The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019

Amendment of regulation 2

3.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) after the definition of “the 1998 Act”, insert—

““the 2017 Act” means the Higher Education and Research Act 2017(1);”;

(b) for the definition of “accelerated course”(2), substitute—

““accelerated course” means—

(i)

where the course begins before 1st August 2019, a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration; or

(ii)

where the course begins on or after 1st August 2019, a higher education course as defined in section 83(1) of the 2017 Act where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;”;

(c) after the definition of “accelerated course”, insert—

““accredited institution” means an institution accredited by the Secretary of State under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003(3);”;

(d) after the definition of “allied health profession subject”, insert—

““approved provider” and “approved (fee cap) provider” mean English higher education providers registered in the approved and approved (fee cap) parts of the register respectively;”;

(e) in the definition of “authority-funded(4)”, omit sub-paragraph (a);

(f) in the definition of “compressed degree course”, before “determined”, insert “which begins before 1st August 2019 and which is”

(g) in the definition of “compressed degree student”, for sub-paragraph (b), substitute—

“(b) began the course before 1st August 2019; and”;

(h) after the definition of “end-on course”, insert—

““English higher education provider” has the meaning given by section 83(1) of the 2017 Act;”;

(i) in the definition of “fees”, for “section 41(1) of the Higher Education Act 2004(5);”, substitute “section 85(2) of the 2017 Act;”;

(j) after the definition of “healthcare tuition payment”, insert—

““high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;”;

(k) after the definition of “Institute”, insert—

““institution” in relation to England includes an English higher education provider;”;

(l) after the definition of “non-regulated institution”, insert—

““OfS” means the Office for Students, as established by section 1(1) of the 2017 Act;”;

(m) omit the definition of “qualifying student”;

(n) after the definition of “refugee”, insert—

““register(6)” means the register established and maintained by the OfS under section 3 of the 2017 Act;”;

(o) before the definition of “regulated institution”, insert—

““registered provider” means an English higher education provider which is registered in the register and “unregistered provider” is to be construed accordingly;”.

(3) In paragraph (2)—

(a) in sub-paragraph (b), at the end, omit “and”;

(b) in sub-paragraph (c), at the end, for “.”, substitute “; and”;

(c) after sub-paragraph (c), insert—

“(d) a course which began before 1st August 2019.”.

(1)

2017 c. 29.

(2)

The definition of “accelerated course” inserted by regulation 3(2)(b)(i) is the existing definition in regulation 2(1) of S.I. 2011/1986. The definition inserted by regulation 3(2)(b)(ii) is that contained in paragraph 4(2) of Schedule 2 to the 2017 Act.

(3)

S.I. 2003/1662, as amended by paragraph 2 of Schedule 5 to the Education Act 2005 (c. 18), S.I. 2012/431 and 2016/1123.

(4)

The definition of “authority-funded” was inserted by the Education (Student Support and European University Institute) (Amendment) Regulations 2013/1728.

(5)

2004 c. 8. Sections 22 to 41 were revoked by paragraph 30 of Schedule 11 to the 2017 Act, subject to transitional and saving provisions contained in regulation 3 and 13 of S.I. 2018/245.

(6)

The register of English higher education providers is available at https://www.officeforstudents.org.uk/advice-and-guidance/the-register/the-ofs-register/.