The Assembly Learning Grants (European Institutions) (Wales) Regulations 2011
| Jurisdiction | Wales |
| Citation | SI 2011/736 (W113) |
| Year | 2011 |
2011 No. 736 (W.113)
EDUCATION, WALES
The Assembly Learning Grants (European Institutions) (Wales) Regulations 2011
Made 11th March 2011
Laid before the National Assembly for Wales 14th March 2011
Coming into force 5th April 2011
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 19981and now exercisable by them2make the following Regulations:
PART 1
GENERAL
Title, commencement and application
1. The title of these Regulations is the Assembly Learning Grants (European Institutions) (Wales) Regulations 2011.
2. These Regulations come into force on 5 April 2011 and apply in relation to Wales.
Interpretation
3.—(1) In these Regulations—
“1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;
“academic authority” (“awdurdod academaidd”) means the governing body of a European institution or other body of a European institution having the functions of a governing body and includes a person acting with the authority of that body;
“applicant” (“ceisydd”) means a person who applies for support in accordance with regulation 4;
“Bologna Center” (“Canolfan Bologna”) means the graduate school for international relations established by Johns Hopkins University at Bologna;
“Bologna Center student” (“myfyriwr yng Nghanolfan Bologna”) has the meaning given in regulation 13(1);
“College of Europe” (“Coleg Ewrop”) means the university institute of postgraduate studies and training in European affairs at Bruges in Belgium and Natolin in Poland;
“College of Europe student” (“myfyriwr yng Ngholeg Ewrop”) has the meaning given in regulation 13(2);
“current course” (“cwrs cyfredol”) means the designated course in respect of which a person is applying for support;
“designated course” (“cwrs dynodedig”) has the meaning given in paragraph (2);
“eligible student” (“myfyriwr cymwys”) has the meaning given in regulation 6;
“European institution” (“sefydliad Ewropeaidd”) means either the Bologna Center or the College of Europe;
“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 specified and calculated in accordance with regulations 19 to 26;
“parent” (“rhiant”) means a natural or adoptive parent or a guardian or any other person having parental responsibility for or care of a child;
“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“P” in this definition)—
(a) who has been informed 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;
(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 20023); and
(d) who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain;
“qualifying course” (“cwrs cymhwysol”) means:
(a) a postgraduate or comparable course of at least two academic years' duration;
(b) in respect of which the applicant received a statutory award for at least two academic years (other than an award intended to assist with additional expenditure that the applicant was obliged to incur in connection with attendance on the course by reason of a disability to which the applicant 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 19514as extended by the Protocol thereto which entered into force on 4 October 19675;
“relevant date” (“dyddiad perthnasol”) means the first day of the academic year of the designated course to which the application for support relates;
“statutory award” (“dyfarniad statudol”) means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or any comparable award, grant or other financial 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 19906, the Education (Student Loans) (Northern Ireland) Order 19907, the Education (Scotland) Act 1980(8) and regulations made under those Acts or that Order, the Education (Student Support) (Northern Ireland) Order 19989and regulations made under that Order or the 1998 Act and regulations made under the 1998 Act;
“support” (“cymorth”) means financial assistance by way of grant given by the Welsh Ministers pursuant to these Regulations.
(2) A course is designated for the purposes of section 22(1) of the 1998 Act and these Regulations if it—
(a)
(a) begins on or after 1 September 2011;
(b)
(b) is a full-time postgraduate or comparable course;
(c)
(c) is of one academic year’s duration; and
(d)
(d) is provided by a European institution.
PART 2
APPLYING FOR SUPPORT AND ELIGIBILITY
Applications for support and time limits
4.—(1) An eligible student may apply for support for one academic year in connection with attendance on a designated course subject to and in accordance with these Regulations.
(2) An applicant must submit an application to the Welsh Ministers to be considered as an eligible student and for support in such form as the Welsh Ministers may require.
(3) Subject to paragraph (4), the application must reach the Welsh Ministers no later than 31 July immediately prior to the relevant date (“the application deadline”).
(4) Paragraph (3) does not apply where the Welsh Ministers consider having regard to the circumstances of the particular case that the application deadline should be relaxed, in which case the application must reach the Welsh Ministers no later than such date as they may specify to the applicant concerned in writing.
Number of Awards
5. The Welsh Ministers must ensure that the number of awards granted at any one time in an academic year under these Regulations do not exceed–
(a) one, in the case of the Bologna Center;
(b) one, in the case of the College of Europe.
Eligible Students
6.—(1) An eligible student may be awarded support for one academic year in connection with undertaking a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraph (3) and regulation 7, a person is an eligible student in connection with a designated course if in assessing the person’s application for support, the Welsh Ministers determine that the person falls within one of the categories in Part 2 of Schedule 1 and either—
(a)
(a) the academic authority of the College of Europe notifies the Welsh Ministers in writing that the person has a reasonable chance of being offered a place on that course by the College of Europe; or
(b)
(b) the academic authority of the Bologna Center nominates that person for support in writing to the Welsh Ministers.
(3) A person (“S”) is not an eligible student if—
(a)
(a) subject to paragraph (4), S has attended a qualifying course;
(b)
(b) S is in breach of an obligation to repay any loan;
(c)
(c) S has reached the age of 18 and not ratified any agreement for a loan made with S when S was under the age of 18; or
(d)
(d) S has, in the opinion of the Welsh Ministers, shown by S’s conduct that S is unfit to receive support.
(4) Paragraph (3)(a) does not apply where the Welsh Ministers determine that having regard to the particular circumstances of S’s case it is appropriate to award S support in connection with the current course despite S having attended a qualifying 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)
(a) before 25 September 1991;
(b)
(b) with the concurrence of S’s curator or at a time when S had no curator.
Student’s eligibility
7.—(1) A person’s status as an eligible student in connection with a designated course (“student’s eligibility”) terminates at the end of the academic year in respect of which support was awarded or sooner in accordance with paragraphs (2) to (6).
(2) The student’s eligibility terminates when the student—
(a)
(a) withdraws from the designated course in circumstances in which the Welsh Ministers are not required to transfer the student’s status as an eligible student in accordance with regulation 8(1); or
(b)
(b) abandons or is expelled from the designated course.
(3) A student’s eligibility terminates on the day before the relevant date where—
(a)
(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 (“T” in this paragraph) was an eligible student in connection with an application for support for a designated course at the same European institution from which T’s status as an eligible student has been transferred to the current course; and
(b)
(b)...
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