Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Education (Fees and Awards) (Wales) Regulations 2007

Type Welsh-Statutory-Instrument

Publication 2007-08-04

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 4 August 2007

Laid before the National Assembly for Wales: 7 August 2007

Coming into force: 31 August 2007

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State and now vested[^f00001] in them by sections 1 and 2 of the Education (Fees and Awards) Act 1983[^f00002], make the following Regulations:

Title, commencement and application

1

(1) The title of these Regulations is the Education (Fees and Awards) (Wales) Regulations 2007.

(2) These Regulations come into force on 31 August 2007 and apply in relation to Wales.

Interpretation

2

(1) In these Regulations—

“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;

“award” (“dyfarniad”) means a fees award or a maintenance award or both;

“education” (“addysg”) includes post-graduate research otherwise than in the course of employment;

“employment” (“cyflogaeth”) means full-time or part-time employment;

“European Union” means the territory comprised by the Member States of the European Union as constituted from time to time;

“European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

“fees award” (“dyfarniad ffioedd”) means an award in respect only of any fees payable other than any element of those fees which is a charge for maintenance;

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

“maintenance award” (“dyfarniad cynnal”) means any award other than a fees award;

“overseas territories” (“tiriogaethau tramor”) means Anguilla; ... Bermuda, British Antarctic Territory; British Indian Ocean Territory; ... Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia, French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and South Sandwich Islands; St-Barthélemy; St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands ; Virgin Islands; and Wallis and Futuna;

“post-compulsory education award” (“dyfarniad addysg ôl-orfodol”) means a scholarship, exhibition, bursary or other allowance granted by a local education authority under the Local Education Authority (Post-Compulsory Education Awards)(Wales) Regulations 2002[^f00005];

“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; ... Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; Turks and Caicos Islands; and Virgin Islands;

(2) Despite section 11 of the Interpretation Act 1978[^f00006] section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) will not apply for the purposes of interpreting these Regulations.

(3) For the purposes of these Regulations, “parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

(4) For the purposes of these Regulations, a person is to be treated as ordinarily resident in Wales, Great Britain, the United Kingdom, the United Kingdom and the Islands , in the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories , the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories if he or she would have been so resident but for the fact that—

(a) he or she;

(b) his or her spouse or civil partner;

(d) in the case of a dependent direct relative in the ascending line, his or her child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(5) For the purposes of paragraph (4), temporary employment includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces.

(6) For the purposes of regulations 6,7 and 8, a person is to be treated as ordinarily resident in Wales, Great Britain, the United Kingdom, the United Kingdom and the Islands , in the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories , the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey if he or she would have been so resident but for the fact that—

(a) he or she;

(b) his or her spouse or civil partner;

(d) in the case of a dependent direct relative in the ascending line, his or her child or child’s spouse or civil partner,

was temporarily receiving full-time education outside the area in question.

(7) For the purposes of these Regulations an area other than the United Kingdom or Gibraltar which—

(a) was previously not part of the European Union or the European Economic Area; but

(b) at any time before or after these Regulations come into force has become part of one or the other or both of these areas,

is to be considered to have always been a part of the European Economic Area.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lawful acts

3

(1) If discrimination arises from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise), nothing in these Regulations is to be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.

(2) If discrimination arises from any rule of eligibility for an award, nothing in these Regulations is to be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.

Fee charging

4

(1) Subject to paragraph (1B), it is lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or

(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (1A) applies,

than in the case of a person who does fall within any of those paragraphs.

(1A) This paragraph applies where—

(a) in connection with a course beginning before 1 August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of the course beginning before 1 August 2021; and

(b) A is liable for fees in connection with—

(i) that course, or

(ii) a course provided by an institution mentioned in paragraph (3) to which A transfers from that course in accordance with regulations made under section 22 of the Teaching and Higher Education Act 1998.

(1B) In relation to a course beginning on or after 1 January 2028, paragraph (1) has effect as if paragraphs 8A, 9B, 9BA and 9E are omitted from paragraph (1)(a).

(2) For the purposes of this regulation a person falls within a paragraph of the Schedule if they fall within it—

(a) on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or

(b) otherwise, on the first day of an academic year.

(3) The institutions mentioned in this paragraph are institutions—

(a) within the higher education sector, including a constituent college, school or hall of such an institution;

(b) within the further education sector;

(d) which provide further education and are maintained by a local education authority.

(4) This regulation does not make lawful the charging of a fee which is unlawful by reason of section 10 of the Higher Education (Wales) Act 2015.

Awards by local education authorities

5

(1) Subject to paragraph (4), it shall be lawful for a local education authority to adopt rules of eligibility for awards under sections 1(6) or 2 of the Education Act 1962[^f00008] or for post-compulsory education awards which—

(a) do not take account of regulation 2(4);

(b) confine eligibility in the case of fees awards to those persons who fall within any of—

(i) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or

(ii) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (2) applies;

(i) paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9B, 9BA, 10A, 11A or 12A of the Schedule, or

(ii) paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule where paragraph (3) applies.

(2) This paragraph applies—

(a) where, in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and

(b) where A’s eligibility for an award is being assessed in relation to that course.

(3) This paragraph applies—

(a) where in connection with a course beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 or 12 of the Schedule in relation to an academic year of that course beginning before 1 August 2021, and

(b) where A’s eligibility for an award is being assessed in relation to that course.

(4) In relation to a course beginning on or after 1 January 2028 paragraph (1) has effect as if paragraphs 8A, 9B, 9BA and 9E are omitted from paragraphs (1)(b)(i) and 1(c)(i).

Payments by the Training and Development Agency for Schools and HEFCW

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments by HEFCW

7

(1) Paragraph (2) applies where HEFCW makes grants, loans or other payments under section 65 of the Further and Higher Education Act 1992 to an institution for the purpose of training students (other than by a course leading to a first degree) to teach persons over compulsory school age.

(2) Subject to paragraph (5), it is lawful for HEFCW to adopt rules of eligibility for awards to be made to the students which confine eligibility to those persons who fall within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or

(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.

(3) Subject to paragraph (5), it is lawful for an institution to which HEFCW pays grants, loans or other payments for the purpose described in paragraph (1) to adopt rules of eligibility for awards which confine eligibility to those persons who fall within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or

(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (4) applies.

(4) This paragraph applies—

(a) where, in connection with training beginning before 1 August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021, and

(b) where A’s eligibility for an award is being assessed in relation to that training.

(5) In relation to training beginning on or after 1 January 2028, paragraphs (2) and (3) have effect as if paragraphs 8A, 9B, 9BA and 9E are omitted from paragraphs (2)(a) and (3)(a).

(6) In paragraph (1), “compulsory school age” has the meaning given in section 8 of the Education Act 1996.

Payments by the Welsh Ministers

8

(1) Subject to paragraph (4), it is lawful for the Welsh Ministers to adopt rules of eligibility for awards by an institution to which they make grants, loans or other payments under section 34 of the Learning and Skills Act 2000 which confine eligibility to those persons who fall within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or

(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (3) applies.

(2) Subject to paragraph (4), it is lawful for an institution to which the Welsh Ministers pay grants, loans or other payments under section 34 of the Learning and Skills Act 2000 to adopt rules of eligibility for awards which confine eligibility to those persons who fall within any of—

(a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule, or

(b) paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (3) applies.

(3) This paragraph applies—

(a) where a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021, and

(b) where A’s eligibility for an award is being assessed.

(4) In relation to an award made on or after 1 January 2028, paragraphs (1) and (2) have effect as if paragraphs 8A, 9B, 9BA and 9E are omitted from paragraphs (1)(a) and (2)(a).

Revocation

9

(1) The following Regulations are revoked in relation to Wales—

(a) The Education (Fees and Awards) Regulations 1997[^f00010];

(b) The Education (Student Fees and Support) (Switzerland) Regulations 2003[^f00011];

(d) The Education (Fees and Awards) (Amendment) (Wales) Regulations 2006[^f00013].

SCHEDULE

1

For the purposes of this Schedule —

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

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004[^f00014] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“EEA frontier self-employed person” (“person hunangyflogedig ffin yr AEE”) means an EEA national who —is a self-employed person in the United Kingdom; andresides in Switzerland or the territory of an EEA State ... and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA frontier worker” (“gweithiwr ffin yr AEE”) means an EEA national who—is a worker in United Kingdom; andresides in Switzerland or the territory of an EEA State ... and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA migrant worker” (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn o'r AEE”) means a national of an EEA State ...;

“EEA self-employed person” (“person hunangyflogedig AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“EEA State” (“Gwladwriaeth AEE”) means a Member State of the European Economic Area;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.