Draft Regulations laid before Parliament under section 119(2)(i) of the Higher Education and Research Act 2017 and section 42(5) of the Teaching and Higher Education Act 1998, for approval by resolution of each House of Parliament.
2020 No. 000
The Higher Education (Fee Limits and Student Support) (England) (Coronavirus) Regulations 2020
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by—
in relation to Parts 1 and 2, section 119(5)(a) and (b) of, and paragraphs 2(5) and (11), 3(4) and (10) and 4 of Schedule 2 to, the Higher Education and Research Act 20171, and
in relation to Parts 1 and 3, sections 22(1), (2)(b) and 42(6) of the Teaching and Higher Education Act 19982.
In accordance with section 119(2)(i) of the Higher Education and Research Act 2017 and section 42(5) of the Teaching and Higher Education Act 19983, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
PART 1General
Citation and commencement1
These Regulations may be cited as the Higher Education (Fee Limits and Student Support) (England) (Coronavirus) Regulations 2020 and come into force the day after the day on which they are made.
PART 2Amendment of Fee Limits
Amendment of the Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 20182
1
The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 20184 are amended as follows.
2
In regulation 3, after the definition of “the Act”, insert—
“AY 2020/21” means an academic year commencing on or after 1st August 2020 and before 1st August 2021;
3
In regulation 4(1)—
a
in sub-paragraph (a), for “and 11” substitute “, 11 and 11A”;
b
in sub-paragraphs (b) and (c), for “11” substitute “11A”;
c
in sub-paragraph (d), for “regulation 11 applies” substitute “regulations 11 and 11A apply”.
4
In regulation 5, in the words before paragraph (a), for “7 and 11” substitute “6A, 7, 11 and 11A”.
5
After regulation 6 insert—
Reduced higher and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 20226A
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 which 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%.
6
In regulation 8, in the words before paragraph (a), for “11” substitute “11A”.
7
After regulation 9 insert—
Reduced basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 20229A
1
The basic and floor amounts set out in regulations 8 and 9 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 which 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%.
8
After regulation 11 insert—
Reduced higher, basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 202211A
1
The higher, basic and floor amounts set out in regulation 11 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 which that level applies is exceeded by that higher education provider in AY 2020/21.
2
The reduction of higher, 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%.
Amendment of the Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 20193
1
The Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 20195 are amended as follows.
2
In regulation 3, after the definition of “the Act”, insert—
“AY 2020/21” means an academic year commencing on or after 1st August 2020 and before 1st August 2021;
3
In regulation 4(1)—
a
in sub-paragraph (a), for “and 6” substitute “, 6 and 6A”;
b
in sub-paragraph (b), for “and 8” substitute “, 8 and 8A”;
c
in sub-paragraph (c), for “8” substitute “8A”.
4
In regulation 5, in the words before paragraph (a), for “regulation 6” substitute “regulations 6 and 6A”.
5
After regulation 6, insert—
Reduced higher and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 20226A
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%.
6
In regulation 7, in the words before paragraph (a), for “regulation 8” substitute “regulations 8 and 8A”.
7
After regulation 8 insert—
Reduced basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 20228A
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%.
PART 3Amendment of Fee Loan Amounts
Amendment of the Education (Student Support) Regulations 20114
In regulation 23 of the Education (Student Support) Regulations 20116, after paragraph (8), insert—
8A
But paragraph (8B) applies where—
a
a designated course is provided by or on behalf of a publicly funded institution in Scotland, Northern Ireland or Wales or a regulated institution in Wales, or by an institution in Scotland, Northern Ireland or Wales on behalf of an approved (fee cap) provider;
b
on or before the date on which these Regulations are made, the Secretary of State has notified to an institution referred to in sub-paragraph (a) a level for the number of students starting the first year of courses at that institution in respect of an academic year commencing on or after 1st August 2020 and before 1st August 2021 (“AY 2020/21”), and
c
the number of students to whom that level applies is exceeded by that institution in AY 2020/21.
8B
The maximum amounts set out in this regulation are reduced in respect of that institution in relation to the first academic year of a current course where that course commences on or after 1st August 2021 and before 1st August 2022—
a
by 3% where the level is exceeded but not by more than 6%;
b
by 9% where the level is exceeded by more than 6% but not more than 12%;
c
by 15% where the level is exceeded by more than 12%.
(This note is not part of the Regulations)