PART 3Corresponding amendments to other subordinate legislation

CHAPTER 5The Higher Education (Fee Limit Condition) (England) Regulations 2017

SECTION 3Qualifying persons

Amendments relating to events occurring after the start of an academic year105

Regulation 4 (qualifying person)83 is amended as follows.

1

In paragraph (1) for the words from “falls within” to the end substitute—

—

a

falls within a settled category or a protected category—

i

on the course start date, where the relevant academic year is the first academic year of the person’s course, or

ii

otherwise, on the first day of a relevant academic year;

b

falls within a prescribed category on the first day of a relevant academic year.

2

In paragraph (2)—

a

for “the date in that paragraph” substitute “1st September 2023”;

b

for “a prescribed category” substitute “a settled category, a protected category or a prescribed category”.

3

In paragraph (4)(a), omit—

a

“3A,”;

b

“5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 6,”;

c

“9A,”.

4

After paragraph (6) insert—

7

Where a protected category event occurs in relation to a person after the course start date, paragraph (8) applies for the purposes of determining whether the person falls within a prescribed category on the first day of the relevant academic year.

8

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

9

For the purposes of this regulation—

  • “protected category” means any category of persons described in paragraph 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H or 6 of Part 2 of the Schedule;

  • “protected category event” means an event specified in regulation 6(2)(b), (i), (j), (k), (l), (m) or (n);

  • “relevant academic year” means an academic year beginning on or after 1st September 2023;

  • “settled category” means any category of persons described in paragraph 3A or 9A of Part 2 of the Schedule.