SL(6)747 – The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2026
Background and Purpose
These Regulations amend various Regulations which make provision relating to student finance. The changes made by these Regulations:
1. extend the definition of a “person with leave to enter or remain as a relevant Afghan citizen” to enable persons who have indefinite leave to enter or remain in the UK granted via the Afghanistan Response Route[1] to become eligible for student support and fee protections; and
2. update the wording of that definition to clarify that such persons are required to have existing leave to enter or remain in the UK in order to be eligible for student support.
Procedure
Senedd annulment procedure.
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
The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.
1. Standing Order 21.2(vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts.
There is an inconsistency in the Welsh text of regulation 5 referring to the same provision in regulation 2(1) of the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018.
In both language texts, the descriptions of the amendments are different in order to achieve the same legal effect. However regulation 5(a), in the Welsh text, refers to an amendment to “sub-paragraph (b)” which should refer to “paragraph (b)” of the definition of “person with leave to enter or remain as a relevant Afghan citizen”. As a result, the same provision in that definition is described differently in the Welsh text of regulation 5(a) when compared with regulation 5(b) and (c), where it is correctly referred to as “paragraph (b)” when making other amendments to that provision.
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 required.
Legal Advisers
Legislation, Justice and Constitution Committee
18 February 2026