Statutory Instruments
2010 No. 3020
Education, England
The Higher Education (Higher Amount) (England) Regulations 2010
Made
22nd December 2010
Coming into force
1st September 2012
The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 24(6) and 47 of the Higher Education Act 2004( 1 ).
In accordance with section 26(2)(b)(ii) of the Act each House of Parliament has passed a resolution that, with effect from the 1st September 2012, the higher amount should be increased to £9,000, and to £4,500 in relation to specified courses in regulation 5.
Citation, commencement and application
1. —(1) These Regulations may be cited as the Higher Education (Higher Amount) (England) Regulations 2010 and come into force on 1st September 2012.
(2) These Regulations apply in relation to England.
Interpretation
2. In these Regulations—
“the 2004 Act” means the Higher Education Act 2004;
“overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man;
“sandwich course” has the meaning given in regulation 2(10) of the Education (Student Support) Regulations 2009( 2 ).
Application of the new higher amount
3. The higher amounts prescribed in regulations 4 and 5 apply in relation to the qualifying fees payable by a qualifying person in connection with undertaking a qualifying course where the first academic year of that course begins on or after 1st September 2012.
Prescribed higher amount from 1st September 2012
4. Subject to regulation 5, for the purpose of section 24 of the 2004 Act the higher amount is £9,000.
Prescribed higher amount for specified courses from 1st September 2012
5. For the purpose of section 24 of the 2004 Act the higher amount is £4,500 in the following cases—
(a) the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks’ attendance;
(b) in respect of a sandwich course, an academic year—
(i) during which any periods of full time study are in aggregate less than 10 weeks; or
(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
(c) in respect of a course provided in conjunction with an overseas institution, an academic year—
(i) during which any periods of full time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or
(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.
Amendment to the Student Fees (Amounts) (England) Regulations 2004
6. —(1)The Student Fees (Amounts) (England) Regulations 2004( 3 ) are amended as follows—
(2) After regulation 5 insert—
“ Application of regulations 4 and 5 from 1st September 2012
6. The higher amounts in regulations 4 and 5 do not apply in relation to the qualifying fees payable by a qualifying person in connection with undertaking a qualifying course where the first academic year on that course begins on or after 1st September 2012. ” .
Vince Cable
Secretary of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
22nd December 2010
2004 c.8 .
S.I. 2009/1555 , amended by S.I. 2010/2546 .
S.I. 2004/1932 , as amended by S.I. 2009/3113 .