Contents
- 1 Title, commencement and application
- 2 Interpretation
- 3 Amendment of the 2011 Regulations
- 4 Amendment of the 2011 Regulations
- 5 Amendment of the 2011 Regulations
- 6 Amendment of the 2012 Regulations
- 7 Amendment of the 2012 Regulations
- 8 Amendment of the 2012 Regulations
- 9 Amendment of the European Institutions Regulations
- 10 Amendment of the European Institutions Regulations
- 11 Amendment of the European Institutions Regulations
- 12 Amendment of the European University Institute Regulations
- 13 Amendment of the European University Institute Regulations
- 14 Amendment of the European University Institute Regulations
- 15 Amendment of the European University Institute Regulations
- 16 Amendment of the Fees Regulations
- 17 Amendment of the Fees Regulations
- 18 Amendment of the Fees Regulations
- 19 Amendment of the Fees Regulations
- 20 Amendment of the Qualifying Courses and Persons Regulations
- 21 Amendment of the Qualifying Courses and Persons Regulations
- 22 Amendment of the Qualifying Courses and Persons Regulations
1Title, 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.
2Interpretation#
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.
3Amendment of the 2011 Regulations#
The 2011 Regulations are amended in accordance with regulations 4 and 5.
4Amendment 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; orii 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;”
5Amendment 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; orii 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; orii 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; orii the application for discretionary leave, where no application for asylum was made;”
6Amendment of the 2012 Regulations#
The 2012 Regulations are amended in accordance with regulations 7 and 8.
7Amendment 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; orii 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;”
8Amendment 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; orii 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; orii 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; orii the application for discretionary leave, where no application for asylum was made;”
9Amendment of the European Institutions Regulations#
The European Institutions Regulations are amended in accordance with regulations 10 and 11.
10Amendment 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; orii 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;”
11Amendment 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; orii 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; orii 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; orii the application for discretionary leave, where no application for asylum was made;”
12Amendment of the European University Institute Regulations#
The European University Institute Regulations are amended in accordance with regulations 13 to 15.
13Amendment 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; orii 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;”
14Amendment 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; orbb dependants of the person or the person’s spouse or civil partner; or”
15Amendment 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; orii 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; orii 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; orii the application for discretionary leave, where no application for asylum was made;”
16Amendment of the Fees Regulations#
The Fees Regulations are amended in accordance with regulations 17 to 19.
17Amendment 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; orbb dependants of the person or the person’s spouse or civil partner; or”
18Amendment 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; orii 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;”
19Amendment 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; orii 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; orii 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; orii the application for discretionary leave, where no application for asylum was made; and”
20Amendment of the Qualifying Courses and Persons Regulations#
The Qualifying Courses and Persons Regulations are amended in accordance with regulations 21 and 22.
21Amendment 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;”.
22Amendment 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; orii 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; orii 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; orii the application for discretionary leave, where no application for asylum was made; and”
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