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The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

Type Welsh-Statutory-Instrument

Publication 2020-11-17

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 17 November 2020

Laid before Senedd Cymru: 18 November 2020

Coming into force in accordance with regulation 1(2) and (3)

now exercisable by them[^f00003] and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015[^f00004] make the following Regulations.

PART 1 — TITLE, COMMENCEMENT AND APPLICATION

Title, commencement and application

1

(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020.

(2) This regulation and regulation 2 come into force immediately before implementation period completion day.

(3) The remainder of these Regulations come into force on implementation period completion day.

(4) These Regulations apply in relation to Wales.

PART 2 — REVOCATION OF REGULATIONS

2

The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019[^f00005] and the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) (Amendment) (EU Exit) Regulations 2019[^f00006] are revoked.

PART 3 — AMENDMENT OF REGULATIONS

Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

3

The Education (Fees and Awards) (Wales) Regulations 2007[^f00007] are amended as follows.

Amendments to regulation 2

4

In regulation 2 (interpretation)—

(a) in paragraph (1), in the definition of “overseas territories”, after “French Southern and Antarctic Territories;” insert “Gibraltar;”;

(b) in paragraph (4)—

(i) for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

(d) in paragraph (6)—

(i) for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland and Turkey” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey”;

(e) in paragraph (7), after “an area” insert “other than the United Kingdom or Gibraltar”.

Amendments to the Schedule

5

(1) The Schedule is amended as follows.

(2) In paragraph 1—

(a) at the appropriate place insert—

“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[^f00008];

“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;

“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;

“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;

(b) omit the definition of “EC national”;

(d) in the definition of “family member”, for “EC national” substitute “EU national” in each place it occurs;

(e) for the definition of “right of permanent residence” substitute—

“right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

(3) In paragraph 3 (persons who are settled in the United Kingdom)—

(a) for sub-paragraph (a) substitute—

(a) who, on the first day of an academic year of the course, either— (i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or (ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(b) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom,”.

(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom,”.

(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(a) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(b) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom,”;

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)—

(i) in paragraph (b), after “right of residence” insert “before implementation period completion day”;

(ii) in paragraph (d), after “the territory comprising” insert “the United Kingdom,”;

(iii) in paragraph (e), after “the territory comprising” insert “the United Kingdom, Gibraltar,”;

(b) in sub-paragraph (2)—

(i) for “has a right” substitute “had the right” in each place it occurs;

(ii) for “goes” substitute “has gone”;

(3) For the purposes of this paragraph, 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.

(7) In paragraph 9 (EC nationals)—

(a) in the heading, for “EC nationals” substitute “EU nationals”;

(b) in sub-paragraph (1)—

(i) in paragraph (a)(i), for “EC national” substitute “EU national”;

(ii) in paragraph (c), after “the territory comprising” insert “the United Kingdom,”;

(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who— (a) is— (i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or (ii) an EU national; and (b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(d) after sub-paragraph (2) insert—

(3) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(8) In paragraph 10 (EC nationals)—

(a) in sub-paragraph (1)(a), for “an EC national other than a United Kingdom national” substitute “an EU national”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(9) For paragraph 11 (children of Swiss nationals) substitute—

(11) (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 the United Kingdom on the first day of the first academic year of the course; (c) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(10) In paragraph 12(c) (children of Turkish workers), after “the territory comprising” insert “the United Kingdom,”.

Amendments to the Education (European University Institute) (Wales) Regulations 2014

6

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Amendments to Schedule 1

7

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Amendments to Schedule 2

8

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Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

9

(1) The Schedule to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015[^f00010] is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1)—

(i) omit “other than the United Kingdom” in each place it occurs;

(ii) at the appropriate place insert—

“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;

“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;

“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;

(iii) in the definition of “overseas territories”, after “French Southern and Antarctic Territories;” insert “Gibraltar;”;

(iv) for the definition of “right of permanent residence” substitute—

“right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;

(b) in sub-paragraph (3)—

(i) for “the territory comprising the European Economic Area and Switzerland” substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

(ii) for “the territory comprising the European Economic Area, Switzerland and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

(iii) for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories” substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

(d) in sub-paragraph (5), after “an area” insert “other than the United Kingdom or Gibraltar”.

(3) In paragraph 3 (persons who are settled in the United Kingdom)—

(a) for sub-paragraph (a) substitute—

(a) on the first day of an academic year of the course either— (i) is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or (ii) falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;

(b) in sub-paragraph (d), after “the territory comprising” insert “the United Kingdom,”.

(4) In paragraph 6(1)(c) (workers, employed persons, self-employed persons and their family members), after “the territory comprising” insert “the United Kingdom,”.

(5) In paragraph 7 (workers, employed persons, self-employed persons and their family members)—

(a) sub-paragraphs (a), (b) and (c) are renumbered as sub-paragraph (1)(a), (b) and (c);

(b) in sub-paragraph (1)(b) as so renumbered, after “the territory comprising” insert “the United Kingdom,”;

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(6) In paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in sub-paragraph (1)(b), after “right of residence” insert “before implementation period completion day”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(d) in sub-paragraph (2)—

(i) in paragraph (a), for “has a right” substitute “had the right”;

(ii) in paragraph (b)—

(aa) for “has a right” substitute “had the right”;

(bb) for “goes” substitute “has gone”;

(e) after sub-paragraph (2) insert—

(3) For the purposes of this paragraph, 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.

(7) In paragraph 9 (EU nationals)—

(a) in sub-paragraph (1)(c), after “territory comprising” insert “the United Kingdom,”;

(b) for sub-paragraph (2) substitute—

(2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who— (a) is— (i) a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or (ii) an EU national; and (b) has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(4) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.

(8) In paragraph 10 (EU nationals)—

(a) in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

(b) in sub-paragraph (1)(d), after “the territory comprising” insert “the United Kingdom,”;

(9) For paragraph 11 (children of Swiss nationals) substitute—

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