- Latest available (Revised)
- Point in Time (31/03/2011)
- Original (As enacted)
Version Superseded: 01/09/2015
Point in time view as at 31/03/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Higher Education Act 2004, Section 33 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A plan under this section relating to an institution must, in relation to each qualifying course in connection with which fees are to be payable to the institution by qualifying persons, specify or provide for the determination of a limit (not exceeding the higher amount) which those fees are not permitted to exceed.
(2)In relation to England, a plan under this section—
(a)must also include such provisions relating to the promotion of equality of opportunity as are required by regulations to be included in the plan, and
(b)may also include further provisions relating to the promotion of equality of opportunity.
(3)In relation to Wales, a plan under this section—
(a)must also include such provisions relating to—
(i)the promotion of equality of opportunity, or
(ii)the promotion of higher education,
as are required by regulations to be included in the plan, and
(b)may also include further provisions relating to either of those matters.
(4)In this Part any reference to the “general provisions” of a plan under this section is a reference to the provisions included in the plan by virtue of subsection (2) or (3).
(5)The general provisions that may be required by regulations made by virtue of subsection (2) or (3) include, in particular, provisions—
(a)requiring the governing body to take, or secure the taking of, measures to attract applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in higher education,
(b)requiring the governing body to provide, or secure the provision of, financial assistance to students,
(c)requiring the governing body to make available to students and prospective students information about financial assistance available to students from any source,
(d)setting out objectives relating to the promotion of equality of opportunity and, in relation to Wales, the promotion of higher education,
(e)relating to the monitoring by the governing body of—
(i)its compliance with the provisions of the plan, and
(ii)its progress in achieving any objectives set out in the plan by virtue of paragraph (d), and
(f)requiring the provision of information to the relevant authority.
(6)Regulations made under subsection (2) or (3) may not require a plan—
(a)to include among the general provisions of the plan any provision referring to particular courses or to the manner in which courses are taught, supervised or assessed, or
(b)to include any provision relating to the criteria for the admission of students.
(7)In this section—
“equality of opportunity” means equality of opportunity in connection with access to higher education;
“the higher amount” means—
in relation to England, the amount from time to time prescribed as the higher amount under section 24(6), and
in relation to Wales, the amount from time to time prescribed as the higher amount under section 28(6);
“qualifying course” and “qualifying person”—
in relation to England, have the same meaning as in section 24, and
in relation to Wales, have the same meaning as in section 28;
“regulations” means regulations made—
in relation to England, by the Secretary of State, and
in relation to Wales, by the Assembly.
Commencement Information
I2S. 33 in force at 11.2.2011 for specified purposes for W. by S.I. 2011/297, art. 2(c)
I3S. 33 in force at 31.3.2011 for W. in so far as not already in force by S.I. 2011/297, art. 4(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: