The Education (Student Fees, Awards, Qualifying Courses and Persons) (Wales) Regulations 2013

• Citation: S.I. 2013/1792 (W.)
• Sections: 8

Section 1 Title, commencement and application

(1) The title of these Regulations is the Education (Student Fees, Awards, Qualifying Courses and Persons) (Wales) Regulations 2013.

(2) These Regulations come into force on 1 September 2013 and apply in relation to Wales.

(3) The amendments made by these Regulations do not apply in relation to a person where the first day of the first academic year of that person’s course is before 1 September 2013.

Section 2 Interpretation

In these Regulations—

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

“the 2011 Regulations ” (“ Rheoliadau 2011 ”) means the Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011 .

Section 3 Amendment of the 2007 Regulations

The 2007 Regulations are amended in accordance with regulations 4 and 5.

Section 4 Amendment of the 2007 Regulations

In regulation 2 paragraph (1), in the definition of “overseas territories”, insert “St-Barthélemy” in the appropriate place.

Section 5 Amendment of the 2007 Regulations

In paragraph 9 of the Schedule—

(a) in sub-paragraph (1)(c) before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”;

(b) after sub-paragraph (1), insert—

(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of another Member State under article 7(1) of Directive 2004/38; or

(ii) not a United Kingdom national; and

(b) has been ordinarily resident in the territory comprising 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.

Section 6 Amendment of the 2011 Regulations

The 2011 Regulations are amended in accordance with regulations 7 and 8.

Section 7 Amendment of the 2011 Regulations

In paragraph 1(1) of the Schedule, in the definition of “overseas territories”, insert “St-Barthélemy” in the appropriate place.

Section 8 Amendment of the 2011 Regulations

In paragraph 9 of the Schedule—

(a) in sub-paragraph (1)(c) before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”;

(b) after sub-paragraph (1), insert—

(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—

(a) is—

(i) a United Kingdom national who has exercised a right to reside in the territory of another Member State under article 7(1) of Directive 2004/38; or

(ii) not a United Kingdom national; and

(b) has been ordinarily resident in the territory comprising 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.