The Education (Fees and Awards) Regulations 1994

PART I GENERAL

Citation, operation and extent

1.—(1) These Regulations may be cited as the Education (Fees and Awards) Regulations 1994 and shall come into force on 1st January 1995.

(2) These Regulations do not extend to Scotland.

Interpretation

2.—(1) In these Regulations—

“award” means a fees award or a maintenance award or both as the context may require;

“education” includes post-graduate research otherwise than in the course of employment;

“education authority” means a local education authority;

“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

“European Economic Area” means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time and, subject to the conditions laid down in the EEA Agreement, by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;

“fees” includes charges however described;

“fees award” means an award in respect only of any fees payable by the student other than any element of those fees representing or attributable to charges for his maintenance;

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

“maintenance award” means any award other than a fees award;

“national of a member State of the European Community” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community (including the United Kingdom) as constituted from time to time;

“parent”, in relation to a student, includes a guardian and any other person having actual custody of the student during his minority;

“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(1) as extended by the Protocol hereto which entered into force on 4th October 1967(2) and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;

(2) In these Regulations a reference to a person’s son or daughter includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the person concerned is the mother or in whose case he has admitted paternity or been adjudged the putative father.

(3) For the purposes of these Regulations an area which—

(a) was not part of the area comprised by the member States of the European Community or by the European Economic Area, but

(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas

shall be considered to have always been part of the European Economic Area.

(4) Notwithstanding section 11 of the Interpretation Act 1978(3) section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purpose of the interpretation of these Regulations.

(5) In these regulations, unless the context otherwise requires, a reference to a regulation, Part or Schedule is a reference to a regulation or Part of these Regulations or to a Schedule thereto, a reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.

Lawful acts

3.—(1) Nothing in Part II shall be construed as rendering unlawful any discrimination arising from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise) if it would have been lawful had these Regulations not been made.

(2) Nothing in Part III, IV or V shall be construed as rendering unlawful any discrimination arising from any rule of eligibility for an award if it would have been lawful had these Regulations not been made.

PART II FEES FOR TUITION ETC.

Scope of Part II

4.—(1) This Part shall have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course provided by—

(a) a university, or other institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992(4)), or

(b) an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992), or

(c) a maintained institution,

and any reference in this Part to a student shall be construed accordingly.

(2) This Part shall also have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course of teacher training provided by an eligible institution.

(3) In this Regulation—

“eligible institution” means an institution eligible for funding under Part I of the Education Act 1994(5), other than an institution referred to in paragraph (1);

“full-time course” means a course normally involving not less than 15 hours attendance a week in term-time for the organised day-time study of a single subject or related subjects;

“maintained institution” means an institution maintained by an education authority;

“sandwich course” means a course consisting of alternate periods of full-time study in an establishment and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year (the course being treated for the purpose of calculating attendance as beginning with the first period of full-time study and ending with the last such period) and, for the purposes hereof “periods of experience” means periods of industrial, professional or commercial experience associated with full-time study at the establishment but at a place outside the establishment except that, in the case of a student studying modern languages whose course includes periods of residence in a country whose language is the main language of that course, it means such periods of residence for which he is in gainful employment;

“university” includes a university college and a constituent college, school, or hall of a university.

Relevant fees

5.—(1) For the purposes of this Part “relevant fees” means the aggregate of—

(a) any fees for admission, registration or matriculation (including matriculation exemption),

(b) any sessional or tuition fees,

(c) any composition fee, and

(d) any graduation fee,

in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (2).

(2) The fees referred to in paragraph (1) are—

(a) college fees or dues at the University of Cambridge, Durham, Kent, Lancaster, Oxford or York;

(b) any fees charged by an external body in respect of examinations or validation of a course or otherwise charged by such body whose requirements must (for the purposes of a course) be met;

(c) charges for board and lodging.

Relevant connection with the United Kingdom and Islands

6.  For the purposes of this Part a student has a relevant connection with the United Kingdom and Islands if—

(a) he has been ordinarily resident therein throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of the student’s course, and

(b) he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.

Charging of higher relevant fees

7.  Subject to Schedule 1, it shall be lawful to charge higher relevant fees in the case of students who have not a relevant connection with the United Kingdom and Islands than in the case of students having such a connection.

PART III AWARDS UNDER SECTION 1(6) OR 2 OF THE EDUCATION ACT 1962

Scope of Part III

8.  This Part shall have effect as respects the adoption by an education authority of rules of eligibility for awards under section 1(6) or 2 of the Education Act 1962(6), and any reference in this Part to an award or a candidate for an award shall be construed accordingly.

Relevant connection with the United Kingdom and Islands

9.  For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom and Islands if—

(a) he has been, or satisfies the education authority that he will have been, ordinarily resident therein throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of his intended course, and

(b) he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.

Authorised eligibility rules

10.  Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with the United Kingdom and Islands.

PART IV AWARDS BY RESEARCH COUNCILS AND CERTAIN OTHER INSTITUTIONS

Scope of Part IV

11.—(1) This Part shall have effect as respects the adoption by a body or institution mentioned in paragraph (2) of rules of eligibility for awards (however described) made by that body or institution in connection with courses of education or training or in connection with the undertaking of research and any reference in this Part to an award, a candidate for an award or the maker of an award shall be construed accordingly.

(2) The bodies and institutions referred to in paragraph (1) are—

(a) the following research councils—

• Biotechnology and Biological Sciences Research Council,

• Economic and Social Research Council,

• Engineering and Physical Sciences Research Council,

• Medical Research Council,

• Natural Environment Research Council, and

• Particle Physics and Astronomy Research Council;

(b) the following institutions—

• the British Academy,

• the British Museum (Natural History),

• the Royal Academy of Engineering, and

• the Royal Society;

(c) the following further education establishments—

• Coleg Harlech, Gwynedd,

• Co-operative College, Loughborough,

• Fircroft College, Birmingham,

• Hillcroft College, Surbiton,

• Northern College, Nr Barnsley,

• Plater College, Oxford,

• Royal College of Art, London,

• Ruskin College, Oxford; and

• the National Film and Television School, Beaconsfield.

Relevant connection with the United Kingdom and Islands or Great Britain

12.  For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom and Islands, or with Great Britain, if—

(a) he has been ordinarily resident therein throughout the 3 year period preceding the date of his application for an award, and

(b) he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.

Authorised eligibility rules

13.—(1) It shall be lawful to adopt rules of eligibility for awards which—

(a) subject to Schedules 2 and 3, confine the awards to candidates having a relevant connection either with the United Kingdom and Islands or with Great Britain, as the maker of the awards has determined, and

(b) if the maker of the awards has so determined, further confine the awards to candidates who, unless they are excepted candidates in pursuance of paragraph 4 of Schedule 2 (temporary employment etc. abroad) or of that paragraph and paragraph 3(1) of Schedule 3

(i) are ordinarily resident in the United Kingdom and Islands, in Great Britain, in England and Wales or in England, as the maker of the awards has determined, at the date of application for an award and are not then resident in the area in question wholly or mainly for the purpose of receiving full-time education, or

(ii) satisfy the maker of the awards that they will satisfy the aforesaid conditions on 30th June next following the date of their applications.

(2) The maker of the awards may adopt different eligibility rules falling within paragraph (1) for different classes or descriptions of awards.

PART V POSTGRADUATE AGRICULTURAL STUDENTSHIPS

Scope of Part V

14.  This Part shall have effect as respects the adoption by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Wales of rules of eligibility for awards made by him in pursuance of section 2(3) of the Board of Agriculture Act 1889(7) and any reference in this Part to an award or a candidate for an award shall be construed accordingly.

Relevant connection with the United Kingdom

15.  For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom if—

(a) he has been ordinarily resident therein throughout the 3 year period preceding the date of his application for an award,

(b) he has not been resident therein during any part of that 3 year period wholly or mainly for the purpose of receiving full-time education, and

(c) he is a British citizen or otherwise enjoys in the United Kingdom the status of a Commonwealth citizen.

Authorised eligibility rules

16.  Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with the United Kingdom.

PART VI REVOCATION

Revocation

17.  The following Regulations are revoked:

(a) The Education (Fees and Awards) Regulations 1983(8);

(b) The Education (Fees and Awards) (Amendment) Regulations 1984(9);

(c) The Education (Fees and Awards) (Amendment) Regulations 1985(10);

(d) The Education (Fees and Awards) (Amendment) Regulations 1987(11);

(e) The Education (Fees and Awards) (Amendment) Regulations 1988(12);

(f) The Education (Fees and Awards) (Amendment) Regulations 1991(13);

(g) The Education (Fees and Awards) (Amendment) (No 2) Regulations 1991(14);

(h) regulation 5 of the Further and Higher Education Act 1992 (Consequential Amendments) Regulations 1993(15); and

(i) regulation 5 of the Education (European Economic Area) (Amendment) Regulations 1993(16).