SL(6)631 – The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2025

Background and Purpose

Currently, existing student support and fee protection legislation relating to certain categories of eligible students, namely:
     (i) protected Ukrainian nationals, and
    (ii) persons granted leave to enter leave to enter or remain as a protected partner and
         their children,
only require a person to have been granted the relevant form of leave in order to be eligible for student support and/or fee protections - there is no requirement that the person have the relevant form of leave at that time.

These Regulations rectify this historic error by amending the relevant student support and fee protection legislation. As a result of the changes, only those who fall within the relevant eligibility and who have extant leave to enter or remain in the United Kingdom will be eligible for student support and/or fee protections (provided all other relevant criteria are met).

Procedure

Negative.

The Regulations were made by the Welsh Ministers before they were laid before the Senedd.  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.

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny  

The following point is identified for reporting under Standing Order 21.3 in respect of this instrument:

1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd

The date on which these Regulations were laid before Senedd Cymru is stated in the instrument as ”24 June 2024” [emphasis added], which appears to be an error. We ask the Welsh Government to confirm that this is the case.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

1 July 2025