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Education (Fees and Awards) Act 1983

1983 CHAPTER 40 cross-notes I1

An Act to make provision with respect to the fees charged by universities and other institutions to students not having the requisite connection with the United Kingdom, the Channel Islands or the Isle of Man and the exclusion of such students from eligibility for certain discretionary awards.

[13th May 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Fees at universities and further education establishments. cross-notes

(1) The Secretary of State may, as respects any institutions to which this section applies, make regulations requiring or authorising the charging of fees which are higher in the case of students not having such connection with the United Kingdom or any part of it as may be specified in the regulations than in the case of students having such a connection.

(2) The regulations may provide for exceptions and make different provision for different cases or purposes.

(3) This section applies to—

(a) any university, university college, or college school, hall or other institution of a university;

[[F1,F2 (b) any institution within the higher education sector F2] ; and

(c) any institution which provides higher education or further education (or both) and is either maintained by a [F3 local authority F3] or falls within subsection (3A) below; and

F4 (ca) any institution within the higher education sector

F5 (cb) any designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992; and

(d) any further education institution in Scotland (i)

[F6 (i) F6] which is administered by an education authority. [F6 ; or

(ii) which is a college of further education for which there is a board of management established under Part I of the Further and Higher Education (Scotland) Act 1992. F6,F1]]

[F7 (e) any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial [F8 assistance—

(i) from the Secretary of State or the Welsh Ministers under section 14 of the Education Act 2002, or

(ii) from a person who is receiving financial assistance under that section; F8]

F9 (ee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7]

[F10 (f) any institution which receives funding from the [[F11,F12 Secretary of State F12] F13 ... F11] (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations;

(g) any institution which receives funding from the [F14 Welsh Ministers or the Commission for Tertiary Education and Research F14] (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations. F10]

[F15 (3A) An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified. F15]

(4) M1 In this section “ fees ” includes charges however described (including charges for board and lodging) and “ public funds ” means assistance from a [F3 local authority F3] or, in Scotland, an education authority or grants under [F16 section 485 of the Education Act 1996 F16] or section 73 of the Education (Scotland) Act 1980 [F17 and expressions used in this section and in the [F18 the 1996 Act F18] have the same meaning as in that Act. F17] .

(5) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

F19 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Discretionary awards. P1,P2

(1) The Secretary of State may, as respects any awards to which this section applies, make regulations authorising the adoption of rules of eligibility which confine the awards to persons having such connection with the United Kingdom or any part of it as may be specified in the regulations.

(2) The regulations may provide for exceptions and make different provision for different cases or purposes.

(3) This section applies to—

F20 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F20 such . . . awards (however described) as may be specified by the regulations, being awards in connection with courses of education or training or the undertaking of research.

(4) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

3 Short title interpretation and extent. cross-notes

(1) This Act may be cited as the Education (Fees and Awards) Act 1983.

(2) In sections 1 and 2 above references to the United Kingdom include references to the Channel Islands and the Isle of Man.

(3) This Act does not extend to Northern Ireland.

Status: There are currently no known outstanding effects for the Education (Fees and Awards) Act 1983.
Education (Fees and Awards) Act 1983 (1983/40)
Version from: 1 August 2024

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 Act amended by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 163(1) , 231(7) , 235(6)
C2 Act modified by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 231(7) , 235(6) , 236(2)(a)
C3 Act applied (Canterbury and York except Channel Islands and Isle of Man) (26.7.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1) , s. 7(3) ; Archbishops' Instrument 1991 No. 1 (made 26.7.1991)
C4 Education Acts explained (6. 5. 1992) (re. certain references) by Further and Higher Education Act 1992 (c. 13) , s. 1(6) ; S.I. 1992/831 , art. 2 , Sch.1
C5 Act (except s. 1): certain functions transferred (1.7.1999) by S.I. 1999/672 , art. 2 , Sch. 1
C6 Act applied (E.W.) (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397) , Sch. 2 para. 2
C7 Act modified (7.4.2005) by Education Act 2005 (c. 18) , s. 96(2)
C8 Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40) , s. 188(3) , Sch. 6 para. 3(3) ; S.I. 2007/935 , art. 5(bb)
C9 S. 1: transfer of functions (8.6.2006) by National Assembly for Wales (Transfer of Functions) Order 2006 (S.I. 2006/1458) , arts. 1(2) , 2 , 3
C10 S. 3(2) excluded by S.I. 1983/1215 , art. 2(3)
C11 S. 3(2) excluded (S.) (1.8.2007) by Education (Fees and Awards) (Scotland) Regulations 2007 (S.S.I. 2007/152) , regs. 1(1) , 2(2)
C12 S. 3(2) excluded (W.) (31.8.2007) by Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310) , regs. 1(2) , 2(2)
C13 S. 3(2) excluded (S.) (1.8.2012) by The Education (Fees) (Scotland) Regulations 2011 (S.S.I. 2011/389) , regs. 1(1) , 2(2)
F1 S. 1(3)(b)(c)(d) substituted by Education Reform Act 1988 (c. 40, SIF 41:1) , 231(7), 235(6), 237(1), Sch. 12 para. 91(2) substituted
F2 S. 1(3)(b) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13) , s. 93(1) , Sch. 8 , Pt. I , para. 19(a) ; S.I. 1992/831 , art. 2 , Sch. 3 substituted
F3 Words in s. 1 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , art. 1 , Sch. 2 para. 1 substituted
F4 S. 1(3)(ca) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13) , s. 93(1) , Sch. 8 , Pt. I , para. 19(b) ; S.I. 1992/831 , art. 2 , Sch. 3 inserted
F5 S. 1(3)(cb) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37) , s. 62(2) , Sch. 9 , para. 8(1)(2) ; S.I. 1992/817 , art. 3(2) , Sch. 1 inserted
F6 Words in s. 1(3)(d) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37) , s. 62(2) , Sch. 9 , para. 8(3)(a)(b) ; S.I. 1992/817 , art. 3(2) , Sch. 4 inserted
F7 S. 1(3)(e)(ee) substituted for s. 1(3)(e) (1.9.2005) by Education Act 2005 (c. 18) , s. 125(3)(a) , Sch. 14 para. 9 substituted
F8 Words in s. 1(3)(e) substituted (1.4.2012) by Education Act 2011 (c. 21) , s. 82(3) , Sch. 5 para. 5 ; S.I. 2012/924 , art. 2 substituted
F9 S. 1(3)(ee) omitted (E.W.) (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 2(2)(a) (with s. 19 ); S.I. 2024/806 , art. 2(k)(i) (with art. 28 ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted: England and Wales omitted
F10 S. 1(3)(f)(g) inserted (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21 , ss. 149 , 154 , Sch. 9 para. 11 (with s. 150 ); S.I. 2001/654 , art. 2(2) , Sch. Pt. II this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F11 Words in s. 1(3)(f) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a) , Sch. 1 para. 12 (with art. 2(3) ) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F12 Words in s. 1(3)(f) substituted (1.4.2012) by Education Act 2011 (c. 21) , s. 82(3) , Sch. 16 para. 5 ; S.I. 2012/924 , art. 2 substituted
F13 Words in s. 1(3)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20) , s. 115(3)(g) , Sch. 14 para. 33 omitted
F14 Words in s. 1(3)(g) substituted (E.W.) (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 2(2)(b) (with s. 19 ); S.I. 2024/806 , art. 2(k)(i) (with art. 28 ) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted: England and Wales substituted
F15 S. 1(3A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 231(7) , 235(6) , 237(1) , Sch. 12 para. 91(3) inserted
F16 Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56 , ss. 582(1) , 583(2) , Sch. 37 Pt. 1 para. 57(a) . substituted
F17 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 231(7) , 235(6) , 237(1) , Sch. 12 para. 91(4) inserted
F18 Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56 , ss. 582(1) , 583(2) , Sch. 37 Pt. 1 para. 57(b) . substituted
F19 S. 1(6) repealed (6.11.2006 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32) , s. 216(4) , Sch. 21 para. 5 , Sch. 22 Pt. 3 (with ss. 210(8) , 214(4) ); S.I. 2006/2895 , art. 2 ; S.I. 2007/3611, Sch. Pt 1 this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed: England repealed
F20 S. 2(3)(a) and words in s. 2(3)(b) repealed (1.1.1999) by 1998 c. 30 , s. 44(2) , Sch.4 (with s. 42(8) ); S.I. 1998/3237 , art.2(1) (with arts. 3 , 4 ) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
I1 Act wholly in force at Royal Assent
M1 1980 c. 44 .
P1 S.2 : s. 1 (with s. 2):power exercised by S.I. 1991/830 : S.I. 1991/834
P2 S. 2 : s. 1 (with s. 2) power exercised by S.I. 1991/1839
Defined Term Section/Article ID Scope of Application
fees s. 1 def_9bdda76f7f
public funds s. 1 def_260d8c5c91
  • The Education (Fees and Awards) (Amendment No. 2) (England) Regulations 2000 (2000/2945)
  • The Education (Fees and Awards) (Amendment) (England) Regulations 2000 (2000/2192)
  • The Education (Fees and Awards) (England) Regulations 2007 (2007/779)
  • The Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011 (2011/1987)
  • The Education (Student Fees and Support) (Switzerland) Regulations 2003 (2003/3280)
  • The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (2020/1203)
  • The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (2019/142)
  • The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (2020/1181)
  • The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 (2007/2263)
  • The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (2021/929)
  • The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (2022/534)
  • The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (2024/669)
  • The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (2021/1348)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2007 (2007/1336)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 (2011/87)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (2012/1653)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016 (2016/584)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (2017/114)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (2018/137)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (2021/127)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (2022/57)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (2023/74)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (2024/85)
  • The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (2025/162)

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