The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009

Made: 12 October 2009

Laid before the National Assembly for Wales: 14 October 2009

Coming into force: 5 November 2009

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998[^f00001], and now exercisable by them[^f00002] make the following Regulations:

PART 1 — GENERAL

Title, commencement and application

1

• (1) The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009.

• (2) These Regulations come into force on 5 November 2009 and apply in relation to Wales.

Interpretation

2

• (1) In these Regulations, except where the context otherwise requires—

• “the 1962 Act” (“Deddf 1962”) means the Education Act 1962[^f00003];

• “the 1998 Regulations” (“Rheoliadau 1998”) means the Education (Student Support) Regulations 1998[^f00004];

• “the 1999 Regulations” (“Rheoliadau 1999”) means the Education (Student Support) Regulations 1999[^f00005];

• “the 2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) Regulations 2000[^f00006];

• “the 2001 Regulations” (“Rheoliadau 2001”) means the Education (Student Support) Regulations 2001[^f00007];

• “the 2002 Regulations” (“Rheoliadau 2002”) means the Education (Student Support) Regulations 2002[^f00008];

• “the 2003 Regulations” (“Rheoliadau 2003”) means the Education (Student Support) (No. 2) Regulations 2002[^f00009] as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003[^f00010] and the Education (Student Fees and Support) (Switzerland) Regulations 2003[^f00011];

• “the 2004 Regulations” (“Rheoliadau 2004”) means the 2003 Regulations as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2004[^f00012], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004[^f00013], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004[^f00014], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004[^f00015], the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005[^f00016], the Education (Student Support) (Amendment) Regulations 2005[^f00017] and the Education (Student Support) (Amendment) (No.2) Regulations 2005[^f00018];

• “the 2005 Regulations” (“Rheoliadau 2005”) means the Education (Student Support) Regulations 2005[^f00019]);

• “the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006[^f00020]) as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2006[^f00021]);

• “the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007[^f00022]) as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2007[^f00023]), the Assembly Learning Grants and Loans (Higher Education) (Wales)(Amendment) (No.2) Regulations 2007[^f00024]) and the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) (No.3) Regulations 2007[^f00025]);

• “the 2008 Regulations” (“Rheoliadau 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008[^f00026] as amended by the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2008[^f00027] and the 2008 (No. 2) Regulations;

• “the 2008 (No. 2) Regulations” (“Rheoliadau (Rhif 2) 2008”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2008[^f00028];

• “2010 cohort student” (“myfyriwr carfan 2010”) means an eligible student who begins the present course on or after 1 September 2010, other than— a 2010 gap year student; an eligible student who started the present course on or after 1 September 2010 where that course is an end-on course following on from a course that— he or she started before 1 September 2010; or he or she started before 1 September 2011 and in relation to which he or she is a 2010 gap year student; or an eligible student who started the present course on or after 1 September 2010 having had his or her status as an eligible student transferred to that course as a result of one or more transfers of that status by the Welsh Ministers pursuant to regulations made under section 22 of the Act from a designated course which he or she began— before 1 September 2010; or before 1 September 2011 and in relation to which he or she is a 2010 gap year student;

• “2010 gap year student” (“myfyriwr blwyddyn i ffwrdd 2010 ”) has the meaning given in paragraph (13);

• “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;

• “accelerated course” (“cwrs carlam”) means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

• “the Act” (“y Ddeddf”) means the Teaching and Higher Education Act 1998;

• “borrower” (“benthyciwr”) means a person to whom a loan has been made;

• “bursary year” (“blwyddyn bwrsari”) means an academic year of a course— in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his or her income; or in relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his or her income;

• “college fee loan” (“benthyciad at ffioedd coleg”) means a loan for college fees payable to a qualifying student pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

• “compressed degree course” (“cwrs gradd cywasgedig”) means a course determined in accordance with paragraph (2) to be a compressed degree course;

• “compressed degree student” (“myfyriwr cwrs gradd cywasgedig”) means an eligible student who— is undertaking a compressed degree course in the United Kingdom ( the “course”); either— began the course on or after 1 September 2006 and is continuing on that course after 31 August 2010; or begins the course on or after 1 September 2010; and either— is required to be in attendance on the course for part of the academic year for which he or she is applying for support; or is a disabled student who is not required to be in attendance on the course because he or she is unable to attend because of a reason which relates to his or her disability;

• “contribution” (“cyfraniad”) means in relation to— an eligible student, the student’s contribution calculated pursuant to regulation 59 and Schedule 5; an eligible part-time student, the student’s contribution calculated pursuant to regulation 97 and Schedule 6;

• “course for the initial training of teachers” (“cwrs ar gyfer hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

• “designated course” (“cwrs dynodedig”) means a course designated by regulation 5 or by the Welsh Ministers under regulation 5;

• “designated distance learning course” (“cwrs dysgu o bell dynodedig”) means a course designated by the Welsh Ministers under regulation 70;

• “designated part-time course” (“cwrs rhan-amser dynodedig”) means a course designated by regulation 86 or by the Welsh Ministers under regulation 86;

• “designated postgraduate course” (“cwrs ôl-radd dynodedig”) means a course designated by regulation 110 or by the Welsh Ministers under regulation 110;

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004[^f00029] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “EC national” (“gwladolyn o'r GE”) means a national of a Member State of the European Community;

• “electronic signature” (“llofnod electronig”) is so much of anything in electronic form as— is incorporated into or otherwise logically associated with any electronic communication or electronic data; and 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 distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 68;

• “eligible part-time student” (“myfyriwr rhan-amser cymwys”) has the meaning given in regulation 85;

• “eligible postgraduate student” (“myfyriwr ôl-raddedig cymwys”) has the meaning given in regulation 109;

• “eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 4;

• “employment-based teacher training scheme” (“cynllun hyfforddi athrawon ar sail cyflogaeth”) means— a scheme established by the Welsh Ministers for the purpose of regulation 8 of the Education (School Teachers' Qualifications) (Wales) Regulations 2004[^f00030] whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a maintained school, an independent school or other institution except a pupil referral unit; or a scheme established by the Secretary of State whereby a person may undertake initial teacher training in order to obtain qualified teacher training status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit;

• “end-on course” (“cwrs penben”) means— a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No. 2) Regulations; a full-time honours degree course beginning on or after 1 September 2006 which, disregarding any intervening vacation, a student starts to attend immediately after ceasing to attend a full-time foundation degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2008 (No. 2) Regulations; a course for the initial training of teachers beginning before 1 September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

• “Erasmus year” (“blwyddyn Erasmus”) means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00031] and where the student’s course is a course referred to in regulation 5(1)(e) and all the periods of study during the academic year are at an institution outside the United Kingdom;

• “European Community” (“Y Gymuned Ewropeaidd”) means the territory comprised by the Member States of the European Community as constituted from time to time;

• “fees” (“ffioedd”) has the meaning given in section 28(1) of the Act except in references to college fees;

• “fee support” (“cymorth at ffioedd”) means grants in relation to fees pursuant to regulations made by the Welsh Ministers under section 22 of the Act and includes grants in relation to fees under Part 4;

• “flexible postgraduate ITT course” (“cwrs HCA hyblyg i ôl-raddedigion”) means a postgraduate course of initial teacher training, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools [^f00032] or the Higher Education Funding Council for Wales[^f00033] where the course— began before 1 September 2010; begins on or after 1 September 2010 where the student transfers to the present course pursuant to regulation 8 from a course for the initial training of teachers which began before 1 September 2010; or begins on or after 1 September 2010 but before 1 September 2011 and in relation to which the student is a 2010 gap year student;

• “former Metropolitan Police District” (“cyn Ardal yr Heddlu Metropolitanaidd”) means— Greater London, excluding the city of London, the Inner Temple and the Middle Temple; in the county of Essex, in the district of Epping Forest— the area of the former urban district of Chigwell, the parish of Waltham Abbey; in the county of Hertfordshire— in the borough of Broxbourne, the area of the former urban district of Cheshunt, the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and in the county of Surrey— in the borough of Elmbridge, the area of the former urban district of Esher, the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead;

• “gap year student” (“myfyriwr sy'n cymryd blwyddyn i ffwrdd”) has the meaning given in paragraph (3);

• “grant for disabled distance learning students' living costs” (“grant at gostau byw myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 75;

• “grant for disabled part-time students' living costs” (“grant at gostau byw myfyrwyr rhan-amser anabl”) means the grant payable under regulation 89;

• “grant for disabled students' living costs” (“grant at gostau byw myfyrwyr anabl”) means the grant payable under regulation 25;

• “grant for living costs” (“grant at gostau byw”) (without more) means a grant under any of the provisions of Part 5 of these Regulations;

• “healthcare bursary” (“bwrsari gofal iechyd”) means a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968[^f00034] or Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00035];

• “higher education course” (“cwrs addysg uwch”) means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

• “household income” (“incwm yr aelwyd”, “incwm aelwyd”, “incwm sydd gan yr aelwyd”) in relation to— an eligible student, has the meaning given in Schedule 5; an eligible part-time student, has the meaning given in Schedule 6;

• “information” (“gwybodaeth”) includes documents;

• “Institute” (“yr Athrofa”) means the University of London Institute in Paris[^f00036];

• “intensive course” (“cwrs dwys”) means an accelerated course or a compressed degree course;

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

• “loan” (“benthyciad”), except where otherwise indicated, means a loan pursuant to any regulations made by the Welsh Ministers under section 22 of the Act, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

• “loan for living costs” (“benthyciad at gostau byw”) means a loan for living costs pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

• “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;

• “new fee grant” (“grant newydd at ffioedd”) means a grant made by the Welsh Ministers under regulation 19;

• “new system eligible student” (“myfyriwr cymwys o dan y drefn newydd”) means an eligible student who— is not an old system eligible student; and either— started the present course on or after 1 September 2006 and is continuing on that course after 31 August 2010; or starts the present course on or after 1 September 2010;

• “old award” (“hen ddyfarniad”) is an award within the meaning of the Education (Mandatory Awards) Regulations 2003[^f00037];

• “old flexible postgraduate course for the initial training of teachers” (“hen gwrs ôl-radd hyblyg ar gyfer hyfforddiant cychwynnol i athrawon”) means a flexible postgraduate ITT course which a student started to attend, before 1 September 2008;