Citation, commencement and application

1. These Regulations may be cited as the Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018 and come into force on the day after the day on which they are made.

2. These Regulations apply to English higher education providers .

Interpretation

3. In these Regulations—

“ academic year ” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“ the Act ” means the Higher Education and Research Act 2017;

“AY 2020/21” means an academic year commencing on or after 1st August 2020 and before 1st August 2021;

“ Erasmus year ” has the same meaning as in regulation 2(1) of the Student Support Regulations;

“ overseas provider ” means a provider other than one in the United Kingdom, the Channel Islands or the Isle of Man;

“ sandwich course ” has the same meaning as in regulation 2(10) of the Student Support Regulations;

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

Higher, basic and floor amounts: general

4. —(1) In these Regulations—

(a) regulations 5 to 7 , 11 and 11A prescribe higher amounts for the purposes of paragraph 2(2)(a) of Schedule 2 to the Act;

(b) regulations 8 to 11A prescribe basic amounts for the purposes of paragraph 3(2)(a) of that Schedule;

(c) regulations 5 to 11A prescribe floor amounts, in respect of the higher or basic amounts to which they relate, for the purposes of paragraphs 2 and 3 of that Schedule;

(d) the amounts prescribed by regulations 5 to 10 do not apply in a case to which regulations 11 and 11A apply .

(2) The amounts prescribed by these Regulations apply in respect of an academic year of a course where that academic year begins on or after 1st August 2019, whether or not the course began before that date.

Higher and floor amounts from 1st August 2019: general

5. Except as otherwise provided in regulations 6, 6A, 7, 11 and 11A —

(a) the higher amount is £9,250;

(b) the floor amount in respect of that higher amount is £9,000.

Higher and floor amounts for specified cases from 1st August 2019

6. —(1) In respect of the final academic year of any course, if that academic year is normally required to be completed after less than 15 weeks' attendance—

(a) the higher amount is £4,625;

(b) the floor amount in respect of that higher amount is £4,500.

(2) The higher amount and the floor amount in paragraph (3) are prescribed in respect of an academic year of a sandwich course—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) 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 provider (disregarding intervening vacations) exceeds 30 weeks.

(3) Further to paragraph (2)—

(a) the higher amount is £1,850;

(b) the floor amount in respect of that higher amount is £1,800.

(4) In respect of an Erasmus year—

(a) the higher amount is £1,385;

(b) the floor amount in respect of that higher amount is £1,350.

(5) The higher amount and the floor amount in paragraph (6) are prescribed in respect of an academic year of a course (which is not an Erasmus year) provided in conjunction with an overseas provider—

(a) during which any periods of full-time study at the provider in the United Kingdom are in aggregate less than 10 weeks; or

(b) 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 provider in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(6) Further to paragraph (5)—

(a) the higher amount is £1,385;

(b) the floor amount in respect of that higher amount is £1,350.

Reduced higher and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 2022

6A.—(1) The higher and floor amounts set out in regulations 5 and 6 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—

(a) on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and

(b) the number of students to which that level applies is exceeded by that higher education provider in AY 2020/21.

(2) The reduction of higher and floor amounts referred to in paragraph (1) is—

(a) 3% where the level is exceeded but not by more than 6%;

(b) 9% where the level is exceeded by more than 6% but not more than 12%;

(c) 15% where the level is exceeded by more than 12%.

Higher and floor amounts for part-time courses from 1st August 2019

7. For any part-time course—

(a) the higher amount is £6,935;

(b) the floor amount in respect of that higher amount is £6,750.

Basic and floor amounts from 1st August 2019

8. Except as otherwise provided in regulations 9 to 11A —

(a) the basic amount is £6,165;

(b) the floor amount in respect of that basic amount is £6,000.

Basic and floor amounts for specified cases from 1st August 2019

9. —(1) In respect of the final academic year of any course, if that academic year is normally required to be completed after less than 15 weeks' attendance—

(a) the basic amount is £3,080;

(b) the floor amount in respect of that basic amount is £3,000.

(2) The basic amount and the floor amount in paragraph (3) are prescribed in respect of an academic year of a sandwich course—

(a) during which any periods of full-time study are in aggregate less than 10 weeks; or

(b) 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 provider (disregarding intervening vacations) exceeds 30 weeks.

(3) Further to paragraph (2)—

(a) the basic amount is £1,230;

(b) the floor amount in respect of that basic amount is £1,200.

(4) In respect of an Erasmus year—

(a) the basic amount is £920;

(b) the floor amount in respect of that basic amount is £900.

(5) The basic amount and the floor amount in paragraph (6) are prescribed in respect of an academic year of a course (which is not an Erasmus year) provided in conjunction with an overseas provider—

(a) during which any periods of full-time study at the provider in the United Kingdom are in aggregate less than 10 weeks; or

(b) 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 provider in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(6) Further to paragraph (5)—

(a) the basic amount is £920;

(b) the floor amount in respect of that basic amount is £900.

Reduced basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 2022

9A.—(1) The basic and floor amounts set out in regulations 8 and 9 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—

(a) on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and

(b) the number of students to which that level applies is exceeded by that higher education provider in AY 2020/21.

(2) The reduction of basic and floor amounts referred to in paragraph (1) is—

(a) 3% where the level is exceeded but not by more than 6%;

(b) 9% where the level is exceeded by more than 6% but not more than 12%;

(c) 15% where the level is exceeded by more than 12%.

Basic and floor amounts for part-time courses from 1st August 2019

10. For any part-time course—

(a) the basic amount is £4,625;

(b) the floor amount in respect of that basic amount is £4,500.

Higher, basic and floor amounts from 1st August 2019: courses starting before 1st September 2012, transferring students and end-on students

11. —(1) This regulation applies if—

(a) the course began before 1st September 2012;

(b) the student is an end-on student; or

(c) the student has transferred from a full-time course which began before 1st September 2012 to another full-time course beginning on or after 1st September 2012 and the student's status as a person eligible for support has been transferred from the earlier course to the later course under regulations made under section 22 of the Teaching and Higher Education Act 1998 .

(2) Except in a specified case—

(a) the higher amount and the floor amount in respect of that higher amount are both £3,465;

(b) the basic amount and the floor amount in respect of that basic amount are both £1,380.

(3) In a specified case—

(a) the higher amount and the floor amount in respect of that higher amount are both £1,725;

(b) the basic amount and the floor amount in respect of that basic amount are both £680.

(4) In this regulation—

“ end-on student ” means a student who is undertaking a full-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

“ specified case ” means—

Reduced higher, basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 2022

11A.—(1) The higher, basic and floor amounts set out in regulation 11 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—

(a) on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and

(b) the number of students to which that level applies is exceeded by that higher education provider in AY 2020/21.

(2) The reduction of higher, basic and floor amounts referred to in paragraph (1) is—

(a) 3% where the level is exceeded but not by more than 6%;

(b) 9% where the level is exceeded by more than 6% but not more than 12%;

(c) 15% where the level is exceeded by more than 12%.

Amendments to the Higher Education (Fee Limit Condition) (England) Regulations 2017

12.The Higher Education (Fee Limit Condition) (England) Regulations 2017 are amended as follows.

13. After regulation 1, insert—

“ 1A. These Regulations apply to English higher education providers. ” .

14. In regulation 2 (interpretation)— after the definition of “academic year”, insert—

“ (ba) “ allied health profession subject ” means chiropody, a dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy or speech and language therapy;

(bb) “ dental profession subject ” means dental hygiene, dental therapy and dental hygiene or dental therapy;

(bc) “ pre-registration course ” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course and which qualification is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i) the Health and Care Professions Council, for operating department practice and allied health profession subjects other than dental profession subjects;

(ii) the Nursing and Midwifery Council, for midwifery or nursing;

(iii) the General Dental Council, for dental profession subjects;

(iv) the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work; ” .

15. In regulation 5(3) (qualifying person: exceptions), for sub-paragraph (d) substitute—

“ (d) a qualification is not an equivalent or lower qualification where—

(i) it relates to a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(ii) that course commenced on or after 1st August 2017 (or in the case of a course in a dental profession subject, commences on or after 1st August 2018); and

(iii) the qualification falls within sub-paragraph (da);

(da) a qualification falls within this sub-paragraph if—

(i) it leads to an ordinary or an honours degree;

(ii) in respect of a course in a dental profession subject, it leads to an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii) in respect of a course in operating department practice, it leads to an ordinary degree, an honours degree or a diploma; ” .

16. In regulation 6(2)(b) (qualifying person: effect of event during academic year), after “becomes”, insert “ a person granted stateless leave or ” .

17. In regulation 7, after paragraph 1, insert—

“ (1A) Paragraph (2) applies only where the first academic year (as defined in regulation 2(b)) of a course begins on or after 1st September 2019. ” .

18. In the Schedule—

(a) in paragraph 1(1) (interpretation: general), after the definition of “overseas territories”, insert—

“ “ parent ” means a parent, guardian or any other person having parental responsibility for a child, and “ child ” is to be construed accordingly;

“ person granted stateless leave ” means a person who—

(a) has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

(b) has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave; ” ;

(b) in paragraph 2(5) (interpretation: ordinarily resident) omit paragraph (a);

(c) in paragraph 3(1) (persons who are settled in the United Kingdom), before the first reference to “academic year” insert “ first ” ;

(d) after paragraph 5, insert—

“ Persons granted stateless leave and their family members

5A. —(1) A person granted stateless leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(b) has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding that date.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of the person granted stateless leave;

(b) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of the person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of the person granted stateless leave;

(b) who was under 18 years of age on the leave application date;

(c) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “ leave application date ” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971). ” ;

(e) in paragraph 10(3) (EU nationals), for the phrase “resident territory”, substitute “ relevant territory ” .