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], 6A, 7A, 8A, 9A, 9B, [F39BA,] 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 [F48A, [F59B, 9BA and 9E]] of Schedule 1.]

(2) For the purposes of this regulation a person falls within [F6a 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 [F7assistance—

(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 [F8fee 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)

F5Words 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)