SL(6)244 – The Education (Student Loans) (Repayment) (Amendment) (No.2) Regulations 2022

Background and Purpose

These  Regulations  amend  the  Education  (Student  Loans)  (Repayment)  Regulations  2009  (“the  Principal  Regulations”),  which  make  provision  for  the  repayment  of  income-contingent student loans in England and Wales.

Regulation  3(2)  makes  provision  for  a  temporary  reduction  of  the  interest  rate  on  undergraduate loans  specified  in  regulation  21A  of  the  Principal Regulations and Regulation  3(3)  makes  similar provision  in  respect  of  postgraduate  degree  loans  specified  in  Regulation  21B  of  the  Principal Regulations.

The interest rate is set at 6.3% for the period beginning with 1st September 2022 and ending with 30th November 2022. After that date, the interest rate will revert  to the original rate specified in the Principal Regulations.

Procedure

Composite Negative

The Regulations were made by both the Welsh Ministers and the Secretary of State, before being laid before both the Senedd and the United Kingdom Parliament.

The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.  The United Kingdom Parliament can also annul the Regulations, in accordance with the rules for annulment that apply to the United Kingdom Parliament.

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.

1. Standing Order 21.2(ix) – that it is not made or to be made in both English and Welsh

These Regulations have been made as a composite instrument, meaning the Regulations have been: (a) made by both the Welsh Ministers and the Secretary of State, and (b) laid before both the Senedd and the United Kingdom Parliament.  As a result, the Regulations have been made in English only.

The Explanatory Memorandum explains that:

“The 2022 Regulations are composite regulations. As this instrument will be subject to UK Parliamentary scrutiny, it is not considered reasonably practicable for it to be made or laid bilingually. Therefore, the 2022 Regulations are made in English only.”

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is not required.

Legal Advisers

Legislation, Justice and Constitution Committee

25 August 2022