I. 2013/80, S.S.I 2016/82, S.S.I 2017/180.

[^f00022]: 2000 c.14; section 67(4)(a) was amended by Part 2 of Schedule 3 to the Regulation and Inspection of Social Care (Wales) Act 2016 anaw 2 (subject to savings and transitional provisions specified in S.R. & O 2017/309 articles 3 and 4 and Schedule 1).

[^f00023]: 1988 c.40; section 214(2) was amended by Schedule 8 of the Further and Higher Education Act 1992 (c.13) and section 53(2) to (4) of the Higher Education and Research Act 2017 (c.29).

[^f00024]: 1992 c.13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act 1998 (c.30). It was then amended by section 122 of the Higher Education and Research Act 2017 (c.29), subject to consequential, transitional, transitory and saving provisions made by S.I. 2018/245.

[^f00025]: The definition of “the 2016 Postgraduate Regulations” was inserted by S.I. 2017/831.

[^f00026]: The definition of “the 2017 Postgraduate Wales Regulations” was inserted by S.I. 2017/831.

[^f00027]: The definition of “the Authority” was amended by S.I. 2017/831.

[^f00028]: The definition of “borrower” was substituted by S.I. 2017/831.

[^f00029]: The definition of “loan purchaser” was amended by S.I. 2017/831.

[^f00030]: The definition of “postgraduate master’s degree loan” was inserted by S.I. 2017/831.

[^f00031]: The definition of “postgraduate master’s degree loan borrower” was inserted by S.I. 2017/831.

[^f00032]: The definition of “repayment” was amended by S.I. 2017/831.

[^f00033]: The definition of “repayment threshold” was inserted by S.I. 2011/784 and was subsequently substituted by S.I. 2012/1309 and then amended by S.I. 2017/831 and S.I. 2018/284.

[^f00034]: The definition of “student loan” was substituted by S.I. 2017/831.

[^f00035]: Paragraph (2) was inserted by S.I. 2012/1309 and was subsequently amended by S.I. 2013/607 and S.I. 2017/831.

[^f00036]: Regulation 4 was amended by S.I. 2017/831.

[^f00037]: Regulation 7(1) was amended by S.I. 2017/831.

[^f00038]: The definition of “postgraduate master’s degree loan” was inserted by S.I. 2017/831.

[^f00039]: The definition of “student loan” was amended by S.I. 2017/831.

[^f00040]: Paragraph (1) was amended by S.I. 2017/831.

[^f00041]: Paragraph (ZA) was inserted by S.I. 2017/831.

[^f00042]: Paragraph (2C) was substituted by S.I. 2017/831.

[^f00044]: Paragraph 1(a) was amended by S.I. 2017/831.

[^f00045]: Regulation 19 was amended by S.I. 2013/607, S.I. 2012/1309, S.I. 2017/831.

[^f00046]: Regulation 20 was amended by S.I. 2011/784, S.I. 2012/1309, S.I. 2013/607, S.I. 2017/831.

[^f00047]: Regulation 20A was inserted by S.I. 2017/831.

[^f00048]: Regulation 21B was inserted by S.I. 2017/831.

[^f00049]: Regulation 25(3) was amended by S.I. 2017/831.

[^f00050]: Regulation 27 was amended by S.I. 2017/831.

[^f00051]: The heading of regulation 28 was amended by S.I. 2017/831.

[^f00052]: Regulation 29 was amended by S.I. 2010/661, S.I. 2011/784, S.I. 2012/1309, S.I. 2013/607, S.I. 2014/651, S.I. 2017/831, S.I. 2018/284.

[^f00053]: Regulation 33 was amended by S.I. 2013/607, S.I. 2017/831.

[^f00054]: The definition of “combined amount” was amended by S.I. 2017/831.

[^f00055]: The heading of regulation 42 was amended by S.I. 2017/831.

[^f00056]: Regulation 43(2) was substituted by S.I. 2012/836 and then amended by S.I. 2013/607, S.I. 2017/831.

[^f00057]: Regulation 43A was inserted by S.I. 2012/836 and subsequently amended by S.I. 2013/607, S.I. 2017/831.

[^f00058]: Regulation 44 was amended by S.I. 2011/784, S.I. 2013/607, S.I. 2017/831.

[^f00059]: Regulation 50 was amended by S.I. 2012/836, S.I. 2017/831.

[^f00060]: Regulation 55 was amended by S.I. 2012/836, S.I. 2017/831.

[^f00061]: Regulation 56 was amended by S.I. 2012/836, S.I. 2017/831.

[^f00062]: Regulation 57(2) was amended by S.I. 2017/831.

[^f00063]: Regulation 59(9) was amended by S.I. 2017/831.

[^f00064]: Regulation 60(4)(a) was amended by S.I. 2017/831.

[^f00065]: Regulation 60(1)(2)(b) was amended by S.I. 2017/831.

[^f00066]: Regulation 67 was amended by S.I. 2012/836, S.I. 2017/831.

[^f00067]: Regulation 68(3) was amended by S.I. 2017/831.

[^f00068]: Regulation 73 was amended by S.I. 2017/831.

[^f00069]: Regulation 75 was amended by S.I. 2012/1309, S.I. 2017/831.

[^f00070]: The table in paragraph (1) was substituted by S.I. 2012/1309 and subsequently amended by S.I. 2017/831.The fourth table was inserted by S.I. 2018/284.

[^f00071]: Regulation 77(1)(b) was amended by S.I. 2017/831.

[^f00072]: The heading of regulation 80 was amended by S.I. 2017/831.

[^f00073]: Paragraph (2) was amended by S.I. 2017/831.

[^f00074]: Paragraph (3) was amended by S.I. 2017/831.

[^f00075]: Regulation 4(7A) was inserted by S.I. 2018/443.

[^f00076]: Regulation 3(3)(f) was amended by S.I. 2018/137.

[^f00077]: Regulation 5 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2015/1951, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443. Regulation 139 was amended by S.I. 2013/1728, S.I. 2013/ 3106, S.I. 2014/2765, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443; 2018/472.

[^f00078]: Paragraph (4A) was inserted by S.I. 2018/137.

[^f00079]: Regulation 10 was substituted by S.I. 2017/594.

[^f00080]: Regulation 12(3)(b) was amended by S.I. 2017/594.

[^f00081]: 1971 c.77; section 33(2A) was inserted by paragraph 7 to Schedule 4 to the British Nationality Act 1981 (c.61).

[^f00082]: Cm. 4904.

[^f00083]: OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).

Editorial notes

[^c22943811]: 1998 c.30; section 22 was amended by section 146(2) of, and Schedule 11 to, the Learning Skills Act 2000 (c.21), paragraph 236 of Part 2 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1), section 147(3) of the Finance Act 2003 (c.14), sections 42(1) and 43(2) and (3) of, and Schedule 7 to, the Higher Education Act 2004 (c.8), section 257(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), section 76(1) and (2)(a) of the Education Act 2011 (c.21), S.I. 2013/1881, section 86(1) to (7) and section 88 (2) to (5) of the Higher Education and Research Act 2017 (c.29). Section 43(1) of the Teaching and Higher Education Act 1998 defines “prescribed” and “regulations”.

[^c22943821]: 2008 c.10.

[^c22943831]: S.I. 2016/606, amended by S.I. 2017/594, S.I. 2017/831, S.I. 2017/837, S.I. 2018/137.

[^c22943851]: Under section 65 of the Further and Higher Education Act 1992 (c.13) the Higher Education Funding Council for Wales (HEFCW) may provide grants to higher education institutions in Wales. Section 65 was amended by Schedule 11 to the Higher Education and Research Act 2017 (c. 29). HEFCW's funding functions were unaffected.

[^c22943861]: OJ No L158, 30.4.2004, p77-123.

[^c22943871]: 2004 c.8; the definition of fees in section 41(1) was revoked by Schedule 11 to the Higher Education and Research Act 2017 (c.29), but saved by regulation 13 of S.I. 2018/245 for the period beginning with the 1st of April 2018 and ending with the 31st of July 2019.

[^c22943881]: 1968 c.46; section 63 was amended by 1973 (c.32), 1977 (c.49), 1978 (c.29), 1985 (c.51), 1988 (c.49), 1994 (c.39), 1995 (c.17), 1997 (c.46), 1999 (c.8), 2001 (c.15), 2002 (c.17), 2003 (c.43), 2004 (c.31), 2006 (c.43), S.I. 1996/1008, S.I. 2002/2202, S.I. 2002/2469, S.I. 2004/288, S.I. 2004/957, S.I.2006/1056, S.I. 2007/961.

[^c22943891]: S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations.

[^c22943911]: 2002 c.41; section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19), sections 9, 26 and Schedule 2 of the Immigration, Asylum and Nationality Act 2006 (c.13), S.R & O 2010/21, section 9 of the Immigration, Asylum and Nationality Act 2006 (c.13), Schedule 9(4) to the Immigration Act 2014 (c.22).

[^c22943921]: S.I. 2009/470, amended by S.I. 2010/661, S.I. 2010/1010, S.I 2011/784, S.I. 2012/836, S.I. 2012/1309, S.I. 2013/388, S.I. 2013/591, S.I. 2013/607, S.I. 2013/1881, S.I. 2014/651, S.I. 2017/831, S.I. 2018/284.

[^c22943931]: Cmnd. 9171.

[^c22943941]: Cmnd. 3906 (out of print).

[^c22943951]: Repealed by the Teaching and Higher Education Act 1998 (c.30), Schedule 4.

[^c22943961]: S.I. 1990/1506 (N.I. 11); amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule, and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306.

[^c22943971]: 1980 c.44.

[^c22943981]: S.I. 1998/1760 (N.I. 14), to which there have been amendments not relevant to these Regulations.

[^c22943991]: S.I. 2011/1986, amended by S.I. 2012/1653, S.I. 2013/235, S.I. 2013/630, S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/1766, S.I. 2014/2013, S.I. 2014/2765, S.I. 2015/1951, S.I. 2016/27, S.I. 2016/584, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443.

[^c22944001]: Regulation 5 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2015/1951, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443. Regulation 139 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443; S.I. 2018/472.

[^c22944031]: 1988 c.40; section 214(2) was amended by Schedule 8 of the Further and Higher Education Act 1992 (c.13) and section 53(2) to (4) of the Higher Education and Research Act 2017 (c.29).

[^c22944041]: 1992 c.13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act 1998 (c.30). It was then amended by section 122 of the Higher Education and Research Act 2017 (c.29), subject to consequential, transitional, transitory and saving provisions made by S.I. 2018/245.

[^c22944051]: The definition of “the 2016 Postgraduate Regulations” was inserted by S.I. 2017/831.

[^c22944061]: The definition of “the 2017 Postgraduate Wales Regulations” was inserted by S.I. 2017/831.

[^c22944071]: The definition of “the Authority” was amended by S.I. 2017/831.

[^c22944081]: The definition of “borrower” was substituted by S.I. 2017/831.

[^c22944091]: The definition of “loan purchaser” was amended by S.I. 2017/831.

[^c22944101]: The definition of “postgraduate master's degree loan” was inserted by S.I. 2017/831.

[^c22944111]: The definition of “postgraduate master's degree loan borrower” was inserted by S.I. 2017/831.

[^c22944121]: The definition of “repayment” was amended by S.I. 2017/831.

[^c22944131]: The definition of “repayment threshold” was inserted by S.I. 2011/784 and was subsequently substituted by S.I. 2012/1309 and then amended by S.I. 2017/831 and S.I. 2018/284.

[^c22944141]: The definition of “student loan” was substituted by S.I. 2017/831.

[^c22944151]: Paragraph (2) was inserted by S.I. 2012/1309 and was subsequently amended by S.I. 2013/607 and S.I. 2017/831.

[^c22944161]: Regulation 4 was amended by S.I. 2017/831.

[^c22944171]: Regulation 7(1) was amended by S.I. 2017/831.

[^c22944181]: The definition of “postgraduate master's degree loan” was inserted by S.I. 2017/831.

[^c22944191]: The definition of “student loan” was amended by S.I. 2017/831.

[^c22944201]: Paragraph (1) was amended by S.I. 2017/831.

[^c22944211]: Paragraph (ZA) was inserted by S.I. 2017/831.

[^c22944221]: Paragraph (2C) was substituted by S.I. 2017/831.

[^c22944241]: Paragraph 1(a) was amended by S.I. 2017/831.

[^c22944251]: Regulation 19 was amended by S.I. 2013/607, S.I. 2012/1309, S.I. 2017/831.

[^c22944261]: Regulation 20 was amended by S.I. 2011/784, S.I. 2012/1309, S.I. 2013/607, S.I. 2017/831.

[^c22944271]: Regulation 20A was inserted by S.I. 2017/831.

[^c22944281]: Regulation 21B was inserted by S.I. 2017/831.

[^c22944291]: Regulation 25(3) was amended by S.I. 2017/831.

[^c22944301]: Regulation 27 was amended by S.I. 2017/831.

[^c22944311]: The heading of regulation 28 was amended by S.I. 2017/831.

[^c22944321]: Regulation 29 was amended by S.I. 2010/661, S.I. 2011/784, S.I. 2012/1309, S.I. 2013/607, S.I. 2014/651, S.I. 2017/831, S.I. 2018/284.

[^c22944331]: Regulation 33 was amended by S.I. 2013/607, S.I. 2017/831.

[^c22944341]: The definition of “combined amount” was amended by S.I. 2017/831.

[^c22944351]: The heading of regulation 42 was amended by S.I. 2017/831.

[^c22944361]: Regulation 43(2) was substituted by S.I. 2012/836 and then amended by S.I. 2013/607, S.I. 2017/831.

[^c22944371]: Regulation 43A was inserted by S.I. 2012/836 and subsequently amended by S.I. 2013/607, S.I. 2017/831.

[^c22944381]: Regulation 44 was amended by S.I. 2011/784, S.I. 2013/607, S.I. 2017/831.

[^c22944391]: Regulation 50 was amended by S.I. 2012/836, S.I. 2017/831.

[^c22944401]: Regulation 55 was amended by S.I. 2012/836, S.I. 2017/831.

[^c22944411]: Regulation 56 was amended by S.I. 2012/836, S.I. 2017/831.

[^c22944421]: Regulation 57(2) was amended by S.I. 2017/831.

[^c22944431]: Regulation 59(9) was amended by S.I. 2017/831.

[^c22944441]: Regulation 60(4)(a) was amended by S.I. 2017/831.

[^c22944451]: Regulation 60(1)(2)(b) was amended by S.I. 2017/831.

[^c22944461]: Regulation 67 was amended by S.I. 2012/836, S.I. 2017/831.

[^c22944471]: Regulation 68(3) was amended by S.I. 2017/831.

[^c22944481]: Regulation 73 was amended by S.I. 2017/831.

[^c22944491]: Regulation 75 was amended by S.I. 2012/1309, S.I. 2017/831.

[^c22944501]: The table in paragraph (1) was substituted by S.I. 2012/1309 and subsequently amended by S.I. 2017/831.The fourth table was inserted by S.I. 2018/284.

[^c22944511]: Regulation 77(1)(b) was amended by S.I. 2017/831.

[^c22944521]: The heading of regulation 80 was amended by S.I. 2017/831.

[^c22944531]: Paragraph (2) was amended by S.I. 2017/831.

[^c22944541]: Paragraph (3) was amended by S.I. 2017/831.

[^c22944551]: Regulation 4(7A) was inserted by S.I. 2018/443.

[^c22944561]: Regulation 3(3)(f) was amended by S.I. 2018/137.

[^c22944571]: Regulation 5 was amended by S.I. 2013/1728, S.I. 2013/3106, S.I. 2014/2765, S.I. 2015/1951, S.I. 2017/114, S.I. 2018/136, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443. Regulation 139 was amended by S.I. 2013/1728, S.I. 2013/ 3106, S.I. 2014/2765, S.I. 2018/137, S.I. 2018/434, S.I. 2018/443; 2018/472.

[^c22944581]: Paragraph (4A) was inserted by S.I. 2018/137.

[^c22944591]: Regulation 10 was substituted by S.I. 2017/594.

[^c22944601]: Regulation 12(3)(b) was amended by S.I. 2017/594.

[^c22944611]: 1971 c.77; section 33(2A) was inserted by paragraph 7 to Schedule 4 to the British Nationality Act 1981 (c.61).

[^c22944621]: Cm. 4904.

[^c22944631]: OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).

[^key-aedda0a0e277fb5ee28b6e517d88153c]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(a) (with reg. 1(2)(5))

[^key-fafd06f208c59d67d57aeeea4d410ba2]: Words in reg. 2(1) omitted (21.2.2019) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(b) (with reg. 1(2)(5))

[^key-f55322a85b37c342c5ef7e96d730f5a0]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(c) (with reg. 1(2)(5))

[^key-5a113a35b83d135eb295d7f23ad9c23d]: Words in reg. 2(1) substituted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(d) (with reg. 1(2)(5))

[^key-782e9b8c42278a6f8fb80216c1b18919]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(e) (with reg. 1(2)(5))

[^key-3f8c3e96b2f18794e909f2e8eb13798b]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(f) (with reg. 1(2)(5))

[^key-de716bbbc65db8c40d5b3fdec96b23b4]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(g) (with reg. 1(2)(5))

[^key-233cb0a1246d6b41aae84ca9971d28e3]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(h) (with reg. 1(2)(5))

[^key-a6707c2de96a1dea79dfcd657203f655]: Words in reg. 2(1) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 48(i) (with reg. 1(2)(5))

[^key-d263f914229919991d42570ff0728268]: Reg. 4(3A) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(5) (with reg. 1(2)(5))

[^key-4d7c70b3cc8f0673e0ccca98d3195e0f]: Reg. 4(1)(b) substituted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(2) (with reg. 1(2)(5))

[^key-d24a428fe026ceff3383c955cda4933b]: Words in reg. 4(1)(d) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(3) (with reg. 1(2)(5))

[^key-5ff10436a501fd63d5fcfbc515493d9d]: Words in reg. 4(2)(e) inserted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(4) (with reg. 1(2)(5))

[^key-085897ebd725cc1c7c630a76d4b85cbf]: Words in reg. 4(6) substituted (21.2.2019) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 49(6) (with reg. 1(2)(5))

[^key-202068b39c526462a78b135488074593]: Sch. 1 para. 5B inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(7)(c)

[^key-d7e7ad8e07ecd9a82356fb5b8f1c0efe]: Words in reg. 2(1) inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(7)(a)

[^key-8fe6ddc229dc540c757657632d31f158]: Words in reg. 2(1) inserted (13.2.2020) (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(7)(a)

[^key-6adcf05454934cec43a1988b4faf730d]: Words in reg. 2(1) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(a)(i)

[^key-58720c9b4b18012b741cd1ae6e3feade]: Reg. 2(1A) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(a)(ii)

[^key-55b342826c61644e0fd9e6b4008fb451]: Reg. 3(3)(k) substituted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 13(3)

[^key-37640280a3486bd3aa9fe286e6fd16fe]: Reg. 3(3)(k)(iv) inserted (13.2.2020) (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 16(a)

[^key-b3467dc876434039fefd0ba6a482cfe4]: Reg. 3(3)(za) inserted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 12(2)(a)(i)

[^key-c2f8efdd94d4cde5c7eb5df06c354bae]: Reg. 3(3A) inserted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 12(2)(a)(ii)

[^key-569987e0897e1a88ad2df7ec77f15a47]: Reg. 3(11) inserted (13.2.2020) (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 16(b)

[^key-39cc4abfacdf676ccb32bc8994bad79b]: Reg. 4(2A) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(b)(i)

[^key-edf874c3d945aabfec2fec3e56d8caab]: Reg. 4(3ZA) inserted (13.2.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 12(2)(b)(ii)

[^key-ce5955d2207b3cf703593d26df569c44]: Words in reg. 4(5) inserted (13.2.2020) (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(3)(b)(ii)

[^key-6a9582b1f3ce0df15df0936dcc3f69a2]: Sch. 1 para. 5D inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 17(4)

[^key-2dc91b14e826a1d16a3025fd98f773c5]: Sch. 1 para. 5A substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 24(3)

[^key-76c0296ed6d8883c63ac8dea5fd6d011]: Sch. 1 para. 5C substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 24(4)

[^key-f372b6ab6c41d548ba712782167a1c3a]: Words in reg. 2(1) inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 17(2)

[^key-2e673c2fc0d6ee6d70370fb62b4e454d]: Reg. 4(1)(a) substituted (26.11.2020) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 28(a)