The Education (European University Institute) (Wales) Regulations 2014
| Year | 2014 |
2014No. 3037 (W. 303)
EDUCATION, WALES
The Education (European University Institute) (Wales) Regulations 2014
12November2014
14November2014
5December2014
The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998( 1), and now exercisable by them( 2) make the following Regulations:
PART 1
GENERAL
Title, commencement, application and interpretation
1. The title of these Regulations is the Education (European University Institute) (Wales) Regulations 2014 and they come into force on 5 December 2014.
2. These Regulations apply in relation to Wales.
3. In these Regulations-
"1998 Act" ("Deddf 1998") means the Teaching and Higher Education Act 1998;
"academic authority" ("awdurdod academaidd") means in, relation to the Institute, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
"current course" ("cwrs cyfredol") means the designated course in respect of which a person is applying for support or to be recognised as an eligible student;
"electronic signature" ("llofnod electronig") is so much of anything in electronic form as-
(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
"eligible student" ("myfyriwr cymwys") has the meaning given by regulation 6;
"European Union" ("Undeb Ewropeaidd") means the territory comprised by the Member States of the European Union as constituted from time to time;
"grants for living and other costs" ("grantiau at gostau byw a chostau eraill") means the grants payable under regulation 15;
"the Institute" ("yr Athrofa") means the European University Institute;
"person with leave to enter or remain" ("person sydd a chaniatad i ddod i mewn neu i aros") means a person ("A" in this definition)-
(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;
(b) who has been granted leave to enter or remain accordingly;
(c) whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002( 3)); and
(d) who has been ordinarily resident in the United Kingdom and Islands throughout the period since A was granted leave to enter or remain;
"qualifying course" ("cwrs cymwys") means a course-
(a) which is-
(i) a postgraduate or comparable course; and
(ii) of at least two academic years' duration; and
(b) in respect of which the student received, for at least two academic years of the course, a statutory award other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with attendance on the course by reason of a disability to which the student is or was subject;
"refugee" ("ffoadur") means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951( 4) as extended by the Protocol thereto which entered into force on 4 October 1967( 5);
"relevant date" ("dyddiad perthnasol") means 1 February of the calendar year in which the academic year of the current course begins;
"statutory award" ("dyfarniad statudol") means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962( 6), or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
"student loans legislation" ("y ddeddfwriaeth ar fenthyciadau i fyfyrwyr") means the Education (Student Loans) Act 1990( 7), the Education (Student Loans) (Northern Ireland) Order 1990( 8), the Education (Scotland) Act 1980( 9) and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998( 10) and regulations made thereunder or the 1998 Act and regulations made thereunder;
"supplementary grants" ("grantiau atodol") means the grants payable under Chapter 2 of Part 4.
Revocation
4. The following Regulations are revoked on 5 December 2014-
(a) The Assembly Learning Grants (European University Institute) (Wales) Regulations 2009( 11);
(b) the Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010( 12).
PART 2
APPLYING FOR SUPPORT AND ELIGIBILITY
Applications
5. (1) Unless a person seeking support under these Regulations is already an eligible student by virtue of regulation 6(8), that person must submit an application to be considered as an eligible student and an application for support in such form as the Welsh Ministers may require to the Institute by the application deadline.
(2) Where a person ("A" in this paragraph) seeking support under these Regulations is already an eligible student by virtue of regulation 6(8), A must notify the Welsh Ministers in writing by the application deadline that A wishes to apply for support under these Regulations.
(3) Subject to paragraph (4), the application deadline is 31 January of the calendar year in which the academic year of the current course begins.
(4) The Welsh Ministers may extend the application deadline if they consider that the circumstances of the case warrant it.
Eligible students
6. (1) An eligible student qualifies for financial support in connection with attendance on a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course at the Institute if-
(a) the academic authority notifies the Welsh Ministers in writing that the person has a reasonable chance of being offered a place on that course by the academic authority; and
(b) the Welsh Ministers determine in connection with an application for support under these Regulations that the person falls within one of the categories in Part 2 of Schedule 1.
(3) A person ("A" in this paragraph) is not an eligible student if-
(a) subject to paragraph (4), A has attended a qualifying course;
(b) A is in breach of an obligation to repay any loan;
(c) A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or
(d) A has, in the opinion of the Welsh Ministers, shown by A's conduct that A is unfitted to receive support.
(4) Paragraph (3)(a) does not apply where the person has attended a qualifying course but the Welsh Ministers have determined that having regard to the particular circumstances of that person's case it is appropriate to pay that person support in connection with the current course.
(5) For the purposes of paragraph (3)(b) and (c), "loan" ("benthyciad") means a loan made under the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made-
(a) before 25 September 1991; and
(b) with the concurrence of the borrower's curator or at a time when the borrower had no curator.
(7) An eligible student in respect of whom the first academic year of the course begins on or after 1 September 2000 does not, at any one time, qualify for support for more than one designated course.
(8) Despite paragraphs (2) and (3) and subject to paragraphs (9) and (10), a person ("A" in this paragraph) is an eligible student in connection with a designated course at the Institute if-
(a) A qualified as an eligible student in connection with-
(i) an earlier academic year of the current course; or
(ii) a designated course that A attended at the Institute and from which A's status as an eligible student was transferred to the current course; and
(b) A's status as an eligible student has not terminated.
(9) Where-
(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person ("A" in this paragraph) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the Institute from which A's status as an eligible student has been transferred to the current course; and
(b) the refugee status of A or of A's spouse, civil partner, parent or step-parent, as the case may be, is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A's status as an eligible student terminates on the day before the first day of the academic year in respect of which A is applying for support.
(10) Where-
(a) the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person ("A" in this paragraph) was an eligible...
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