Citation, commencement and application_I1

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_I2

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_I3

3.[^F1—(1)^F1] The higher amounts prescribed in [^F2regulations 4, 5 and 5A^F2] 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 [^F3except where—

(a)the qualifying person is an end-on student; or

(c)the qualifying person transfers from a qualifying course beginning before 1st September 2012 to a qualifying course beginning on or after 1st September 2012.^F3]

[^F4 (2) In this regulation—

“designated distance learning course” has the same meaning as in regulation 122 of the Student Support Regulations ;

“distance learning course” has the same meaning as in regulation 2(1) of the Student Support Regulations ;

“end-on student” means a qualifying person who is undertaking—

“the Student Support Regulations ” means the Education (Student Support) Regulations 2011 .

“transfer” means that the qualifying person’s status as a student eligible for support has been transferred under regulations made under section 22 of the Teaching and Higher Education Act 1998 from a full-time course to another full-time course, a part-time course to another part-time course or a designated distance learning course to another designated distance learning course. ^F4]

Prescribed higher amount from 1st September 2012_I4

4. Subject to [^F5regulations 5 and 5A^F5] , 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_I5

[^F6 5.—(1) For the purpose of section 24 of the 2004 Act the higher amount is―

(a)£4,500, in respect of the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b)£1,800, in respect of an academic year of a sandwich course―

(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)£1,350, in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus 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; and

(d)£1,350, in respect of an Erasmus year.

(2) In this regulation, “Erasmus year” has the same meaning as in regulation 2(1) of the Education (Student Support) Regulations 2011 , insofar as that definition applies to these Regulations. ^F6]

[^F7Prescribed higher amount for part-time courses from 1st September 2012

5A. For the purpose of section 24 of the 2004 Act the higher amount is £6,750 in respect of a part-time course.^F7]

Amendment to the Student Fees (Amounts) (England) Regulations 2004_I6

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.”.