Citation, commencement and application

1. These Regulations may be cited as the Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019 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 in the case of accelerated courses: general

4. —(1) Subject to paragraph (2), in these Regulations—

(a) regulations 5 , 6 and 6A prescribe higher amounts for the purposes of paragraph 2(2)(a) of Schedule 2 to the Act in the case of an accelerated course ;

(b) regulations 7 , 8 and 8A prescribe basic amounts for the purposes of paragraph 3(2)(a) of that Schedule in the case of an accelerated course;

(c) regulations 5 to 8A 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 in the case of an accelerated course.

(2) The amounts prescribed by these Regulations shall only apply in respect of an academic year of an accelerated course where the first academic year of that accelerated course begins on or after 1st August 2019.

Higher and floor amounts: general

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

(a) the higher amount is £11,100;

(b) the floor amount in respect of that higher amount is £10,800.

Higher and floor amounts for specified cases

6. —(1) The higher amount and the floor amount in paragraph (2) 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.

(2) Further to paragraph (1)—

(a) the higher amount is £2,220;

(b) the floor amount in respect of that higher amount is £2,160.

(3) In respect of an Erasmus year—

(a) the higher amount is £1,660;

(b) the floor amount in respect of that higher amount is £1,620.

(4) The higher amount and the floor amount in paragraph (5) 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.

(5) Further to paragraph (4)—

(a) the higher amount is £1,660;

(b) the floor amount in respect of that higher amount is £1,620.

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 whom 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%.

Basic and floor amounts: general

7. Except as otherwise provided in regulations 8 and 8A —

(a) the basic amount is £7,400;

(b) the floor amount in respect of that basic amount is £7,200.

Basic and floor amounts for specified cases

8. —(1) The basic amount and the floor amount in paragraph (2) 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.

(2) Further to paragraph (1)—

(a) the basic amount is £1,475;

(b) the floor amount in respect of that basic amount is £1,440.

(3) In respect of an Erasmus year—

(a) the basic amount is £1,105;

(b) the floor amount in respect of that basic amount is £1,080.

(4) The basic amount and the floor amount in paragraph (5) 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.

(5) Further to paragraph (4)—

(a) the basic amount is £1,105;

(b) the floor amount in respect of that basic amount is £1,080.

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

8A.—(1) The basic and floor amounts set out in regulations 7 and 8 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 whom 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%.