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Education (Fees and Awards) Act 1983

1983 CHAPTER 40 cross-notesI1

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 [F16section 485 of the Education Act 1996F16] 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)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1Act amended by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 163(1) , 231(7) , 235(6)
C2Act modified by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 231(7) , 235(6) , 236(2)(a)
C3Act 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)
C4Education 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
C5Act (except s. 1): certain functions transferred (1.7.1999) by S.I. 1999/672 , art. 2 , Sch. 1
C6Act applied (E.W.) (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397) , Sch. 2 para. 2
C7Act modified (7.4.2005) by Education Act 2005 (c. 18) , s. 96(2)
C8Education 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)
C9S. 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
C10S. 3(2) excluded by S.I. 1983/1215 , art. 2(3)
C11S. 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)
C12S. 3(2) excluded (W.) (31.8.2007) by Education (Fees and Awards) (Wales) Regulations 2007 (S.I. 2007/2310) , regs. 1(2) , 2(2)
C13S. 3(2) excluded (S.) (1.8.2012) by The Education (Fees) (Scotland) Regulations 2011 (S.S.I. 2011/389) , regs. 1(1) , 2(2)
F1S. 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
F2S. 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. 3substituted
F3Words 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. 1substituted
F4S. 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. 3inserted
F5S. 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. 1inserted
F6Words 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. 4inserted
F7S. 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. 9substituted
F8Words 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. 2substituted
F9S. 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 Walesomitted
F10S. 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. IIthis amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F11Words 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
F12Words 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. 2substituted
F13Words in s. 1(3)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20) , s. 115(3)(g) , Sch. 14 para. 33omitted
F14Words 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 Walessubstituted
F15S. 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
F16Words 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
F17Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1) , ss. 231(7) , 235(6) , 237(1) , Sch. 12 para. 91(4)inserted
F18Words 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
F19S. 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 1this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F20S. 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
I1Act wholly in force at Royal Assent
M11980 c. 44 .
P1S.2 : s. 1 (with s. 2):power exercised by S.I. 1991/830 : S.I. 1991/834
P2S. 2 : s. 1 (with s. 2) power exercised by S.I. 1991/1839
Defined TermSection/ArticleIDScope of Application
feess. 1legTermfsHc19Eg
public fundss. 1legTermvs2SvTEd
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.
  • 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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