The Education (Fees and Awards) (England) Regulations 2007

Citation, commencement and applicationE+W+S

1.—(1) These Regulations may be cited as the Education (Fees and Awards) (England) Regulations 2007 and come into force on 1st September 2007.

(2) These Regulations apply in relation to England M1.

Marginal Citations

M1The functions of the Secretary of State under section 1 of the Education (Fees and Awards) Act 1983, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 2006/1458 with effect from 8th June 2006. The remaining functions under the Education (Fees and Awards) Act 1983, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 with effect from 1st July 1999.

InterpretationE+W+S

2.—(1) In these Regulations—

“the 2005 Act” means the Education Act 2005 M2;

“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 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;

“award” means a fees award or a maintenance award or both;

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

“employment” means full-time or part-time employment;

“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

“European Economic Area” means the area comprised by the EEA States;

“fees award” means an award in respect only of any fees payable other than any element of those fees which is a charge for maintenance;

F1...

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

F2...

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

[F3“OfS” means the Office for Students;]

“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; [F4Gibraltar;] Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; [F5St-Barthélemy]; St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

“post-compulsory education award” means a scholarship, exhibition, bursary or other allowance granted by a local education authority under the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 M3;

[F6“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;]

“training provider” means a person who provides training for members of the school workforce under Part 3 of the 2005 Act;

[F3“UKRI” means United Kingdom Research and Innovation;]

(2) Despite section 11 of the Interpretation Act 1978 M4 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 purposes of interpreting these Regulations.

[F7(3) For the purposes of these Regulations, “parent” [F8means a parent, guardian or] any other person having parental responsibility for a child and “child” is to be construed accordingly.] 

[F9(3A) For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.]

(4) For the purposes of these Regulations, a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands [F10, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], in [F11the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland], in [F12the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories] [F13, the territory comprising the United Kingdom, the Islands and the specified British overseas territories], or in [F14the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories] if he would have been so resident but for the fact that—

(a)he;

(b)his spouse or civil partner;

(c)his parent; or

(d)in the case of dependent direct relative in the ascending line, his child or child's spouse or civil partner,

is or was temporarily employed outside the area in question.

(5) For the purposes of paragraph (4), temporary employment includes—

(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

[F15(aa)in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;]

(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising [F16the United Kingdom, Gibraltar,] the European Economic Area and Switzerland as members of such forces; and

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(6) For the purposes of Regulations 6, 7, 8 and 9 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands [F17, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], in [F18the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland], in [F19the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories] [F20, the territory comprising the United Kingdom, the Islands and the specified British overseas territories], or in [F21the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey] if he would have been so resident but for the fact that—

(a)he;

(b)his spouse or civil partner;

(c)his parent; or

(d)in the case of a dependent direct relative in the ascending line, his child or his child's spouse or civil partner,

was temporarily receiving full-time education outside the area in question.

(7) For the purposes of these Regulations an area [F22other than the United Kingdom or Gibraltar] which—

(a)was previously not part of the European Community or the European Economic Area; but

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

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

F23(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M3S.I. 1999/229, amended by S.I. 2000/2057, and revoked in relation to Wales by S.I. 2002/1856.

Lawful actsE+W+S

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

(2) If discrimination arises from any rule of eligibility for an award, nothing in these Regulations shall be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.

Fee chargingE+W+S

4.—[F24(1) Subject to paragraph (1B), it shall be lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within any of —

(a)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies,

than in the case of a person who does fall within any of those paragraphs.

(1A) This paragraph applies where—

(a)in connection with a course beginning before 1st August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; and

(b)A is liable for fees in connection with—

(i)that course; or

(ii)a course provided by an institution mentioned in paragraph (3) to which A transfers from that course.

(1B) In relation to a course beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraph (a) did not mention paragraphs 8A and 9B of Schedule 1.]

(2) For the purposes of this regulation a person falls within [F25a paragraph of] Schedule 1 if they fall within it on the first day of an academic year of the course.

(3) The institutions mentioned in this paragraph are institutions—

(a)within the higher education sector, including a constituent college, school or hall of such an institution;

(b)within the further education sector;

(c)which are training providers and are receiving financial [F26assistance—

(i)from the Secretary of State under section 14 of the Education Act 2002; or

(ii)from a person who is receiving financial assistance under that section”.]

(d)which provide further education and are maintained by a local education authority;

(4) This regulation does not make lawful the charging of a fee which is unlawful by reason of a [F27fee limit condition imposed under section 10 of the Higher Education and Research Act 2017].

Textual Amendments

Awards by local education authoritiesE+W+S

5.—(1) [F28Subject to paragraph (2),] it shall be lawful for a local education authority to adopt rules of eligibility for awards under sections 1(6) or 2 of the Education Act 1962 M5 or for post-compulsory education awards which—

(a)do not take account of regulation 2(4);

[F29(b)confine eligibility in the case of fees awards to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(c)confine eligibility in the case of maintenance awards to those persons who fall within any of paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9B, 10A, 11A, 12A and 13 of Schedule 1.]

[F30(2) In relation to a course beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs 8A and 9B of Schedule 1.]

Textual Amendments

Marginal Citations

M51962 c.12. The Education Act 1962 was repealed by the Teaching and Higher Education Act 1998, subject to transitional and saving provisions to enable payments to be made pursuant to awards made under the Act before its repeal, and to enable awards to be made in respect of courses beginning before 1st September 1999 and certain courses beginning after that date.

Awards by research councils [F31, UKRI] and othersE+W+S

6.—(1) [F32Subject to paragraph (1C),] it shall be lawful for a research council or institution mentioned in Schedule 2 [F33, or UKRI,] to adopt rules of eligibility which—

(a)do not take account of regulation 2(4);

[F34(b)confine eligibility in the case of fees awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of —

(i)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(ii)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies; or

(c)confine eligibility in the case of maintenance awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of—

(i)paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E, 6A, 7A, 8A, 9B, 10A, 11A, 12A and 13 of Schedule 1; or

(ii)paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, where paragraph (1B) applies.]

[F35(1A) This paragraph applies where—

(a)in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of that course or research beginning before 1st August 2021; and

(b)A’s eligibility for an award is being assessed in relation to that course or research.

(1B) This paragraph applies where—

(a)in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, in relation to an academic year of that course or research beginning before 1st August 2021; and

(b)A’s eligibility for an award is being assessed in relation to that course or research.

(1C) In relation to a course of education or training or the undertaking of research beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs 8A and 9B of Schedule 1.]

(2) As regards paragraphs 2 and 3 of Schedule 1, the research council or institution may, in adopting rules of eligibility under paragraph (1)—

(a)confine eligibility to those persons who have been ordinarily resident in Great Britain for three years preceding the date of application for the award, or

(b)exclude from eligibility those persons who are not ordinarily resident in Great Britain, in England and Wales or in England (as the maker of the award may determine) on the date of application for the award.

(3) Where rules of eligibility confine awards to persons who are or will be ordinarily resident in part only of the United Kingdom and Islands, a person who is ordinarily resident in some other part of the United Kingdom and Islands shall not for the purposes of this regulation be considered to fall within [F36paragraph 2A, paragraph 9, paragraph 9A, paragraph 9B, paragraph 9C, paragraph 9D or paragraph 9E] of Schedule 1.

(4) The makers of awards may adopt different eligibility rules for different classes or descriptions of awards.

Textual Amendments

Payments by the Training and Development Agency for SchoolsE+W+S

7.—(1) [F37Subject to paragraph (3),] it shall be lawful for the [F38Secretary of State] to adopt rules of eligibility for awards by any training provider to which it makes grants, loans or other payments under [F39section 14 of the Education Act 2002] which confine eligibility to those persons who fall within [F40any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of] Schedule 1.

(2) [F37Subject to paragraph (3),] it shall be lawful for a training provider who is receiving financial support under [F39section 14 of the Education Act 2002] to adopt rules of eligibility for awards which confine eligibility to those persons who fall within [F40any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of] Schedule 1.

[F41(3) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A and 9B of Schedule 1.]

Textual Amendments

Payments by [F42the OfS] E+W+S

8.—(1) [F43Subject to paragraph (4),] it shall be lawful for [F44OfS] to adopt rules of eligibility for awards to be made to students who are being trained (otherwise than by a course leading to a first degree) to teach persons over compulsory school age by an institution to which it makes grants, loans or other payments under [F4539 or 40 of the Higher Education and Research Act 2017] which confine eligibility to those persons who fall [F46within any of—

(a)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (3) applies.]

(2) [F43Subject to paragraph (4),] it shall be lawful for an institution to which [F44OfS] pays grants, loans or other payments for the purpose described in paragraph 1 to adopt rules of eligibility for awards which confine eligibility to those persons who fall [F46within any of—

(a)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (3) applies.]

[F47(3) This paragraph applies where—

(a)in connection with training beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year beginning before 1st August 2021; and

(b)A’s eligibility for an award is being assessed in relation to that training.

(4) In relation to training beginning on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, sub-paragraph (a) did not mention paragraphs 8A and 9B of Schedule 1.]

Textual Amendments

Payments by the [F48Secretary of State F49... ]E+W+S

9.—(1) [F50Subject to paragraph (4),] it shall be lawful for the [F51Secretary of State F49... ] to adopt rules of eligibility for awards by an institution to which [F52that person] makes grants, loans or other payments under [F53[F54section 14 of the Education Act 2002 or section] 100 of the Apprenticeships, Skills, Children and Learning Act 2009] which confine eligibility to those persons who fall [F55within any of—

(a)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (3) applies.]

(2) [F50Subject to paragraph (4),] it shall be lawful for an institution to which the [F51Secretary of State F49... ] pays grants, loans or other payments to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall [F55within any of—

(a)paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

(b)paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (3) applies.]

[F56(3) This paragraph applies where—

(a)a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year beginning before 1st August 2021; and

(b)A’s eligibility for a further award is being assessed in connection with that award.

(4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, sub-paragraph (a) did not mention paragraphs 8A and 9B of Schedule 1.]

Textual Amendments

[F57Payments by a combined authorityE+W+S

9A.—(1) [F58Subject to paragraph (4),] it shall be lawful for a combined authority to adopt rules of eligibility for awards by an institution to which the combined authority makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 which confine eligibility to those persons who fall within [F59any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of] Schedule 1.

(2) [F58Subject to paragraph (4),] it shall be lawful for an institution to which a combined authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within [F59any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A, 12A and 13 of] Schedule 1.

(3) In this regulation, a “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 (“the Local Democracy Act”) that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of an order under section 105A of the Local Democracy Act.]

[F60(4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A and 9B of Schedule 1.]

Textual Amendments

RevocationE+W+S

10.—(1) The following Regulations are revoked in relation to England—

(a)The Education (Fees and Awards) Regulations 1997 M6;

(b)The Education (Fees and Awards) (Amendment) (England) Regulations 2000 M7;

(c)The Education (Fees and Awards) (Amendment No 2) (England) Regulations 2000 M8

(d)The Education (Student Fees and Support) (Switzerland) Regulations 2003 M9;

(e)The Education (Fees and Awards) (Amendment) Regulations 2006 M10;

(f)Regulation 5 of the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999.

Marginal Citations

Bill Rammell

Minister of State

Department for Education and Skills