The Agriculture (Student fees) Regulations (Northern Ireland) 2022

Citation and commencement N.I.

1.  These Regulations may be cited as the Agriculture (Student fees) Regulations (Northern Ireland) 2022 and shall come into operation on 1st September 2022.

Commencement Information

I1 Reg. 1 in operation at 1.9.2022, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“academic year” has the meaning assigned by paragraph (3);

“Bachelor’s degree course” means a higher education course for a Bachelor’s degree, level 6 on the FHEQ;

“CAFRE” means the College of Agriculture, Food and Rural Enterprise;

“certificate in higher education course” means a higher education course for a certificate in higher education, level 4 on the FHEQ;

“credit points” means points awarded to a student upon successful completion of each module of the higher education course;

“current course” means the higher education course in respect of which a student is enrolled;

“current fee framework” has the meaning assigned by regulation 9;

“Department” means the Department of Agriculture, Environment and Rural Affairs;

“extended foundation degree course” means a foundation degree course that includes a period of work placement of one year;

“fee code” means the fee code associated with a student that relates to the fee amount to be charged;

“fees” has the meaning assigned by paragraph (2);

“FHEQ” means the Framework for Higher Education Qualifications of Degree-Awarding Bodies in England, Wales and Northern Ireland;

“foundation degree course” means a higher education course for a foundation degree, level 5 on the FHEQ;

“full-time equivalent” means a full-time higher education course leading to the same qualification as the part-time higher education course in question;

“full-time higher education course” has the meaning assigned by regulation 4;

“full-time student” means a student undertaking a full-time higher education course;

“gap year student” has the meaning assigned by regulation 10;

“Great Britain” means England, Scotland and Wales;

“higher education course” has the meaning assigned by regulation 3;

“home student” has the meaning assigned by regulation 11;

“international student” has the meaning assigned by regulation 17;

“intensity of study” has the meaning assigned by regulation 7;

“the Islands” means the Isle of Man and the Channel Islands;

“Master’s degree course” means a higher education course for a Master’s degree, level 7 on the FHEQ;

“old fee framework” has the meaning assigned by regulation 8;

“ordinarily resident” has the meaning assigned by paragraph (9) of the Schedule;

“overseas institution” means an institution other than one in Northern Ireland, Great Britain, Gibraltar or the Islands;

“part-time higher education course” has the meaning assigned by regulation 5;

“part-time student” means a student undertaking a part-time higher education course;

“period of work placement” means a period of industrial, professional or commercial experience undertaken by a student that is associated with the a higher education course;

“postgraduate certificate course” means a higher education course for a postgraduate certificate, level 7 on the FHEQ;

“postgraduate diploma course” means a higher education course for a postgraduate diploma, level 7 on the FHEQ;

“qualifying person” means a person who falls within the Schedule on the first day of an academic year;

“sandwich higher education course” has the meaning assigned by regulation 6;

“student” means a person undertaking a higher education course;

“student from Great Britain” has the meaning assigned by regulation 14.

(2) In these Regulations “fees”, in relation to undertaking a higher education course, means fees in respect of, or otherwise in connection with, undertaking the higher education course, including admission, registration, tuition and graduation fees but excluding—

(a) fees payable to the Department for awarding or accrediting any qualification where the Department does not provide the whole or part of the course,

(b) fees payable for board or lodging,

(c) fees payable for field trips (including any tuition element of such fees),

(d) fees payable for attending any graduation or other ceremony, and

(e) fees payable for resubmission of coursework and/or resitting of examinations.

(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 higher education 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.

Commencement Information

I2 Reg. 2 in operation at 1.9.2022, see reg. 1

Higher education courses N.I.

3.  A “ higher education course” means any of the following courses, delivered by CAFRE—

(a) at undergraduate level—

(i) a course for a Higher National Diploma or Higher National Certificate of—

(aa) the Business & Technology Education Council; or

(bb) the Scottish Qualifications Authority;

(ii) a Certificate in Higher Education course;

(iii) a Foundation Degree course;

(iv) an extended Foundation Degree course; or

(v) a Bachelor’s Degree course;

(b) at postgraduate level—

(i) a Postgraduate Certificate course;

(ii) a Postgraduate Diploma course; or

(iii) a Master’s Degree course.

Commencement Information

I3 Reg. 3 in operation at 1.9.2022, see reg. 1

4.—(1) A “ full-time higher education course” means a higher education course which meets the conditions for undergraduate level in paragraph (2) or the conditions for postgraduate level in paragraph (3), as the case may be.

(2) The conditions are—

(a) it is of at least one academic year’s duration; and

(b) the total credit points to be awarded to a full-time student who successfully completes the higher education course—

(i) equates to 120 in each academic year of the course, excluding any academic year on a period of work placement; or

(ii) in the case of an extended foundation degree course, equates to—

(aa) 120 in the first academic year;

(bb) 60 in the second academic year; and

(cc) 60 in the third academic year.

(3) The conditions are—

(a) in the case of a postgraduate certificate course—

(i) it is of 15 weeks’ duration, excluding vacations; and

(ii) the total credit points to be awarded to a student who successfully completes the higher education course equates to 60;

(b) in the case of a postgraduate diploma course—

(i) it is of 30 weeks’ duration, excluding vacations; and

(ii) the total credit points to be awarded to a student who successfully completes the higher education course equates to 120;

(c) in the case of a Master’s degree course—

(i) it is of 45 weeks’ duration, excluding vacations; and

(ii) the total credit points to be awarded to a student who successfully completes the course equates to 180.

Commencement Information

I3 Reg. 3 in operation at 1.9.2022, see reg. 1

I4 Reg. 4 in operation at 1.9.2022, see reg. 1

5.—(1) A “ part-time higher education course” means a higher education course which meets the following conditions—

(a) it is of at least one academic year’s duration;

(b) it is ordinarily possible to complete the higher education course in not more than four times the period ordinarily required to complete the full-time equivalent; and

(c) the intensity of study in one academic year is less than or equal to 75%.

(2) In paragraph (1)—

(a) “period ordinarily required to complete the full-time equivalent” means the period in which a standard full-time student would complete the full-time equivalent.

(b) “standard full-time student” is a student who is to be taken—

(i) to have begun the full-time equivalent on the same date as the part-time student began the part-time higher education course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

Commencement Information

I3 Reg. 3 in operation at 1.9.2022, see reg. 1

I5 Reg. 5 in operation at 1.9.2022, see reg. 1

6.—(1) A “sandwich higher education course” is a higher education course that meets the following conditions—

(a) it is not an extended foundation degree course;

(b) it consists of alternative periods of full-time study at CAFRE and periods of work placement; and

(c) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each academic year;

(2) For the purposes of paragraph (1)—

(a) in calculating the student’s attendance, the higher education course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(b) where periods of full-time study and work placement alternate within any week of the higher education course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each academic year.

Commencement Information

I3 Reg. 3 in operation at 1.9.2022, see reg. 1

I6 Reg. 6 in operation at 1.9.2022, see reg. 1

Intensity of study N.I.

7.  “Intensity of study” is calculated as follows and expressed as a percentage—

Where—

PTC is the total number of credit points to be awarded to the student if the student successfully completes the academic year in connection with the higher education course on which they are enrolled.

FTC is the total number of credit points that a student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete the higher education course.

Commencement Information

I7 Reg. 7 in operation at 1.9.2022, see reg. 1

Current and old fee frameworks N.I.

8.—(1) “ Old fee framework” means the fee framework that is applied to a student undertaking a higher education course who—

(a) commenced their current course before 1st September 2022, and who is continuing on that course after 1st September 2022;

(b) is a gap year student in relation to their course; or

(c) meets the conditions in paragraph (2).

(2) The conditions are—

(a) that the student has—

(i) withdrawn from; or

(ii) suspended their studies of,

the higher education course in which they were enrolled before 1st September 2022;

(b) that CAFRE permits the student to continue on the higher education course on which they were enrolled from the point on that higher education course at which they withdrew or suspended their studies; and

(c) that the student recommences the higher education course on which they were enrolled within three academic years.

Commencement Information

I8 Reg. 8 in operation at 1.9.2022, see reg. 1

9.  “ Current fee framework” means the fee framework that is applied to a student undertaking a higher education course who—

(a) commences their current course on or after 1st September 2022;

(b) is not a gap year student; and

(c) is not a student that falls within regulation 8.

Commencement Information

I8 Reg. 8 in operation at 1.9.2022, see reg. 1

I9 Reg. 9 in operation at 1.9.2022, see reg. 1

Gap year students N.I.

10.—(1) “ Gap year student” means a person who meets the conditions in paragraph (2) or (3).

(2) The conditions are—

(a) that the person had on or before 1st September 2021 received an offer, whether conditional on obtaining specified qualifications or not, of a place on a higher education course or a similar course; and

(b) that the first academic year of the higher education course begins on or after 1st September 2022 but before 1st September 2023.

(3) The conditions are—

(a) the person had received an offer of a place on a higher education course the first academic year of which begins before 1st September 2022;

(b) they were unable to take up the offer because a specified qualification or grade was not awarded to them;

(c) they appealed against a decision not to award them the qualification or grade;

(d) the appeal was allowed after the last date on which they could have taken up the offer;

(e) as a result, they were offered a place on a higher education course; and

(f) the first academic year of that higher education course begins on or after 1st September 2022 but before 1st September 2023.

Commencement Information

I10 Reg. 10 in operation at 1.9.2022, see reg. 1

Home students and their student fee codes N.I.

11.  A person is to be treated as a “home student” where they are—

(a) a qualifying person that falls within paragraph (2) or (6) of the Schedule; or

(b) a qualifying person that falls within paragraph (7) or (8) of the Schedule and who is ordinarily resident in Northern Ireland.

Commencement Information

I11 Reg. 11 in operation at 1.9.2022, see reg. 1

12.  Subject to regulation 21, the fee codes for a home student to whom the current fee framework applies are—

(a) FC1, in respect of a certificate in higher education course;

(b) FC2, in respect of a foundation degree course;

(c) FC3, in respect of Year 1 of an extended foundation degree course;

(d) FC4, in respect of Year 2 and Year 3 of an extended foundation degree course;

(e) FC5, in respect of a Bachelor’s degree course;

(f) FC6, in respect of a postgraduate certificate course;

(g) FC7, in respect of a postgraduate diploma course; and

(h) FC8, in respect of a Master’s degree course.

Commencement Information

I11 Reg. 11 in operation at 1.9.2022, see reg. 1

I12 Reg. 12 in operation at 1.9.2022, see reg. 1

13.  Subject to regulation 21, the fee codes for a home student to whom the old fee framework applies are—

(a) FC19, in respect of a foundation degree course or a Bachelor’s degree course;

(b) FC20, in respect of Year 1 of an extended foundation degree course; and

(c) FC21, in respect of Year 2 and Year 3 of an extended foundation degree course.

Commencement Information

I11 Reg. 11 in operation at 1.9.2022, see reg. 1

I13 Reg. 13 in operation at 1.9.2022, see reg. 1

Students from Great Britain and their student fee codes N.I.

14.  A person is to be treated as a student from Great Britain where they are—

(a) a qualifying person that falls within paragraph (4) of the Schedule; or

(b) a qualifying person that falls within paragraph (7) or (8) of the Schedule and who is ordinarily resident in Great Britain and the Islands.

Commencement Information

I14 Reg. 14 in operation at 1.9.2022, see reg. 1

15.  Subject to regulation 21, the fee codes for a student from Great Britain to whom the current fee framework applies are—

(a) FC10, in respect of a certificate in higher education course;

(b) FC11, in respect of a foundation degree course;

(c) FC12, in respect of Year 1 of an extended foundation degree course;

(d) FC13, in respect of Year 2 and Year 3 of an extended foundation degree course;

(e) FC14, in respect of a Bachelor’s degree course;

(f) FC15, in respect of a postgraduate certificate course;

(g) FC16, in respect of a postgraduate diploma course; and

(h) FC17, in respect of a Master’s degree course.

Commencement Information

I14 Reg. 14 in operation at 1.9.2022, see reg. 1

I15 Reg. 15 in operation at 1.9.2022, see reg. 1

16.  Subject to regulation 21, the fee codes for a student from Great Britain to whom the old fee framework applies are—

(a) FC22, in respect of a foundation degree course and a Bachelor’s degree course;

(b) FC23, in respect of Year 1 of an extended foundation degree course;

(c) FC24, in respect of Year 2 and Year 3 of an extended foundation degree course;

(d) FC25, in respect of a postgraduate certificate course;

(e) FC26, in respect of a postgraduate diploma course; and

(f) FC27, in respect of a Master’s degree course.

Commencement Information

I14 Reg. 14 in operation at 1.9.2022, see reg. 1

I16 Reg. 16 in operation at 1.9.2022, see reg. 1

International students N.I.

17.  A person is to be treated as an “international student” where they—

(a) are not a qualifying person; and

(b) are required to obtain a student visa to study in the United Kingdom for a higher education course lasting six months or more.

Commencement Information

I17 Reg. 17 in operation at 1.9.2022, see reg. 1

18.—(1) Subject to paragraph (2), the fee code for an international student enrolled on a higher education course and to whom the current fee framework applies is FC29.

(2) The fee code for an international student enrolled on a certificate in higher education course and to whom the current fee framework applies is FC30.

Commencement Information

I17 Reg. 17 in operation at 1.9.2022, see reg. 1

I18 Reg. 18 in operation at 1.9.2022, see reg. 1

Higher education fee amounts N.I.

19.  The fee payable to the Department by a full-time student in the current academic year in respect of a full-time higher education course is the fee specified in Column 2 of the table below which is opposite the fee code for that student in Column 1 of the table—

Column 1	Column 2 (£)
FC1	1,200
FC2	2,550
FC3	2,550
FC4	1,275
FC5	4,630
FC6	915
FC7	1,835
FC8	2,750
FC9	890
FC10	1,200
FC11	9,250
FC12	9,250
FC13	4,125
FC14	9,250
FC15	3,085
FC16	6,165
FC17	9,250
FC18	890
FC19	1,825
FC20	1,825
FC21	890
FC22	9,250
FC23	9,250
FC24	4,125
FC25	3,085
FC26	6,165
FC27	9,250
FC28	890
FC29	9,450
FC30	1,200

Commencement Information

I19 Reg. 19 in operation at 1.9.2022, see reg. 1

20.  The fee payable to the Department by a part-time student in the current academic year in respect of a part-time higher education course is the fee specified in Column 2 of the table in regulation 19 which is opposite the fee code for that student in Column 1 of the table and applying the following formula rounded to the nearest £5—

(CF × CI)

Where—

CF is the fee payable by a full-time student for the current academic year on a full-time equivalent.

CI is the intensity of study calculated using the formula in regulation 7 and expressed as a percentage.

Commencement Information

I19 Reg. 19 in operation at 1.9.2022, see reg. 1

I20 Reg. 20 in operation at 1.9.2022, see reg. 1

Reduced higher education fee N.I.

21.—(1) The level of fee payable to the Department by a student shall be reduced in the following cases—

(a) in the final year of a higher education course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b) in respect of a sandwich higher education course, an academic year during which any periods of full-time study are in aggregate less than 10 weeks; or

(c) in respect of a higher education course provided in conjunction with an overseas institution, an academic year during which any periods of full-time study at CAFRE are in aggregate less than 10 weeks.

(2) The fee codes for a student to whom paragraph (1) applies are—

(a) FC9, in respect of a home student to whom the current fee framework applies;

(b) FC18, in respect of a student from Great Britain to whom the current fee framework applies; and

(c) FC28, in respect of a home student or a student from Great Britain to whom the old fee framework applies.

Commencement Information

I21 Reg. 21 in operation at 1.9.2022, see reg. 1

Revocation N.I.

22.  The regulations as listed in following table are revoked—

Regulation	Year and Number
Agriculture (Student fees) Regulations (Northern Ireland) 2007	S.R. 2007 No. 54
Agriculture (Student fees) (Amendment) Regulations (Northern Ireland) 2007	S.R. 2007 No. 410
Agriculture (Student fees) (Amendment) Regulations (Northern Ireland) 2008	S.R. 2008 No. 389
Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2009	S.R. 2009 No. 321
Agriculture (Student fees) (Amendment) Regulations (Northern Ireland) 2010	S.R. 2010 No. 230
Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2012	S.R. 2012 No. 254
Agriculture (Student fees) (Amendment) Regulations (Northern Ireland) 2013	S.R. 2013 No. 107
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2014	S.R. 2014 No. 86
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2015	S.R. 2015 No. 135
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2016	S.R. 2016 No. 59
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2017	S.R. 2017 No. 152
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2018	S.R. 2018 No. 136
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2019	S.R. 2019 No. 108
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2020	S.R. 2020 No. 8
The Agriculture (Student fees)(Amendment) Regulations (Northern Ireland) 2021	S.R. 2021 No. 133
The Agriculture (Student fees)(Amendment) (No. 2) Regulations (Northern Ireland) 2021	S.R. 2021 No. 196

Commencement Information

I22 Reg. 22 in operation at 1.9.2022, see reg. 1

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 4th August 2022

(L.S.)

Seamus McErlean

A senior officer of the

Department of Agriculture, Environment and Rural Affairs