Statutory Instruments
2026 No. 497 (C. 41)
EDUCATION, ENGLAND
The Lifelong Learning (Higher Education Fee Limits) Act 2023 (Commencement and Saving Provision) Regulations 2026
Made
11th May 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 3(2), (3) and (5) of the Lifelong Learning (Higher Education Fee Limits) Act 2023(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Lifelong Learning (Higher Education Fee Limits) Act 2023 (Commencement and Saving Provision) Regulations 2026.
(2) In these Regulations—
“ the 2017 Act ” means the Higher Education and Research Act 2017 ( 2 );
“ the 2023 Act ” means the Lifelong Learning (Higher Education Fee Limits) Act 2023 .
Commencement
2.—(1) For the purpose only of making regulations under the 2017 Act, the day appointed for the coming into force of sections 1 and 2 of the 2023 Act (which amend the 2017 Act) is the day after the day on which these Regulations are made.
(2) For all other purposes, the day appointed for the coming into force of sections 1 and 2 of the 2023 Act is 1st September 2026.
Saving provision for higher education courses that begin before 1st January 2027
3.—(1) Notwithstanding the coming into force of sections 1 and 2 of the 2023 Act by virtue of regulation 2, the 2017 Act(3) continues to have effect in relation to higher education courses beginning before 1st January 2027 as if the amendments made to the 2017 Act by sections 1 and 2 of the 2023 Act had not been made.
(2) In paragraph (1), “ higher education course ” has the meaning given by section 83(1) of the 2017 Act( 4 ) immediately before the amendment of that section by section 16(1) and (3) of the Skills and Post-16 Education Act 2022 ( 5 ).
Smith of Malvern
Minister of State
Department for Education
11th May 2026
Sections 1 and 2 of the Lifelong Learning (Higher Education Fee Limits) Act 2023 amend sections 10, 11, 31, 85(1) and 119(2) of, and Schedule 2 to, the Higher Education and Research Act 2017.
The definition of “higher education course” in section 83(1) of the Higher Education and Research Act 2017 is to be read together with section 10(9) of that Act (see section 83(5)(a) of that Act).
2022 c. 21. Section 16 has been commenced by S.I. 2026/498 for the purpose only of making regulations under the Higher Education and Research Act 2017 (c. 29). Section 16 will come into force for all remaining purposes on 1st September 2026.