Search Legislation

Advanced Search

The Higher Education (Fee Limit Condition) (England) Regulations 2017

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Higher Education (Fee Limit Condition) (England) Regulations 2017. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Regulation 2:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. para. 12(1)(a)-(d) Sch. para. 12(a)-(d) renumbered as Sch. para. 12(1)(a)-(d) by S.I. 2019/139 reg. 25(3)(e)(i) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 12(1)(c) words inserted by S.I. 2019/139 reg. 25(3)(e)(ii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. para. 12(1)(d) words inserted by S.I. 2019/139 reg. 25(3)(e)(iii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 Pt. 2 para. 5C inserted by S.I. 2020/46 reg. 2(6)(c) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 2(bbza)(i)(aa)-(ee) substituted for reg. 2(bbza)(i)(aa)-(dd) by S.I. 2024/669 reg. 13

InterpretationE+W

This section has no associated Explanatory Memorandum

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;

[F1(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;

[F2(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;

[F3(bbzza)“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;]

[F4(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 F5...—

(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;]

[F6(bba)“person granted indefinite [F7leave to enter or remain] as a victim of domestic violence or domestic abuse” means a person—

(i)granted indefinite [F7leave to enter or remain] in the United Kingdom under any of the following provisions of the immigration rules F8...—

[F9(aa)paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(bb)where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);]

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

[F10(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;

[F11“ 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 F12..., on the basis of the Afghan Citizens Resettlement Scheme; [F13and]

F14(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(bbac)[F15“person granted leave under the Afghan Relocations and Assistance [F16Policy] 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 [F17immigration rules], having been relocated to the United Kingdom pursuant to paragraph [F18276BB1(iii)(a)] of the [F19immigration rules];

[F20(ia)indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;]

(ii)leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance [F16Policy] Scheme; [F21or]

(iii)indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance [F16Policy] Scheme; [F22and]

F23(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F24“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 [F25immigration rules]; or

(ii)outside the [F26immigration 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 [F27immigration 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 [F28immigration rules]; or

(ii)outside the [F29immigration 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;]

[F30(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 F31...; and

(ii)has been ordinarily resident in the United Kingdom and the Islands since the person was [F32granted 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

F4Reg. 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)

F6Reg. 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)

F7Words in reg. 2(bba) substituted (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, 39(1)(a)

F9Reg. 2(bba)(i)(aa)(bb) substituted for reg. 2(bba)(i)(aa)-(cc) (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, 39(1)(b)

F11Words 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)

F13Word in reg. 2(bbab)(i)(aa) substituted (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), reg. 106(a)(i)

F14Reg. 2(bbab)(i)(bb) omitted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(a)(ii)

F15Words 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)

F21Word in reg. 2 inserted (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), reg. 106(b)(i)

F22Word in reg. 2 substituted (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), reg. 106(b)(ii)

F23Words in reg. 2 omitted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 106(b)(iii)

F24Words 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)

F30Reg. 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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources