The Education (Student Fees, Awards and Support) (Wales) Regulations 2011

• Citation: S.I. 2011/1978 (W.)
• Sections: 22

Section 1 Title, commencement and application

(1) The title of these Regulations is the Education (Student Fees, Awards and Support) (Wales) Regulations 2011.

(2) These Regulations come into force on 31 August 2011 and apply in relation to Wales.

Section 2 Interpretation

In these Regulations—

“the 2011 Regulations ” (“ Rheoliadau 2011 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 ;

“the 2012 Regulations ” (“ Rheoliadau 2012 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011 ;

“ European Institutions Regulations ” (“ Rheoliadau'r Sefydliadau Ewropeaidd ”) means the Assembly Learning Grants (European Institutions) (Wales) Regulations 2011 ;

“ European University Institute Regulations ” (“ Rheoliadau'r Athrofa Brifysgol Ewropeaidd ”) means the Assembly Learning Grants (European University Institute) (Wales) Regulations 2009 ;

“ Fees Regulations ” (“ y Rheoliadau Ffioedd ”) means the Education (Fees and Awards) (Wales) Regulations 2007 ; and

“ Qualifying Courses and Persons Regulations ” (“ Rheoliadau'r Cyrsiau a Phersonau Cymhwysol ”) means the Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011 .

Section 3 Amendment of the 2011 Regulations

The 2011 Regulations are amended in accordance with regulations 4 and 5.

Section 4 Amendment of the 2011 Regulations

In regulation 2(1), in the definition of “person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”), for sub-paragraph (a) substitute—

(a) who has—

(i) 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 humanitarian protection or discretionary leave ; or

(ii) 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;

Section 5 Amendment of the 2011 Regulations

In Part 2 of Schedule 1—

(a) for paragraph 5(2)(b), substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

(b) for paragraph 5(3)(b), substitute—

(b) who, on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) for paragraph 5(3)(c), substitute—

(c) who was under 18 on the date on which the person with leave to enter or remain made —

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

Section 6 Amendment of the 2012 Regulations

The 2012 Regulations are amended in accordance with regulations 7 and 8.

Section 7 Amendment of the 2012 Regulations

In regulation 2(1), in the definition of “person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”), for sub-paragraph (a) substitute—

(a) who has—

(i) 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 humanitarian protection or discretionary leave; or

(ii) 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;

Section 8 Amendment of the 2012 Regulations

In Part 2 of Schedule 1—

(a) for paragraph 5(2)(b), substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

(b) for paragraph 5(3)(b), substitute—

(b) who, on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) for paragraph 5(3)(c), substitute—

(c) who was under 18 on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

Section 9 Amendment of the European Institutions Regulations

The European Institutions Regulations are amended in accordance with regulations 10 and 11.

Section 10 Amendment of the European Institutions Regulations

In regulation 3(1), in the definition of “person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”), for sub-paragraph (a) substitute—

(a) who has—

(i) 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 P is considered not to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

(ii) 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 P to enter or remain in the United Kingdom on the grounds of discretionary leave;

Section 11 Amendment of the European Institutions Regulations

In Part 2 of Schedule 1—

(a) for paragraph 5(2)(b), substitute—

(b) was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

(b) for paragraph 5(3)(b), substitute—

(b) on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) for paragraph 5(3)(c), substitute—

(c) was under 18 on the date on which the person with leave to enter or remain made —

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

Section 12 Amendment of the European University Institute Regulations

The European University Institute Regulations are amended in accordance with regulations 13 to 15.

Section 13 Amendment of the European University Institute Regulations

In regulation 3, in the definition of “person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”), for paragraph (a) substitute—

(a) who has—

(i) 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 that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

(ii) has 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 that person to enter or remain in the United Kingdom on the grounds of discretionary leave;

Section 14 Amendment of the European University Institute Regulations

In Part 1 of Schedule 1, in paragraph 1(1), in the definition of “family member” (“ aelod o deulu ”) for sub-paragraph (a)(ii) substitute—

(ii) direct descendants of the person or of the person’s spouse or civil partner who are—

(aa) under the age of 21; or

(bb) dependants of the person or the person’s spouse or civil partner; or

Section 15 Amendment of the European University Institute Regulations

In Part 2 of Schedule 1—

(a) for paragraph 5(2)(b), substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

(b) for paragraph 5(3)(b), substitute—

(b) who, on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) for paragraph 5(3)(c), substitute—

(c) who was under 18 on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made;

Section 16 Amendment of the Fees Regulations

The Fees Regulations are amended in accordance with regulations 17 to 19.

Section 17 Amendment of the Fees Regulations

In paragraph 1 of the Schedule, in the definition of “family member” (“ aelod o deulu ”), for sub-paragraph (a)(ii) substitute—

(ii) direct descendants of the person or of the person’s spouse or civil partner who are—

(aa) under the age of 21; or

(bb) dependants of the person or the person’s spouse or civil partner; or

Section 18 Amendment of the Fees Regulations

In paragraph 1 of the Schedule, in the definition of “person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu aros ”), for sub-paragraph (a) substitute—

(a) who has—

(i) 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 that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

(ii) 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 that person to enter or remain in the United Kingdom on the grounds of discretionary leave;

Section 19 Amendment of the Fees Regulations

In the Schedule—

(a) for paragraph 5(2)(b), substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made; and

(b) for paragraph 5(3)(b), substitute—

(b) who, on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) for paragraph 5(3)(c), substitute—

(c) who was under 18 on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made; and

Section 20 Amendment of the Qualifying Courses and Persons Regulations

The Qualifying Courses and Persons Regulations are amended in accordance with regulations 21 and 22.

Section 21 Amendment of the Qualifying Courses and Persons Regulations

In paragraph 1(1) of the Schedule, in the definition of “person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”) for sub-paragraph (a) substitute—

(a) who has—

(i) 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 P is considered not to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave; or

(ii) 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 P to enter or remain in the United Kingdom on the grounds of discretionary leave;”.

Section 22 Amendment of the Qualifying Courses and Persons Regulations

In the Schedule—

(a) for paragraph 5(2)(b), substitute—

(b) was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made; and

(b) for paragraph 5(3)(b), substitute—

(b) who, on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c) for paragraph 5(3)(c), substitute—

(c) who was under 18 on the date on which the person with leave to enter or remain made—

(i) the application for asylum; or

(ii) the application for discretionary leave, where no application for asylum was made; and