Welsh Statutory Instrument 2006 No. 2828 (W.250)

The Supply Of Student Support Information To Governing Bodies (Wales) Regulations 2006

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2006 No. 2828 (W.250)

EDUCATION, WALES

The Supply Of Student Support Information To Governing Bodies (Wales) Regulations 2006

	Made	24 October 2006
	Coming into force	27 October 2006

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 45 and 47(5) of the Higher Education Act 2004[1], makes the following Regulations:

Title, commencement and application
    1.—(1) The title of these Regulations is the Supply of Student Support Information to Governing Bodies (Wales) Regulations 2006.

    (2) These Regulations come into force on 27 October 2006 and apply in relation to Wales.

Interpretation
    2.In these Regulations—

"2004 Act" ("Deddf 2004") means the Higher Education Act 2004;

"applicant" ("ymgeisydd") means a person who makes a student support application;

"applicant's sponsor" ("noddwr yr ymgeisydd") means an applicant's parent, applicant's partner or applicant's parent's partner who is required under the student support scheme[2] to provide information in connection with the applicant's student support application;

"governing body" ("corff llywodraethu") means a person falling within section 45(2)(a) of the 2004 Act;

"student support application" ("cais am gymorth i fyfyrwyr") means an application for support payable under the student support scheme for an academic year commencing on or after 1st September 2007;

"student support authority" ("awdurdod cymorth i fyfyrwyr") means—

(a) the National Assembly for Wales;

(b) any authority falling within section 45(7)(e) of the 2004 Act; and

(c) any person falling within section 45(7)(f) of the 2004 Act;

"student support information" ("gwybodaeth ar gyfer cymorth i fyfyrwyr"), in relation to a student support authority, means any information which the student support authority holds in connection with, or in consequence of, the exercise of any function relating to the operation of the student support scheme.

"student support scheme" ("cynllun cymorth i fyfyrwyr") means the provisions of regulations under section 22 of the Teaching and Higher Education Act 1998[3]; and

Supply of student support information
    3.—(1) Subject to regulation 4, a student support authority may supply student support information of a description prescribed in regulation 5 to a governing body for the purposes prescribed in paragraph (2).

    (2) The prescribed purposes are the purposes of assisting the governing body—

(a) to determine whether the applicant is eligible for a bursary (or other financial support) offered by that body and if so, the amount of bursary (or other financial support) payable to the applicant; and

(b) to pay to the applicant the amount of bursary (or other financial support) the governing body has determined to be payable to him or her.

Prescribed student support information only to be supplied with consent
    4.—(1) A student support authority may supply student support information of the description prescribed in regulation 5(a) or (c) only with the consent of the applicant.

    (2) A student support authority may supply student support information of the description prescribed in regulation 5(b) only with the consent of the applicant's sponsor.

Prescribed student support information
    5.Student support information is of the prescribed description if it is—

(a) information supplied to a student support authority by the applicant in connection with his or her student support application;

(b) information supplied to a student support authority by the applicant's sponsor in connection with the applicant's student support application;

(c) information which relates to—


(i) the applicant's status as an eligible student, eligible part-time student or eligible postgraduate student for the purposes of the student support scheme;

(ii) the applicant's qualification for financial support payable under the student support scheme;

(iii) the calculation of the amount of financial support payable to the applicant under the student support scheme; or

(iv) the amount of financial support payable to the applicant under the student support scheme.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[4]


D. Elis-Thomas
The Presiding Officer of the National Assembly

24 October 2006

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 45 of the Higher Education Act 2004 gives the National Assembly for Wales the power to make regulations providing for a student support authority to supply student support information of a prescribed description to a prescribed person for a prescribed purpose.

For the purposes of these Regulations a "student support authority" means: the National Assembly for Wales, a local authority or governing body to whom student support functions have been transferred under section 23(1) of the Teaching and Higher Education Act 1998 and a person to whom student support functions have been delegated under section 23(4) of that Act.

These regulations enable a student support authority to supply information provided in connection with an application for student support either by the student concerned or his or her sponsors to governing bodies of institutions providing courses which are designated for the purposes of the student support scheme. The Regulations also enable student support authorities to supply to governing bodies information which is derived from the application, such as whether the student is eligible within the meaning of the student support scheme or the amount of student support payable to the student under that scheme.

This information may only be supplied for the purpose of assisting governing bodies to determine whether a student who has applied for student support is eligible for a bursary (or other financial support) offered by the relevant institution and the amount of the bursary payable to that student and also, if relevant, to make the necessary payment to the student.

No information may be supplied under these Regulations without, in the case of information provided by the applicant or derived from the application, the applicant's consent or, in the case of information provided by the sponsor, the sponsor's consent.

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Notes:

[1] 2004 c. 8.back

[2] Student support scheme is defined in section 45(8) of the Higher Education Act 2004.back

[3] 1998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11, the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003 (c.14), section 147 and the Higher Education Act 2004 (c.8), section 42. Section 42 and section 43 were amended by the Education Act 2002 (c.32), Schedule 12. The functions of the Secretary of State were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004 (Commencement No. 2 and Transitional Provision) (Wales) Order 2005 (S.I. 2005/1833 (W.149) (c.79)).back

[4] 1998 c.38.back

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Cymraeg (Welsh)

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ISBN 0 11 091418 X

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