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Citation, commencement and applicationE+W

1.  These Regulations may be cited as the Higher Education (Fee Limit Condition) (England) Regulations 2017 and come into force on 1st April 2018, immediately after the coming into force of section 10 of the Higher Education and Research Act 2017.

[F11A.  These Regulations apply to English higher education providers.]E+W

Textual Amendments

InterpretationE+W

2.  In these Regulations—

(a)“the Act” means the Higher Education and Research Act 2017;

(b)“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 before 31st December, respectively;

[F2(ba)“allied health profession subject” means chiropody, a dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy or speech and language therapy;

[F3(bza)“the course start date” means the day on which the first term of the first academic year of a course actually begins;]

(bb)“dental profession subject” means dental hygiene, dental therapy and dental hygiene or dental therapy;

[F4(bbzza)“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;]

[F5(bbza)“person granted indefinite leave to remain as a bereaved partner” means a person—

(i)granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules F6...—

(aa)paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners);

(bb)paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners);

(cc)paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

(dd)paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

(ii)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]

[F7(bba)“person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—

(i)granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules F8...—

(aa)paragraph 289B (victims of domestic violence);

(bb)paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

(cc)paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

(ii)who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave;]

[F9(bbaa)“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

[F10“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;]

(bbab)“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(i)who has—

(aa)indefinite leave to enter or remain in the United Kingdom, outside the immigration rules F11..., on the basis of the Afghan Citizens Resettlement Scheme; or

(bb)indefinite leave to enter or remain in the United Kingdom, outside those rules. as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

(ii)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

(bbac)[F12“person granted leave under the Afghan Relocations and Assistance [F13Policy] Scheme” means a person—

(a)who has —

(i)indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the [F14immigration rules], having been relocated to the United Kingdom pursuant to paragraph [F15276BB1(iii)(a)] of the [F16immigration rules];

(ia)[F17indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of those rules;]

(ii)leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance [F13Policy] Scheme;

(iii)indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance [F13Policy] Scheme; or

(iv)leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner, having been granted that leave under paragraph [F18276BJ2 or 276BO2] of those rules [F19or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of those rules];

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F20“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

(a)who has leave to enter or remain in the United Kingdom—

(i)under paragraph UKR 19.1 of Appendix Ukraine Scheme of the [F21immigration rules]; or

(ii)outside the [F22immigration rules] where the person—

(aa)was residing in Ukraine immediately before 1st January 2022; and

(bb)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Ukraine Extension Scheme” means a person—

(a)who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the [F23immigration rules]; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Ukraine Family Scheme” means a person—

(a)who has leave to enter or remain in the United Kingdom—

(i)under paragraph UKR 9.1 of Appendix Ukraine Scheme of the [F24immigration rules]; or

(ii)outside the [F25immigration rules] where the person—

(aa)was residing in Ukraine immediately before 1st January 2022; and

(bb)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]

[F26(bbb)“person granted Calais leave” means a person who—

(i)has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules F27...; and

(ii)has been ordinarily resident in the United Kingdom and the Islands since the person was [F28granted such leave to remain];]

(bc)“pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course and which qualification is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i)the Health and Care Professions Council, for operating department practice and allied health profession subjects other than dental profession subjects;

(ii)the Nursing and Midwifery Council, for midwifery or nursing;

(iii)the General Dental Council, for dental profession subjects;

(iv)the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work;]

(c)“register” means the register maintained by the Office for Students under section 3 of the Act; and

(d)“single course” means a course to which regulation 5(8) of the Education (Student Support) Regulations 2011 M1 applies and which falls within the description of a course in that regulation.

Textual Amendments

F5Reg. 2(bbza) inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 16(2)

F7Reg. 2(bba) inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(6)(a)

F10Words in reg. 2 inserted (with application in accordance with reg. 1(4)(f) 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), 19(1)(a)

F12Words in reg. 2 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), 51(1)

F20Words in reg. 2 inserted (with application in accordance with reg. 1(4)(f) 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), 19(1)(b)

F26Reg. 2(bbb) inserted (13.2.2020) (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(6)(a)

Marginal Citations

Prescribed Registered Higher Education ProviderE+W

3.  A higher education provider registered in the ‘Approved (fee cap)’ part of the register is prescribed for the purposes of section 10(1) of the Act.

Qualifying PersonE+W

4.—(1) Subject to [F29paragraphs (3) and (6)] and regulations 5 and 6, a qualifying person is a person who falls within a prescribed category on the first day of an academic year which commences on or after 1st September 2019.

(2) Paragraph (1) includes a person who undertakes a qualifying course in an academic year which began before the date in that paragraph but who nevertheless falls within a prescribed category on the first day of an academic year commencing on or after that date.

(3) Paragraph (1) does not apply to a person ineligible for support by reason of regulations 4(3)(c), (d), (e), (f) or (g), 4(4), 137(3) and 137(4) of the Education (Student Support) Regulations 2011.

[F30(4) In this regulation, subject to paragraph (6), “prescribed category” means any category of persons described—

(a)in paragraphs 3, 3A, 4, 5, 5A, 5B, 5C, 5D, 5E, [F315F,] [F325G, 5H,] 6, 7A, 8A, 9A, 10A, 10B, [F3310BA,] 10C, 10D, 10E, 11A, 12A, 13A and 14 in Part 2 of the Schedule; or

(b)in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule, where paragraph (5) applies.

(5) This paragraph applies where—

(a)in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule in relation to an academic year beginning before 1st August 2021; and

(b)A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course.]

[F34(6) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (4) has effect as if sub-paragraph (a) did not mention paragraphs [F359A, 10B, 10BA and 10E] in Part 2 of the Schedule.]

Textual Amendments

F31Word in reg. 4(4)(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), 51(2)

F32Words in reg. 4(4)(a) inserted (with application in accordance with reg. 1(3)(f) 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), 18(1)

Qualifying person: exceptionsE+W

5.—(1) A person is not a qualifying person if—

(a)the person holds a higher education qualification; and

(b)the qualifying course leads to a qualification which is an equivalent or lower qualification.

(2) But paragraph (1) does not apply—

(a)where—

(i)the qualifying course is a course for the initial training of teachers F36...;

(ii)the duration of a full-time course does not exceed two years; or

(iii)the duration of a part-time course does not exceed four years; and

(iv)the qualifying person is not a qualified teacher; or

(b)in respect of any part of a single course where—

(i)the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and

(ii)the qualifying person only has an honours degree which was received as part of that single course; or

(c)where the qualifying course is a foundation degree.

[F37(2A) Paragraph (2)(a) does not apply where—

(a)the current course is a course for the initial training of teachers in further education which has content equivalent to a Diploma in Education and Training, a Professional Graduate Certificate in Education or a Postgraduate Certificate in Education; and

(b)the student already holds qualified teacher learning and skills status.]

(3) In this regulation—

(a)Subject to paragraphs (3)(b) to (3)(e) “equivalent or lower qualification” has the meaning given in regulation 2 of the Education (Student Support) Regulations 2011;

(b)but a qualification is not an equivalent or lower qualification where it relates to a part-time course—

(i)which is a course in [F38engineering and technology or computing] (or a combination of those subjects);

(ii)which leads to an honours degree; and

(iii)in respect of which the student begins the course on or after 1 August 2015.

(c)a qualification is not an equivalent or lower qualification where it relates to a part-time course—

[F39(i)which is a course in agriculture, food and related studies, biological and sport studies, F40... [F41geography, earth] and environmental studies, mathematical sciences, medicine and dentistry, physical sciences, psychology, subjects allied to medicine or veterinary sciences (or a combination of those subjects);]

(ii)which leads to an honours degree; and

(iii)in respect of which the student begins the course on or after 1 August 2017.

[F42(d)a qualification is not an equivalent or lower qualification where—

(i)it relates to a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(ii)that course commenced on or after 1st August 2017 (or in the case of a course in a dental profession subject, commences on or after 1st August 2018); and

(iii)the qualification falls within sub-paragraph (da);

(da)a qualification falls within this sub-paragraph if—

(i)it leads to an ordinary or an honours degree;

(ii)in respect of a course in a dental profession subject, it leads to an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii)in respect of a course in operating department practice, it leads to an ordinary degree, an honours degree or a diploma;]

(e)“qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 M2 but does not include any person who—

(i)is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003 M3 (“the 2003 Regulations”); and

(ii)has not been assessed by an accredited institution within the meaning of regulation 11 of the 2003 Regulations as meeting the specified standards within the meaning of paragraph 1 of Schedule 2 to the 2003 Regulations.

[F43(f)“qualified teacher learning and skills status” means the status held by a person who is outside the definition of “qualified teacher” in this regulation by virtue of that person falling within the proviso described in paragraphs (i) and (ii) of that definition;

(g)“course for the initial training of teachers” has the same meaning as in regulation 2(1) of the Education (Student Support) Regulations 2011.]

Textual Amendments

F36Words in reg. 5(2)(a)(i) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 50(a)

F37Reg. 5(2A) inserted (with application in accordance with reg. 1(3)(b) 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), 50(b)

F38Words in reg. 5(3)(b)(i) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 46(2)(a)

F39Reg. 5(3)(c)(i) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 46(2)(b)

F40Words in reg. 5(3)(c)(i) omitted (13.2.2020) (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 8(2)(a)

F41Words in reg. 5(3)(c)(i) substituted (13.2.2020) (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 8(2)(b)

F43Reg. 5(3)(f)(g) inserted (with application in accordance with reg. 1(3)(b) 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), 50(c)

Marginal Citations

Qualifying person: effect of event during academic yearE+W

6.—(1) Where an event specified in paragraph (2) occurs in the course of an academic year which results in a person falling within Part 2 of the Schedule to these Regulations in the course of that academic year, that person is not a qualifying person in respect of the academic year in which the event occurred.

(2) The events are—

(a)the student's course becomes a designated course;

(b)the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes [F44a person granted stateless leave or] a person granted humanitarian protection;

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(d)the student becomes a family member described in paragraph 10A(1)(a), 10B(1)(a), 10C(1)(a), 10D(1)(a) or 10E(1)(a) in Part 2 of the Schedule;]

[F47(e)the student becomes a person described in paragraph 4(a) of Part 2 of the Schedule;]

F48(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the student becomes a person described in [F49paragraph 7A(1)(a) in Part 2 of the Schedule] of Part 2 of the Schedule; F50...

[F51(h)the student becomes a person described in paragraph 12A(a) in Part 2 of the Schedule;]

[F52(i)the student becomes a person granted section 67 leave;]

[F53(j)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; F54...]

[F55(k)the student becomes a person granted Calais leave;]

[F56(l)the student becomes a person granted indefinite leave to remain as a bereaved partner;]

[F57(m)the student becomes a person granted leave under [F58one of the Afghan Schemes],] [F59or]

[F60(n)the student becomes a person granted leave under one of the Ukraine Schemes.]

Textual Amendments

F50Word in reg. 6(2)(g) omitted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 46(3)(a)

F52Reg. 6(2)(i) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 46(3)(c)

F53Reg. 6(2)(j) inserted (13.2.2020) (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(6)(b)(ii)

F54Word in reg. 6(2)(j) omitted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 16(3)(a)

F55Reg. 6(2)(k) inserted (13.2.2020) (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(6)(b)

F56Reg. 6(2)(l) and preceding word inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 16(3)(b)

F57Reg. 6(2)(m) 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), 51(3)

F59Word in reg. 6(2) relocated (with application in accordance with reg. 1(4)(f) 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), 19(2)

F60Reg. 6(2)(n) inserted (with application in accordance with reg. 1(4)(f) 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), 19(2)

Qualifying courseE+W

7.—(1) For the purposes of section 10(6) of the Act, but subject to paragraph (2), a qualifying course is a higher education course which—

(a)is designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 M4 on the first day of an academic year which begins during the payment period; and

(b)is provided by a higher education provider whose activities are wholly or principally carried on in England.

[F61(1A) Paragraph (2) applies only where the first academic year (as defined in regulation 2(b)) of a course begins on or after 1st September 2019.]

(2) A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the higher education provider was not within the ‘Approved (fee cap)’ part of the register.

Textual Amendments

Marginal Citations

M41998 c.30; section 22 was amended by the Learning and Skills Act 2000 (c.21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6; the Finance Act 2003 (c.14), section 147; the Higher Education Act 2004, sections 42 and 43 and Schedule 7, and the Education Act 2011 (c.21), section 76.

Jo Johnson

Minister of State for Education

Department for Education