(1)The Secretary of State may, as respects any institutions to which this section applies, make regulations requiring or authorising the charging of fees which are higher in the case of students not having such connection with the United Kingdom or any part of it as may be specified in the regulations than in the case of students having such a connection.
(2)The regulations may provide for exceptions and make different provision for different cases or purposes.
(3)This section applies to—
(a)any university, university college, or college school, hall or other institution of a university;
[F1[F2(b) any institution within the higher education sector]; and
(c)any institution which provides higher education or further education (or both) and is either maintained by a local education authority or falls within subsection (3A) below; and
F3[(ca)any institution within the higher education sector]
F4[(cb)any designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992; and]
(d)any further education institution in Scotland
[F5(i)]which is administered by an education authority.[F5; or
(ii)which is a college of further education for which there is a board of management established under Part I of the Further and Higher Education (Scotland) Act 1992.]]
[F6(e)any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial support under section 78 of that Act from the Training and Development Agency for Schools;
(ee)any institution eligible for funding by the Higher Education Funding Council for Wales under Part 3 of that Act;]
[F7(f)any institution which receives funding from the Learning and Skills Council for England (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations;
(g)any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations.]
[F8(3A)An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified.]
(4)In this section “fees” includes charges however described (including charges for board and lodging) and “public funds” means assistance from a local education authority or, in Scotland, an education authority or grants under [F9section 485 of the Education Act 1996] or section 73 of the M1Education (Scotland) Act 1980 [F10and expressions used in this section and in the [F11the 1996 Act] have the same meaning as in that Act.].
(5)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6)This section is without prejudice to [F12section 218(9) of the Education Reform Act 1988] (regulations as to fees for courses of further education).
Textual Amendments
F1S. 1(3)(b)(c)(d) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), 231(7), 235(6), 237(1), Sch. 12 para. 91(2)
F2S. 1(3)(b) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8, Pt. I, para. 19(a); S.I. 1992/831, art. 2, Sch. 3
F3S. 1(3)(ca) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8, Pt. I, para. 19(b); S.I. 1992/831, art. 2, Sch. 3
F4S. 1(3)(cb) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 8(1)(2); S.I. 1992/817, art. 3(2), Sch. 1
F5Words in s. 1(3)(d) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 8(3)(a)(b); S.I. 1992/817, art. 3(2), Sch. 4
F6S. 1(3)(e)(ee) substituted for s. 1(3)(e) (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 9
F7S. 1(3)(f)(g) inserted (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II
F8S. 1(3A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 91(3)
F9Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(a).
F10Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 91(4)
F11Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(b).
F12Words in s. 1(6) substituted (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 5 (with s. 42(8)); S.I. 1998/2215, art. 2.
Marginal Citations