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

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Fee chargingE+W

4.—[F1(1) Subject to paragraph (1B), it is 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, [F24C,] 5, 6A, 7A, 8A, 9A, 9B, [F39BA,] 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or

(b)paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (1A) applies,

than in the case of a person who does fall within any of those paragraphs.]

[F4(1A) This paragraph applies where—

(a)in connection with a course beginning before 1 August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of the course beginning before 1 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 in accordance with regulations made under section 22 of the Teaching and Higher Education Act 1998.

(1B) In relation to a course beginning on or after 1 January 2028, paragraph (1) has effect as if [F5paragraphs 8A, [F69B, 9BA and 9E]] are omitted from paragraph (1)(a).]

(2) For the purposes of this regulation a person falls within [F7a paragraph of] the Schedule 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 support under section 86 of the 2005 Act;

(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 [F8section 10 of the Higher Education (Wales) Act 2015].

Textual Amendments

Commencement Information

I1Reg. 4 in force at 31.8.2007, see reg. 1(2)

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