Statutory Instruments
EDUCATION, ENGLAND AND WALES
Made
4th March 1999
Laid before Parliament
9th March 1999
Coming into force
31st March 1999
In exercise of the power conferred on the Secretary of State by section 26(4) of the Teaching and Higher Education Act 1998(1) the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:
1.—(1) These Regulations may be cited as the Education (Fees at Higher Education Institutions) Regulations 1999 and shall come into force on 31st March 1999.
(2) In these Regulations–
“the Act” means the Teaching and Higher Education Act 1998;
“the Student Support Regulations” means the Education (Student Support) Regulations 1999(2).
2. The class of persons prescribed for the purpose of section 26(4) of the Act is the class comprising those persons who are specified in Schedule 1 to the Student Support Regulations other than–
(a)persons who are not eligible for support under the Student Support Regulations by reason of regulation 4(2) of those regulations;
(b)persons who are not eligible for a grant for fees under the Student Support Regulations by reason of regulation 10(2) of those regulations; and
(c)persons who do not, before or during the academic year in question, make an application for support in accordance with regulation 6 of the Student Support Regulations in connection with attendance on a course which comprises that academic year.
3.—(1) The description of courses which are prescribed for the purposes of section 26(4) of the 1998 Act are courses which are designated courses within the meaning of the Student Support Regulations and provided by an institution in England or Wales.
(2) For the purposes of paragraph (1) the reference to an institution in England or Wales shall be construed in accordance with section 62(7) of the Further and Higher Education Act 1992(3).
Tessa Blackstone
Minister of State,
Department for Education and Employment
2nd March 1999
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
4th March 1999
(This note is not part of the Regulations)
Section 26(4) of the Teaching and Higher Education Act 1998 enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Teacher Training Agency requiring them to impose a new type of condition on financial support given to the governing body of a relevant institution. This condition would require the governing body to secure that the fees payable by a prescribed class of persons, in connection with them attending courses of any prescribed description are equal to “prescribed amount” as defined in section 26(5). The amounts in question are prescribed in the Education (Student Support) Regulations 1999 (S.I. 1999/496).
These Regulations prescribe the class of persons and description of courses by reference to the Education (Student Support) Regulations 1999. The class of persons are those persons specified in Schedule 1 to the Student Support Regulations (that is persons who, subject to the provisions of those regulations, are eligible for support) other than persons who are not eligible for student support by reason of regulation 4(2) of those regulations, who have attended a previous course or who have not applied for student support. The description of courses are those courses which are “designated courses” as defined in the Student Support Regulations provided at institutions in England or Wales.