The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

Made: 4 April 2017

Laid before the National Assembly for Wales: 6 April 2017

Coming into force: 28 April 2017

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

PART 1 — GENERAL

Title, commencement and application

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

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

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

• (4) These Regulations do not apply to the provision of postgraduate master's degree loans to students in relation to courses which begin on or after 1 August 2019 unless regulation 2(3) of the Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019 applies to the course.

Interpretation

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

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

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

• “academic authority” (“awdurdod academaidd”) means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

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

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

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

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

• “distance learning course” (“cwrs dysgu o bell”) means a course in relation to which a student undertaking the course is not required to be in attendance by the institution providing the course, other than to satisfy any requirement imposed by the institution to attend any institution—for the purpose of registration, enrolment or any examination; oron a weekend or during any vacation;

• “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; 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” (“carcharor cymwys”) means a prisoner—who begins a designated course or on after 1 August 2017;who 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” (“myfyriwr cymwys”) has the meaning given in regulation 3;

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

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

• “fees” (“ffioedd”) has the meaning given in section 57(1) of the Higher Education (Wales) Act 2015 ;

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

• ...

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

• “immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

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

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

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

• “periods of work experience” (“cyfnodau o brofiad gwaith”) means—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 leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”) means a person with extant leave to remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—paragraphs 289B and 289D (victims of domestic violence);paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse);paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces);paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners);paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners);paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); orparagraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners);

• “person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) 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 Calais leave” (“person sydd â chaniatâd Calais”) means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

• “person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“A” in this definition)— who has— applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of ... discretionary leave, and who has been granted leave to enter or remain accordingly;not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly; been granted leave to remain on the grounds of family life under the immigration rules; been granted leave to remain on the grounds of private life under the immigration rules; orbeen informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private or family life under the immigration rules, A has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;

• “person with protected rights” (“person sydd â hawliau gwarchodedig”) 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; or otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or a 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.

• “person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who— has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules ; andhas been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

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

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

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

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

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

• “refugee” (“ffoadur”) means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as extended by the Protocol thereto which entered into force on 4 October 1967 ;

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

• “relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;

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

• ...

• “student loans legislation” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr”) means 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 the 1998 Act;

• “student support regulations” (“rheoliadau cymorth i fyfyrwyr”) means the Education (Student Support) (Wales) Regulations 2017 ;

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

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

• (2) The Welsh Ministers may determine that a qualification is an equivalent or higher qualification if—

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

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

• (3) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

• (a) Article 10 (personal scope) of the EU withdrawal agreement;

• (b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

• (c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

PART 2 — ELIGIBILITY

Eligible students

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• (1) An eligible student qualifies for a postgraduate master's degree loan in connection with a designated course subject to and in accordance with these Regulations.

• (2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if, in assessing that person’s application for a postgraduate master’s degree loan under regulation 9, the Welsh Ministers determine that the person falls within one of the categories set out—

• (a) in paragraph 2, 2A, 3, 4, 4ZA, 4ZB, 5, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 10A, 11A or 12A of Part 2 of Schedule 1; or

• (b) in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 where paragraph (2A) applies.

• (2A) This paragraph applies where—

• (a) in connection with a designated course, the Welsh Ministers—

• (i) in assessing an application for a postgraduate master’s degree loan by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 9, 10, 11 or 12 of Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1 August 2021; or

• (ii) would have so determined had A made an application for a postgraduate master’s degree loan in accordance with these Regulations in relation to an academic year of the course beginning before that date; and

• (b) A applies for a postgraduate master’s degree loan in connection with—

• (i) that course; or

• (ii) a designated course to which A’s status as an eligible student is transferred from that course in accordance with these Regulations.

• (3) A person (“A”) is not an eligible student if—

• (a) A has reached the age of 60 on the first day of the academic year in which the designated course starts;

• (b) A is in breach of any obligation to repay any loan;

• (c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;

• (d) A has, in the opinion of the Welsh Ministers, shown by A's conduct that A is unfitted to receive a postgraduate master's degree loan;

• (e) A is a prisoner, unless A is an eligible prisoner;

• (f) A is enrolled on a course which is a designated course under regulation 5 (designated courses), 66 (designated distance learning courses) or 83 (designated part-time courses) of the student support regulations and is receiving support under the student support regulations for that course;

• (g) A has already obtained an equivalent or higher qualification;

• (h) A is already enrolled on a designated course and is in receipt of a postgraduate master's degree loan under these Regulations for that course;

• (i) subject to paragraph (8), A has previously received a postgraduate master's degree loan under these Regulations;

• (j) there has been bestowed on or paid to A in relation to A undertaking the course—

• (i) a healthcare bursary;

• (ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 ;