Education (Fees and Awards) Act 1983

1983 CHAPTER 40

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.

(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;

(b) any institution within the higher education sector ; and

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

(ca) any institution within the higher education sector

(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)

(i) which is administered by an education authority. ; 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.

(e) any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial 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;

(ee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) any institution which receives funding from the Secretary of State ... (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 Welsh Ministers or the Commission for Tertiary Education and Research (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.

(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.

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

(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.

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

2 Discretionary awards.

(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—

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

(b) 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.

(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.

footnote	commentary	related provisions	geo extent	insert/omit
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	legTermkUmqVGo2
public funds	s. 1	legTermSbtamFyk

Defined Term

Section/Article

Scope of Application

fees

s. 1

legTermkUmqVGo2

public funds

s. 1

legTermSbtamFyk

Changes that affect	Made by
Education (Fees and Awards) Act 1983	1983 c. 40	s. 1(3)(e)	words substituted	Education Act 2011	2011 c. 21	Sch. 5 para. 5	See note
Education (Fees and Awards) Act 1983	1983 c. 40	s. 1(3)(f)	words substituted	Education Act 2011	2011 c. 21	Sch. 16 para. 5	See note
Education (Fees and Awards) Act 1983	1983 c. 40	s. 2(3)	words substituted	The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010	2010 No. 1158	Sch. 4 para. 5(1) para. 5(2)(c)	See note
Education (Fees and Awards) Act 1983	1983 c. 40	s. 1(6)	repealed	Education Act 2002	2002 c. 32	Sch. 21 para. 5 Sch. 22 Pt. 3	See note

Changes that affect

Made by

Sort descending by Changed Legislation

Sort descending by Year and Number

Changed Provision

Type of effect

Sort descending by Affecting Legislation Title

Sort descending by Year and Number

Affecting Provision

Sort descending by Changes made to website text

Note

Education (Fees and Awards) Act 1983