The Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026

Made: 25 February 2026

Coming into force: 1 April 2026

The Welsh Ministers, in exercise of the powers conferred on them by sections 32(4) and (9)(b) and 143(2) of the Tertiary Education and Research (Wales) Act 2022[^f00001], make the following Regulations.

Title and coming into force

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• (1) The title of these Regulations is the Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026.

• (2) These Regulations come into force on 1 April 2026.

Interpretation

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In these Regulations—

• “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998[^f00002];

• “the 2022 Act” (“Deddf 2022”) means the Tertiary Education and Research (Wales) Act 2022;

• “academic year” (“blwyddyn academaidd”), in respect of a course, means a year determined as follows— identify the period in Column 2 of the Table within which the academic year actually begins; the academic year is the period of 12 months beginning on the date specified in the entry in Column 1 of the Table corresponding to the period set out in Column 2. Table Column 1 Start date of academic year for the purposes of these Regulations Column 2 Period within which academic year begins 1 SeptemberOn or after 1 August but before 1 January1 JanuaryOn or after 1 January but before 1 April1 AprilOn or after 1 April but before 1 July1 JulyOn or after 1 July but before 1 August

• “course of initial teacher training” (“cwrs hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree.

Qualifying course

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• (1) A qualifying course, which is specified for the purposes of section 32(4) of the 2022 Act, is a course which—

• (a) satisfies both of the conditions in paragraph (2), and

• (b) does not fall within either of the exceptions in paragraph (3).

• (2) The conditions are—

• Condition 1The course is—a course of initial teacher training,a course for the further training of teachers or youth and community workers,a first degree course,a course for the Diploma of Higher Education, a course for the Higher National Diploma or Higher National Certificate of the Business and Technician Education Council, or the Diploma in Management Studies, a course for the Certificate in Education,a course in preparation for a professional examination at higher level, ora course providing education at a higher level (whether or not in preparation for an examination).For the purposes of paragraph (1)(g) of this condition a professional examination is at higher level if its standard is higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council.For the purposes of paragraph (1)(h) of this condition a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses providing education in preparation for any of the examinations mentioned in paragraph (2) of this condition.

• Condition 2The course is designated by regulations made under section 22 of the 1998 Act[^f00003].

• (3) The exceptions are—

• Exception 1The course is a part-time course.

• Exception 2The course is provided on behalf of a registered provider by a person who is not—a registered provider,included in the register established and maintained by the Office for Students under section 3 of the Higher Education and Research Act 2017[^f00004], ormaintained or assisted by recurrent grants provided by the Commission for Tertiary Education and Research[^f00005].

• (4) A person is not regarded as being maintained or assisted by recurrent grants for the purposes of Exception 2 in paragraph (3) by reason only that the person receives such funds as a collaborating body.

• (5) In this regulation—

• “collaborating body” (“corff sy’n cydlafurio”) has the meaning given by section 88(3), 89(4), 97(3), 104(2) or 105(4) of the 2022 Act, as the case may be;

• “registered provider” (“darparwr cofrestredig”) means a provider which is registered in the register established and maintained by the Commission for Tertiary Education and Research under section 25 of the 2022 Act.

Qualifying person

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• (1) A qualifying person, who is specified for the purposes of section 32(9) of the 2022 Act, is a person who—

• (a) satisfies either of the conditions in paragraph (2), and

• (b) does not fall within any of the exceptions in paragraph (3).

• (2) The conditions are—

• Condition 1 The person falls within a settled category— 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 otherwise, on the first day of an academic year of the person’s course.

• Condition 2 The person falls within a prescribed category on the first day of an academic year of the person’s course.

• (3) The exceptions are—

• Exception 1 The person is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations.

• Exception 2 The person is not eligible for support under the 2018 Regulations because they are a person to whom paragraph (a) in Exception 3, Exception 4, Exception 5 or Exception 6 in regulation 10(1) of those Regulations applies.

• Exception 3 In connection with a course which begins on or after 1 January 2028— the only settled category into which the person falls is paragraph 16, or the only prescribed category into which the person falls is paragraph 19 or 20.

• Exception 4 The person holds a higher education qualification and a qualifying course being undertaken by the person leads to a qualification which is an equivalent or lower qualification. But this exception does not apply in any of the following cases— Case 1 Where— the qualifying course is a course of initial teacher training, the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent), and the qualifying person is not a qualified teacher. Case 2 Where in respect of any part of a single course— the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification, and the only honours degree held by the qualifying person was received as part of that single course. Case 3 Where the qualifying course is a foundation degree. Case 4 Where the qualifying course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect.

• Exception 5 In connection with a course which began before 1 August 2023, the only prescribed category into which the person falls is paragraph 21.

• (4) Where an event occurs in the course of an academic year and as a result a person falls within a settled category or a prescribed category in the course of an academic year, that person is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.

• (5) For the purposes of Exception 4 in paragraph (3), a qualification is an equivalent or lower qualification if—

• (a) the person holds a higher education qualification from an institution in the United Kingdom, and

• (b) the qualification referred to in sub-paragraph (a) is of an academic level which is equivalent to or higher than a qualification to which the current qualifying course leads.

• (6) In this regulation—

• “the 2017 Regulations” (“Rheoliadau 2017”) means the Education (Student Support) (Wales) Regulations 2017[^f00006];

• “the 2018 Regulations” (“Rheoliadau 2018”) means the Education (Student Support) (Wales) Regulations 2018[^f00007];

• “equivalent or lower qualification” (“cymhwyster cyfwerth neu is”) means a qualification determined by the Welsh Ministers in accordance with paragraph (5) to be an equivalent or lower qualification;

• “prescribed category” (“categori rhagnodedig”) means one of the categories described— in paragraph 2, 4, 5, 6, 7, 8, 9, 10, 12, 14, 18, 19, 20, 21, 22, 23, 25, 27 or 29 of the Schedule, or in paragraph 11, 13, 15, 17, 24, 26 or 28 of the Schedule where— in connection with a course beginning before 1 August 2021, a person (“A”) was undertaking that course in relation to an academic year beginning before that date, A is undertaking an academic year of that course or of a course to which A transfers from that course in accordance with regulations made under section 22 of the 1998 Act, and the course is specified as a qualifying course under regulation 3;

• “qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002[^f00008];

• “settled category” (“categori setledig”) means a category described in paragraph 3 or 16 of the Schedule;

• “single course” (“cwrs sengl”) means a course described in— regulation 5(7) of the 2017 Regulations to which regulation 5(6) of those Regulations applies, or regulation 6(4) of the 2018 Regulations to which regulation 6(3) of those Regulations applies.

Schedule — Categories

Interpretation

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• (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[^f00009];

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC[^f00010];

• “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[^f00011];

• “EEA frontier self-employed person” (“person hunangyflogedig trawsffiniol AEE”) means an EEA national who— is a self-employed person in the United Kingdom, and resides in Switzerland or the territory of an EEA State and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “EEA frontier worker” (“gweithiwr trawsffiniol AEE”) means an EEA national who— is a worker in the United Kingdom, and resides in Switzerland or the territory of an EEA State and returns to the national's residence in Switzerland or that EEA State 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 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;

• “employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 (Free Movement of Persons) to the Swiss Agreement;

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

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

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

• “European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

• “family member” (“aelod o deulu”) means— in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person, 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 12(3)— that person’s spouse or civil partner, direct descendants of the person or of the person’s spouse or civil partner who are— under the age of 21, or dependants of the person or the person’s spouse or civil partner, or dependent direct relatives in the ascending line of the person or the person’s spouse or civil partner; in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person— the person’s spouse or civil partner, or the person’s child or the child of the person’s spouse or civil partner; in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 18, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national— the national’s spouse or civil partner, or direct descendants of the national or the national’s spouse or civil partner who are— under the age of 21, or dependants of the national or the national’s spouse or civil partner; in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38 or, for the purposes of paragraph 18, in relation to 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— the national’s spouse or civil partner, direct descendants of the national or the national’s spouse or civil partner who are— under the age of 21, or dependants of the national or the national’s spouse or civil partner, or dependent direct relatives in the national’s ascending line or of the national’s spouse or civil partner; in relation to a United Kingdom national, for the purposes of paragraphs 17, 19 and 23 and for the purposes of paragraphs 21 and 22 in relation to persons settled in the United Kingdom— the national’s spouse or civil partner, or direct descendants of the national or the national’s spouse or civil partner who are— under the age of 21, or dependants of the national or the national’s spouse or civil partner;

• “immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971[^f00012];

• “IP completion day” (“diwrnod cwblhau’r cyfnod gweithredu”) has the meaning given in section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

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

• “overseas territories” (“tiriogaethau tramor”) means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Greenland; Mayotte; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the 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;