Citation, commencement and application

1.  These Regulations may be cited as the Higher Education (Higher Amount) (England) Regulations 2016 and come into force on 6th January 2017.

2.  These Regulations apply in relation to England.

Interpretation

3.  In these Regulations-

"the 2004 Act" means the Higher Education Act 2004;

"Erasmus year" has the meaning given in regulation 2(1) of the Student Support Regulations;

"overseas institution" means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

"sandwich course" has the meaning given in regulation 2(10) of the Student Support Regulations;

"the Student Support Regulations" means the Education (Student Support Regulations) 2011(3).

Meaning of "eligible institution"

4.  An eligible institution is an institution listed in the Schedule to these Regulations.

Application of the new higher amounts

5.-(1) The higher amounts prescribed in regulations 6, 7 and 8 apply in relation to the qualifying fees payable by a qualifying person in connection with a qualifying course in respect of an academic year of that course, if that academic year begins on or after 1st August 2017.

(2) The higher amounts do not apply if-

(a)the qualifying course began before 1st September 2012;

(b)the qualifying person is an end-on student; or

(c)the qualifying person transfers from a qualifying course beginning before 1st September 2012 to a qualifying course beginning on or after 1st September 2012.

(3) In this regulation-

"designated distance learning course" has the meaning given in regulation 122 of the Student Support Regulations;

"distance learning course" has the given meaning in regulation 2(1) of the Student Support Regulations;

"end-on student" means a student who is undertaking-

"transfer" means that the qualifying person's status as student eligible for support has been transferred under regulations made under section 22 of the Teaching and Higher Education Act 1998(4) from a full-time course to another full-time course, a part-time course to another part-time course or a designated distance learning course to another designated distance learning course.

Prescribed higher amount from 1st August 2017

6.-(1) The higher amount is-

(a)£9,250 in respect of an eligible institution; or

(b)£9,000 in respect of any other institution.

(2) This regulation does not apply in relation to courses identified in either regulation 7 or 8.

Prescribed higher amount for specified courses from 1st August 2017

7.-(1) In respect of the final academic year of a course if that academic year is normally required to be completed after less than 15 weeks' attendance, the higher amount is-

(a)£4,625 in respect of an eligible institution; or

(b)£4,500 in respect of any other institution.

(2) The higher amount is the amount specified in paragraph (3) in respect of an academic year of a sandwich course-

(a)during which any periods of full-time study are in aggregate less than 10 weeks; or

(b)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(3) The higher amount is-

(a)£1,850 in respect of an eligible institution; or

(b)£1,800 in respect of any other institution.

(4) In respect of an Erasmus year, the higher amount is-

(a)£1,385 in respect of an eligible institution; or

(b)£1,350 in respect of any other institution.

(5) The higher amount is the amount specified in paragraph (6) in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year-

(a)during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(b)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(6) The higher amount is-

(a)£1,385 in respect of an eligible institution; or

(b)£1,350 in respect of any other institution.

Prescribed higher amount for part-time courses from 1st August 2017

8.  The higher amount in respect of a part-time course is-

(a)£6,935 in respect of an eligible institution; or

(b)£6,750 in respect of any other institution.

Regulation 4

SCHEDULEEligible Institutions

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 24 of the Higher Education Act 2004 (c.8) enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England requiring it to impose a condition on financial support given to the governing body of a relevant institution. This condition would require the governing body to secure that the fees payable for a qualifying course by a qualifying student do not exceed either the prescribed basic amount, or, where an institution has an approved plan in force, the amount specified in that plan which is not to exceed the prescribed higher amount.

These Regulations prescribe that the higher amounts in respect of a relevant course for an academic year of that course which starts on or after 1st August 2017 are those listed in regulations 6, 7 and 8. Regulation 6 sets out the higher amounts which will ordinarily apply. For fees payable in respect of an academic year of courses specified in regulation 7, the higher amounts set out in that regulation will apply. Regulation 8 sets out the higher amounts which will apply in respect of part-time courses. The Higher Education (Basic Amount) (England) Regulations 2016 will prescribe the higher amounts.

For each type of course two higher amounts are prescribed. An upper higher amount applies in the case of an "eligible institution", which regulation 4 defines as an institution listed in the Schedule to the regulations. These are institutions which have achieved a "Meets Expectations" rating for the purposes of Year One of the Teaching Excellence Framework, a scheme operated by the Department for Education for rating the quality of teaching in higher education. A second higher amount, which reflects the amounts prescribed in the Higher Education (Higher Amount) (England) Regulations 2010, will apply to any other institution that is subject to a condition imposed under section 24.

Regulation 5(2) provides that the amounts described above do not apply where the first academic year of a relevant course begins before 1st September 2012, where a student is an end-on student, or the student has transferred from a course that began before 1st September 2012 to a course that began on or after that date. In each of these cases the amounts set out in the Student Fees (Amounts) (England) Regulations 2004 (S.I. 2004/1932) will continue to apply.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.

The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.