The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021

• Citation: S.I. 2021/1365 (W.)
• Sections: 56

Section 1 Title and commencement

(1) The title of these Regulations is the Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021.

(2) These Regulations come into force on 31 December 2021.

Section 2

The Education (Fees and Awards) (Wales) Regulations 2007 are amended in accordance with this Part.

Section 3 Amendments to the Schedule

In the Schedule—

(a) in paragraph 1, in the definition of “person with protected rights”—

(i) the existing text after “means—” is numbered as paragraph (1) of that definition;

(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii) and after sub-paragraph (a)(iv) insert—

(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(iii) after that paragraph as so numbered, insert—

(2) In paragraph (1)(a)(v) “ citizens’ rights deeming provisions ” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 ); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

(b) in paragraph 2A(1)(a) and (b), for “on the first day of the first academic year of the course” in each case substitute “on the day on which the first term of the first academic year actually begins” ;

(c) in paragraph 3(1)(a)(iv)—

(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)” ;

(ii) in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)” ;

(iii) after sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 4 Amendments to regulations 4 to 8

In regulation 4—

(a) in paragraph (1)(a), after “9B,” insert “9BA,” ;

(b) in paragraph (1B), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA” .

Section 5 Amendments to regulations 4 to 8

In regulation 5—

(a) in paragraphs (1)(b)(i) and (c)(i), in each case after “9B,” insert “9BA,” ;

(b) in paragraph (4), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA” .

Section 6 Amendments to regulations 4 to 8

In regulation 6—

(a) in paragraphs (2)(a) and (3)(a), in each case after “9B,” insert “9BA,” ;

(b) in paragraph (5), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA” .

Section 7 Amendments to regulations 4 to 8

In regulation 7—

(a) in paragraphs (2)(a) and (3)(a), in each case after “9B,” insert “9BA,” ;

(b) in paragraph (5), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA” .

Section 8 Amendments to regulations 4 to 8

In regulation 8—

(a) in paragraphs (1)(a) and (2)(a), in each case after “9B,” insert “9BA,” ;

(b) in paragraph (4), for “paragraph 8A and 9B” substitute “paragraphs 8A, 9B and 9BA” .

Section 9 Amendments to the Schedule

In the Schedule, after paragraph 9B insert—

Irish citizens in the EEA and Switzerland

(9BA)

(1) A person—

(a) who is an Irish citizen on the first day of an academic year of the course;

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; 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 European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories 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 the course in the United Kingdom;

(d) who 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

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

(3) In this paragraph “ EU overseas territories ” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

Section 10

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 are amended in accordance with this Part.

Section 11 Amendments to the Schedule

In the Schedule—

(a) in paragraph 1(1), in the definition of “person with protected rights”—

(i) the existing text after “means—” is numbered as paragraph (1) of that definition;

(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(ii), and after sub-paragraph (a)(iii) insert—

(iv) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(iii) after that paragraph as so numbered, insert—

(2) In paragraph (1)(iv) “ citizens’ rights deeming provisions ” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

(b) in paragraph 2A(1)(a) and (b), for “on the first day of the first academic year of the course” in each case substitute “on the day on which the first term of the first academic year actually begins” ;

(c) in paragraph 3—

(i) in sub-paragraph (1)(a)(iii)(bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)” ;

(ii) in sub-paragraph (1)(a)(iii)(cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)” ;

(iii) after sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 12 Amendment to regulation 4

In regulation 4—

(a) in paragraph (3A), for “paragraph 8A or 9B” substitute “paragraph 8A, 9B or 9BA” ;

(b) in paragraph (9)(a), after “9B,” insert “9BA,” .

Section 13 Amendment to the Schedule

In the Schedule, after paragraph 9B insert—

Irish citizens in the EEA and Switzerland

(9BA)

(1) A person—

(a) who is an Irish citizen on the first day of the first academic year of the course;

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area, Switzerland and the EU overseas territories, 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 European Economic Area, Switzerland and the EU overseas territories;

and has remained ordinary resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories 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 the course in the United Kingdom;

(d) who 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

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 1(3).

(3) In this paragraph, “ EU overseas territories ” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

Section 14

The Education (Student Support) (Wales) Regulations 2017 are amended in accordance with this Part.

Section 15 Amendments to regulations 2, 4, 81 and 110

In regulation 2(1)—

(a) in the definition of “person with protected rights”—

(i) the existing text after “means—” is numbered as paragraph (1) of the definition;

(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—

(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(b) after that paragraph as so numbered, insert—

(2) In paragraph (1)(a)(v) “ citizens’ rights deeming provisions ” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 16 Amendments to regulations 2, 4, 81 and 110

In regulation 4(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 17 Amendments to regulations 2, 4, 81 and 110

In regulation 81(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 18 Amendments to regulations 2, 4, 81 and 110

In regulation 110(12E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 19 Amendment to Schedule 1

In Schedule 1—

(a) in paragraph 2A—

(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins” ;

(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period” , and move the terminal “and” to the end of sub-paragraph (1)(d);

(iii) after sub-paragraph (1)(d) insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course.

(b) in paragraph 3—

(i) in sub-paragraph (1)(a)(iv)(bb) after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)” ;

(ii) in sub-paragraph (1)(a)(iv)(cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)” ;

(iii) after sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

(c) in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.

Section 20 Amendments to regulations 4, 23, 41, 81 and 110

In regulation 4(2)(a), after “9B,” insert “9BA,” .

Section 21 Amendments to regulations 4, 23, 41, 81 and 110

In regulation 23(2), after “9A,” insert “9BA,” .

Section 22 Amendments to regulations 4, 23, 41, 81 and 110

In regulation 41(3), after “9A,” insert “9BA,” .

Section 23 Amendments to regulations 4, 23, 41, 81 and 110

In regulation 81(2)(a), after “9B,” insert “9BA,” .

Section 24 Amendments to regulations 4, 23, 41, 81 and 110

In regulation 110(3)(a)(i), after “9B,” insert “9BA,” .

Section 25 Amendments to Schedule 1

In Schedule 1, after paragraph 9B insert—

Irish citizens in the EEA and Switzerland

(9BA)

(1) A person—

(a) who is an Irish citizen on the first day of the first academic year of the course;

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area 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 European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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—

(i) undertaking a designated course in Wales; or

(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

Section 26 Amendment to Schedule 4

In Schedule 4 paragraph (3), after “9B,” insert “9BA,” .

Section 27

The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 are amended in accordance with this Part.

Section 28 Amendments to regulations 2 and 3

In regulation 2(1), in the definition of “person with protected rights”—

(a) the existing text after “means—” is numbered as paragraph (1) of that definition;

(b) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—

(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(c) after that paragraph as so numbered, insert—

(2) In paragraph (1)(a)(v) “ citizens’ rights deeming provisions ” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 29 Amendments to regulations 2 and 3

In regulation 3(10)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 30 Amendments to Schedule 1

In Schedule 1—

(a) in paragraph 2A—

(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins” ;

(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period” , and move the terminal “and” to the end of sub-paragraph (1)(d);

(iii) after sub-paragraph (1)(d) insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

(b) in paragraph 3(1)(a)(iv)—

(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)” ;

(ii) in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)” ;

(iii) after sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

(c) in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

Section 31 Amendment to regulation 3

In regulation 3(2)(a), after “9B,” insert “9BA,” .

Section 32 Amendment to Schedule 1

In Schedule 1, after paragraph 9B, insert—

Irish citizens in the EEA and Switzerland

(9BA) A person—

(a) who is an Irish citizen on the first day of the first academic year of the course;

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area 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 European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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 European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

Section 33

The Education (Student Support) (Wales) Regulations 2018 are amended in accordance with this Part.

Section 34 Amendment to regulation 23

In regulation 23E(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 35 Amendments to Schedule 1

In Schedule 1 paragraph 6(1), in the definition of “person with protected rights”—

(a) the existing text after “means—” is numbered as paragraph (1);

(b) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—

(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(c) after that paragraph as so numbered, insert—

(2) In paragraph (1)(a)(v) “ citizens’ rights deeming provisions ” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents during the transition period) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 36 Amendments to Schedule 2

In Schedule 2, in paragraph 1—

(a) in sub-paragraph (2)(a)(iv)—

(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (5)” ;

(ii) in paragraph (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (5)” ;

(b) in sub-paragraph (3)—

(i) in paragraph (a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins” ;

(ii) in paragraph (c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period” , and move the terminal “and” to the end of paragraph (d);

(iii) after paragraph (d) insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course

(c) after sub-paragraph (4) insert—

(5) For the purposes of sub-paragraph (2)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement,

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 37 Amendments to Schedule 2

In Schedule 2, in paragraph 6C move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

Section 38 Amendment to Schedule 4

In Schedule 4, in paragraph 13E(a)(i) for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 39 Amendments to regulations 9 and 10

In regulation 9(1)(a)(i), after “6B” insert “6BA,” .

Section 40 Amendments to regulations 9 and 10

In regulation 10(1), in exception 8 after “6B” insert “, 6BA” .

Section 41 Amendments to Schedule 2

In Schedule 2, after paragraph 6B insert—

Irish citizens in the EEA and Switzerland

(6BA)

(1) A person—

(a) who is an Irish citizen on the first day of the first academic year of the course,

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area 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 European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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—

(i) undertaking a designated course in Wales, or

(ii) undertaking a designated postgraduate course in Wales,

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 9(2).

Section 42 Amendments to Schedule 4

In Schedule 4—

(a) in paragraph 4(1)(a)(i), after “6B,” insert “6BA,” ;

(b) in paragraph 5(1), in exception 7 for “5A or 6B” substitute “5A, 6B or 6BA” .

Section 43

The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 are amended in accordance with this Part.

Section 44 Amendments to regulations 2 and 3

In regulation 2(1), in the definition of “person with protected rights”—

(a) the existing text after “means—” is numbered as paragraph (1) of the definition;

(b) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—

(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(c) after that paragraph as so numbered, insert—

(2) In paragraph (1)(a)(v) “ citizens’ rights deeming provisions ” means—

(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Section 45 Amendments to regulations 2 and 3

In regulation 3(11)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .

Section 46 Amendments to Schedule 1

In Schedule 1—

(a) in paragraph 2A—

(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins” ;

(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period” , and move the terminal “and” to the end of sub-paragraph (1)(d);

(iii) after sub-paragraph (1)(d) insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

(b) in paragraph 3(1)(a)(iv)—

(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)” ;

(ii) in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)” ;

(iii) after sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

(c) in paragraph 10C(1), move the terminal “and” at the end of paragraph (c) to the end of paragraph (d), and after that paragraph insert—

(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

Section 47 Amendments to regulation 3

In regulation 3—

(a) in paragraph (2)(a), after “10B,” insert “10BA,” ;

(b) in paragraph (2B), for “9A, 10B or 10D” substitute “9A, 10B, 10BA or 10D” .

Section 48 Amendments to Schedule 1

In Schedule 1, after paragraph 10B, insert—

Irish citizens in the EEA and Switzerland

(10BA)

(1) A person—

(a) who is an Irish citizen on the first day of the first academic year;

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the European Economic Area 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 European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

Section 49

The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 are amended in accordance with this Part.

Section 50 Amendment to regulation 12

In regulation 12A(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)” .