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

Fee chargingE+W+S

This section has no associated Explanatory Memorandum

4.—[F1(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 [F2, 5A] [F3, 5B, 5C,] 6A, 7A, 8A, 9A, 9B, [F49BA,] 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 [F58A, [F69B, 9BA and 9E]] of Schedule 1.]

[F7(2) For the purposes of this regulation, a person falls within a paragraph of Schedule 1 if—

(a)in the case of paragraph 2A, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, [F88, 8A or 9C] of that Schedule—

(i)in relation to the first academic year of the course, they fall within that paragraph on the course start date; or

(ii)in relation to any other academic year of the course, they fall within that paragraph on the first day of that academic year;

(b)in the case of any other paragraph of that Schedule, they fall within the relevant paragraph on the first day of an academic year of the course.

[F9(2ZA) For the purposes of this regulation, where—

(a)a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of Schedule 1 as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and

(b)further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,

the person who would otherwise no longer fall within a paragraph of Schedule 1 is to be treated as falling within the paragraph of Schedule 1 in which they previously fell for the remainder of the duration of the course.]

(2A) Where a protected category event occurs in relation to a person after the course start date, paragraph (2B) applies for the purposes of determining whether the person falls within a paragraph of Schedule 1 in relation to an academic year (other than the first academic year).

(2B) The person is to be treated, for the purposes of determining whether they satisfy any requirement in Schedule 1 to be ordinarily resident in the United Kingdom on the course start date, as if they were, on the course start date, lawfully residing in the place where they were residing on that date.

(2C) In this regulation “protected category event”, in relation to a person, means—

(a)the person or the person’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

(b)the person becomes a person granted section 67 leave;

(c)the person [F10or the person’s parent] becomes a person granted indefinite [F11leave to enter or remain] as a victim of domestic violence or domestic abuse;

(d)the person becomes a person granted Calais leave;

(e)the person [F12or the person’s parent] becomes a person granted indefinite [F13leave to enter or remain] as a bereaved partner;

(f)the person [F14or the person’s spouse, civil partner or parent] becomes a person granted leave under one of the Afghan Schemes.

(g)the person [F15or the person’s spouse, civil partner or parent] becomes a person granted leave under one of the Ukraine Schemes;

(2D) For the purposes of paragraph (2C), the following terms have the meanings given for the purposes of Schedule 1—

(a)refugee;

(b)person granted stateless leave;

(c)person granted humanitarian protection;

(d)person granted section 67 leave;

(e)person granted indefinite [F16leave to enter or remain] as a victim of domestic violence or domestic abuse;

(f)person granted Calais leave;

(g)person granted indefinite [F17leave to enter or remain] as a bereaved partner;

(h)person granted leave under one of the Afghan Schemes;

(i)person granted leave under one of the Ukraine Schemes.]

(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 [F18assistance—

(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 [F19fee limit condition imposed under section 10 of the Higher Education and Research Act 2017].

Textual Amendments

F2Word in reg. 4(1)(a) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 20(1)(a)

F3Words in reg. 4(1)(a) inserted (3.6.2022 with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 6(1)(a)

F6Words in reg. 4(1B) substituted (with application in accordance with reg. 1(3)(g) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 21(1)

F7Reg. 4(2)-(2D) substituted for reg. 4(2) (16.2.2023 with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 62

F8Words in reg. 4(2)(a) substituted (15.2.2024 with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 14(1)

F9Reg. 4(2ZA) inserted (15.2.2024 with application in accordance with reg. 2(4)(g) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 15

F10Words in reg. 4(2C)(c) inserted (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(1)

F11Words in reg. 4(2C)(c) substituted (15.2.2024 with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 16(1)

F12Words in reg. 4(2C)(e) inserted (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(1)

F14Words in reg. 4(2C)(f) inserted (16.2.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 63(a)

F15Words in reg. 4(2C)(g) inserted (16.2.2023 with application in accordance with reg. 2(4)(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 63(b)

F16Words in reg. 4(2D)(e) substituted (15.2.2024 with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 16(1)