The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021

In Schedule 2, omit paragraphs 3 (persons granted stateless leave and their family members) and 5 (persons with section 67 leave to remain).

187

In Schedule 2, in paragraph 6 (category 6 – workers, employed persons, self-employed persons and their family members)—

• (a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

• (b) in sub-paragraph (2)—

• (i) in paragraph (b), at the end omit “and”;

• (ii) in paragraph (c), for the words from “, as extended” to the end substitute “(“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day, and”;

• (iii) after paragraph (c) insert—

(d) for the purposes of paragraph (c), in Article 10 of the Workers Regulation the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.

• (c) in sub-paragraph (2A), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”;

• (d) in sub-paragraph (3)—

• (i) in the opening words, after “In sub-paragraph (1)” insert “and sub-paragraph (1) of paragraph 6A”;

• (ii) in the definition of “family member”, in paragraph (a), for “or an EEA self-employed person” substitute “, an EEA self-employed person or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(4)”.

188

In Schedule 2, after paragraph 6 insert—

(6A) (1) A person with protected rights or a frontier worker, within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who— (a) is one of the following— (i) an EEA migrant worker or an EEA self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course; (ii) a Swiss employed person or a Swiss self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course; (iii) a family member of a person mentioned in sub-paragraph (i) or (ii), who is ordinarily resident in Wales on the first day of the first academic year of the course; (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; (vi) a family member of a person mentioned in sub-paragraph (iv) or (v), and (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course. (2) A person with protected rights who— (a) is ordinarily resident in Wales 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 EEA 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 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day as extended by the EEA Agreement as it had effect immediately before IP completion day. (3) For the purposes of sub-paragraph (2)(c), in Article 10 of the Workers Regulation— (a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland, and (b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly. (4) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

189

In Schedule 2, in paragraph 7 (category 7 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

• (a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

• (b) in sub-paragraph (1)(b), in the English language text, for “implementation period” substitute “IP”;

• (c) omit sub-paragraph (5).

190

In Schedule 2, after paragraph 7 insert—

(7A) (1) A person who— (a) is settled in the United Kingdom, (b) was ordinarily resident in Wales 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) was ordinarily resident immediately before IP completion day— (i) in the territory comprising Gibraltar, the EEA and Switzerland, or (ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the EEA and Switzerland, and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the academic year of the course, (d) is ordinarily resident in the United Kingdom on the day on which the course begins, (e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and (f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (e). (2) For the purposes of this paragraph, a person has exercised a right of residence if sub-paragraph (3) or (4) applies to the person. (3) This sub-paragraph applies to a person who is— (a) a United Kingdom national, (b) 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 (c) a person who had the right of permanent residence, who 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. (4) This sub-paragraph applies to a person (“P”)— (a) who is settled in the United Kingdom and had the right of permanent residence, and (b) who has gone to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national. (5) For the purposes of this sub-paragraph, a person has 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.

191

In Schedule 2, in paragraph 8 (category 8 – EU nationals)—

• (a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

• (b) in sub-paragraph (1A), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”;

• (c) omit sub-paragraph (5).

192

In Schedule 2, after paragraph 8 insert—

(8A) (1) A person with protected rights— (a) who is— (i) an EU national on the first day of the first academic year of the course, (ii) a family member of a person mentioned in sub-paragraph (i), or (iii) a family member of a relevant person of Northern Ireland, (b) who is undertaking a designated course in Wales, (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and (d) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, EEA 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 (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)). (2) A person with protected rights who— (a) is an EU national on the first day of the first academic year of the course, (b) is ordinarily resident in Wales 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 full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c). (8B) (1) A person— (a) who is— (i) a United Kingdom national on the first day of the first academic year of the course, or (ii) a family member of a person mentioned in sub-paragraph (i), (b) who was ordinarily resident immediately before IP completion day— (i) in the territory comprising the EEA and Switzerland, or (ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the EEA and Switzerland, and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course, (c) who is undertaking a designated course in Wales, (d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and (e) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)). (2) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d). (8C) A person— (a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course, (b) who is undertaking a designated course in Wales, (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) whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 11(2)). (8D) A person— (a) who is— (i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar, (ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar, (iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement, or (iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement, (b) who is undertaking a designated course in Wales, (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and (d) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in sub-paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)).

193

In Schedule 2, in paragraph 9 (category 9 – children of Swiss nationals)—

• (a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

• (b) in sub-paragraph (2), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”.

194

In Schedule 2, after paragraph 9 insert—

(9A) A person with protected rights who— (a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement, (b) is ordinarily resident in Wales 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 EEA 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 sub-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 EEA and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).

195

In Schedule 2, in paragraph 10 (children of Turkish workers), in the heading, at the end insert “— courses beginning before 1 August 2021”.

196

In Schedule 2, after paragraph 10 insert—

(10A) (1) A person who— (a) is the child of a Turkish worker (“T”) where T was ordinarily resident in the United Kingdom immediately before IP completion day, (b) immediately before IP completion day— (i) was the child of T, and (ii) was ordinarily resident in the United Kingdom, (c) is ordinarily resident in Wales on the first day of the first academic year of the course, and (d) had been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course. (2) In this paragraph, “Turkish worker” means a Turkish national who— (a) is ordinarily resident in the United Kingdom and Islands, and (b) is, or has been, lawfully employed in the United Kingdom.

197

In Schedule 2, in paragraph 11 (ordinary residence – additional provision)—

• (a) in sub-paragraph (2), after “Islands”, in each place it occurs, insert “, the territory comprising the United Kingdom, Islands and the Republic of Ireland”;

• (b) in sub-paragraph (3)—

• (i) after “Islands” insert “, the territory comprising the United Kingdom, Islands and the Republic of Ireland”;

• (ii) after paragraph (a) insert—

(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, Islands and the Republic of Ireland as members of such forces;

198

In Schedule 2, in paragraph 13 (interpretation)—

• (a) the existing text becomes sub-paragraph (1);

• (b) in that sub-paragraph—

• (i) omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;

• (ii) at the appropriate place insert—

• “family member” (“aelod o deulu”) means (unless otherwise indicated) in relation to a person (“P”)— P’s spouse or civil partner, direct descendants of P or of P’s spouse or civil partner who are— under the age of 21, or dependants of P or of P’s spouse or civil partner, or in a case where P is— an EU national who falls within Article 7(1)(b) of Directive 2004/38, or for the purposes of paragraph 8A, a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national, dependent direct relatives in P’s ascending line or the ascending line of P’s spouse or civil partner;

• “United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement.

• (c) after that sub-paragraph insert—

(2) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

199

In Schedule 4 (index of defined terms), in Table 3—

• (a) for the entry in the second column corresponding to—

• (i) “family member” substitute “Schedule 2, paragraph 13”;

• (ii) “person granted stateless leave” substitute “Schedule 2, paragraph 2A”;

• (iii) “person with section 67 leave to remain” substitute “Schedule 2, paragraph 2A”;

• (b) omit the following entries—

• (i) “leave application date” (for the purpose of determining if a person is the family member of a person granted stateless leave);

• (ii) “leave application date” (for the purpose of determining if a person is the child of a person with section 67 leave to remain);

• (iii) “right of permanent residence”;

• (c) at the appropriate place insert—

Signed

Kirsty Williams — Minister for Education, one of the Welsh Ministers — 19 April 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend—

• (a) the Education (Fees and Awards) (Wales) Regulations 2007 (“the Fees and Awards Regulations”) – see Part 2,

• (b) the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (“the QCP Regulations”) – see Part 3,

• (c) the Education (Student Support) (Wales) Regulations 2017 (“the 2017 Regulations”) – see Part 4,

• (d) the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 (“the 2017 Master’s Regulations”) – see Part 5,

• (e) the Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”) – see Part 6,

• (f) the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 (“the Doctoral Degree Regulations”) – see Part 7, and

• (g) the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (“the 2019 Master’s Regulations”) – see Part 8.

The amendments take effect in relation to an academic year beginning on or after 1 August 2021. The principal amendments made by these Regulations are—

• (a) to make changes in consequence of the United Kingdom’s exit from the European Union;

• (b) to make changes relating to persons with Calais leave or certain persons who are the victims of domestic violence or abuse or who are bereaved.

These Regulations make amendments to include the following in the categories of eligible students for the purposes of student support, those having home fee status under the Fees and Awards Regulations and those who are prescribed persons under the QCP Regulations—

• persons granted humanitarian protection, persons granted stateless leave, persons with section 67 leave to remain and persons who satisfy the requirements of paragraphs 352J, 352K, 352L or 352T of the immigration rules, including children granted “leave in line” (persons with Calais leave);

• persons who are granted leave to remain in the United Kingdom under the immigration rules as a result of being a victim of domestic violence or domestic abuse or having been bereaved and their children;

• persons settled in the United Kingdom who have been ordinarily resident in the United Kingdom, the Channel Islands and the Isle of Man and the Republic of Ireland;

• persons falling within the personal scope of the citizens’ rights provisions of the EU withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement (“the Agreements”) who have leave to enter or remain in the United Kingdom granted under residence scheme immigration rules (as defined in section 17(1) of the European Union (Withdrawal Agreement) Act 2020);

• persons falling within the personal scope of the citizens’ rights provisions of the Agreements who are in the grace period for applications for leave under residence scheme immigration rules, or whose applications for such leave are not yet determined, and Irish citizens who do not require leave to enter or remain in the United Kingdom;

• family members of relevant persons of Northern Ireland who have indefinite leave to enter or remain in the United Kingdom under residence scheme immigration rules;

• frontier workers within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213);

• persons settled in the United Kingdom who exercised a right of residence in the European Economic Area or Switzerland before implementation period completion day;

• United Kingdom nationals and their family members who, before implementation period completion day, have been ordinarily resident in the European Economic Area or Switzerland, in relation to courses beginning before 1 January 2028;

• family members of United Kingdom nationals who are resident in the United Kingdom, Channel Islands and Isle of Man;

• United Kingdom nationals and their family members resident in Gibraltar and persons with a right to reside in Gibraltar arising under the EU withdrawal agreement;

• children of Swiss nationals who are entitled to support by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

• children of Turkish workers resident in the United Kingdom before implementation period completion day.

The amendments also make minor corrections.

Part 6 of these Regulations amends the 2018 Regulations. The 2018 Regulations provide for financial support for eligible students undertaking designated courses beginning on or after 1 August 2018.

Regulations 116 to 118 amend provision relating to eligibility for student support by including reference to the eligibility categories inserted by regulations 130 to 145 into Schedule 2 to the 2018 Regulations. The amendments restrict certain existing eligibility categories to students falling within those categories before 1 August 2021 and undertaking a course beginning before that date. Provision is also made for new eligibility categories which are not limited to students undertaking courses beginning before 1 August 2021.

The amendments made by regulations 119 to 121 take account of the new categories inserted into Schedule 2 to the 2018 Regulations by making provision for where a person ceases to have Calais leave, leave to remain as a protected partner or leave to remain under residence scheme immigration rules.

Regulations 122 to 129 make further related amendments to the 2018 Regulations, including amending the circumstances in which a student may qualify for support during the academic year to take account of the changes made to Schedule 2.

Regulations 146 to 152 make amendments to Schedules 4 and 5 to the 2018 Regulations to take account of the amendments made to Schedule 2.

Regulation 153 amends the index of defined terms in Schedule 7 to reflect the amendments made by these Regulations.

Part 2 makes similar amendments to the Fees and Awards Regulations. The Fees and Awards Regulations authorise the charging of fees which are higher in the case of students not having a specified connection with the United Kingdom than in the case of students having such a connection (those with home fee status). The Fees and Awards Regulations also authorise the adoption of rules of eligibility which confine awards to those with such a connection with the United Kingdom.

Part 3 makes similar amendments to the QCP Regulations. The QCP Regulations prescribe the qualifying courses and persons for the purposes of section 5 of the Higher Education (Wales) Act 2015, which sets out that institutions’ fee and access plans must specify or provide for the determination of fee limits in relation to qualifying courses. A fee limit is a maximum amount payable by a qualifying person in relation to a qualifying course and the Schedule to the QCP Regulations lists those persons who may be qualifying persons.

Part 4 of these Regulations makes similar amendments to the 2017 Regulations and makes amendments to revoke Part 11 of the 2017 Regulations, which is now redundant. The 2017 Regulations provide for financial support for eligible students undertaking designated higher education courses which begin before 1 September 2018.

Part 5 makes similar amendments to the 2017 Master’s Regulations. The 2017 Master’s Regulations provide for financial support for eligible students undertaking designated postgraduate master’s degree courses which begin before 1 August 2019.

Part 7 makes similar amendments to the Doctoral Degree Regulations. The Doctoral Degree Regulations provide for financial support for eligible students undertaking designated postgraduate doctoral degree courses which begin on or after 1 August 2018.

Part 8 makes similar amendments to the 2019 Master’s Regulations. The 2019 Master’s Regulations provide for financial support for eligible students undertaking designated postgraduate master’s degree courses which begin on or after 1 August 2019.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Higher Education Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 1983 c. 40; section 1 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 91; the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 19; the Education Act 1994 (c. 30), Schedule 2, paragraph 7; the Education Act 1996 (c. 56), Schedule 37, paragraph 57; the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraphs 1 and 11; the Education Act 2002 (c. 32), Schedule 21, paragraph 5 and Schedule 22; the Education Act 2005 (c. 18), Schedule 14, paragraph 9; S.I. 2010/1080, Schedule 1, paragraph 12; S.I. 2010/1158, Schedule 2, paragraph 1; the Education Act 2011 (c. 21), Schedule 5, paragraph 5 and Schedule 16, paragraph 5; and the Deregulation Act 2015 (c. 20), Schedule 14, paragraph 33. Section 2 was amended by the Teaching and Higher Education Act 1998 (c. 30), section 44 and Schedule 4.

[^f00002]: 1998 c. 30; section 22 was amended by the Learning and Skills Act 2000, section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147; the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7; the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257; the Education Act 2011, section 76; S.I. 2013/1881 and the Higher Education and Research Act 2017 (c. 29), section 88. See section 43(1) of the Teaching and Higher Education Act 1998 for the definitions of “prescribed” and “regulations”.

[^f00003]: The functions of the Secretary of State in section 1 of the Education (Fees and Awards) Act 1983 were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by S.I. 2006/1458 with effect from 8 June 2006. The functions of the Secretary of State in section 2 of that Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by S.I. 1999/672. The Secretary of State’s functions in section 22(2)(a) to (i) and (k) of the Teaching and Higher Education Act 1998 were transferred to the National Assembly for Wales so far as they relate to making provision in relation to Wales by section 44 of the Higher Education Act 2004 (c. 8), with subsection (2) (a), (c) and (k) exercisable concurrently with the Secretary of State. The Secretary of State’s function in section 42 was transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by S.I. 1999/672. All of the above functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00004]: 2015 anaw 1. See section 57(1) for the definitions of “prescribed” and “regulations”.

[^f00005]: S.I. 2007/2310 (W. 181), amended by S.I. 2008/1259 (W. 126); S.I. 2010/1142 (W. 101); S.I. 2011/1043; S.I. 2011/1978 (W. 218); S.I. 2013/1792 (W. 179); S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1192 (W. 209); S.I. 2020/1302 (W. 287) and S.I. 2021/9 (W. 4).

[^f00006]: 2005 c. 18.

[^f00007]: The Higher Education Funding Council for Wales established under section 62 of the Further and Higher Education Act 1992.

[^f00008]: 1992 c. 13, amended by section 27 of the Teaching and Higher Education Act 1998 (c. 30); the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158); section 34(1) of the Special Educational Needs and Disability Act 2001 (c. 10); and Schedule 11 to the Higher Education and Research Act 2017 (c. 29).

[^f00009]: 1996 c. 56, amended by the Education Act 1997 (c. 44), section 52.

[^f00010]: 2000 c. 21, amended by Schedule 1 to the Learning and Skills (Wales) Measure 2009 (anaw 1).

[^f00011]: OJ No L158, 30.04.2004, p. 77.

[^f00012]: S.I. 2020/1209, amended by S.I. 2020/1309.

[^f00013]: 2016 c. 19.

[^f00014]: Defined in section 17(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00015]: 1971 c. 77, section 3ZA inserted by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20).

[^f00016]: OJ L 141, 27.05.2011, p. 1, amended by Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 (OJ L 107, 22.4.2016, p. 1) and Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 (OJ L 186, 11.7.2019, p. 21).

[^f00017]: S.I. 2016/1052, amended by S.I. 2017/1, S.I. 2017/1242, S.I. 2018/801, S.I. 2019/468, S.I. 2019/1155. S.I. 2016/1052 was revoked on implementation period completion day by paragraph 2(2) of Schedule 1 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), subject to the savings in S.I. 2020/1309.

[^f00018]: S.I. 2020/1213.

[^f00019]: Annex V of the EEA Agreement refers to Regulation (EU) No. 492/2011, with modifications that are not relevant for these purposes. Section 3(1) and (2)(b) of the European Union (Withdrawal) Act 2018 (c. 18) make provision for incorporation of Annexes to the EEA Agreement into domestic law.

[^f00020]: S.I. 2015/1484 (W. 163), amended by S.I. 2016/276 (W. 100); S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1192 (W. 209); S.I. 2020/1302 (W. 287) and S.I. 2021/9 (W. 4).

[^f00021]: S.I. 2017/47 (W. 21), amended by S.I. 2018/191 (W. 42); S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1094; S.I. 2019/1192 (W. 209); S.I. 2020/142 (W. 25); S.I. 2020/153 (W. 27); S.I. 2020/708 (W. 159); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4) and S.I. 2021/73 (W. 19).

[^f00022]: 2020 c. 1.

[^f00023]: 2002 c. 41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), Schedules 2 and 4, the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9, S.I. 2010/21 and the Immigration Act 2014 (c. 22), Schedule 9.

[^f00024]: S.I. 2017/523 (W. 109), amended by S.I. 2017/712 (W. 169); S.I. 2018/277 (W. 53); S.I. 2018/814 (W. 165); S.I. 2019/895 (W. 161); S.I. 2019/1094; S.I. 2020/1302 (W. 287) and S.I. 2021/9 (W. 4).

[^f00025]: S.I. 2018/191 (W. 42), amended by S.I. 2018/813 (W. 164); S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1094; S.I. 2019/1192 (W. 209); S.I. 2020/142 (W. 25); S.I. 2020/153 (W. 27); S.I. 2020/708 (W. 159); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4) and S.I. 2021/73 (W. 19).

[^f00026]: S.I. 2018/656 (W. 124), amended by S.I. 2018/814 (W. 165); S.I. 2019/235 (W. 54); S.I. 2019/1192 (W. 209); S.I. 2019/1094; S.I. 2020/153 (W. 27); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4) and S.I. 2021/73 (W. 19).

[^f00027]: S.I. 2019/895 (W. 161), amended by S.I. 2019/1094; S.I. 2019/1192 (W. 209); S.I. 2020/142 (W. 25); S.I. 2020/153 (W. 27); S.I. 2020/918 (W. 206); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4) and S.I. 2021/73 (W. 19).