Title, commencement and application

1.-(1) The title of these Regulations is the Student Fees (Amounts) (Wales) Regulations 2011 and they come into force on 31 March 2011.

(2) These Regulations apply in relation to Wales.

Interpretation

2. In these Regulations-

• "the 2004 Act" ("Deddf 2004") means the Higher Education Act 2004;

• "overseas institution" ("sefydliad tramor") means an institution other than one in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man;

• "sandwich course" ("cwrs rhyngosod") has the meaning given in regulation 2(6) of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011(4).

Prescribed basic and higher amounts

3. Subject to regulation 4, for the purpose of section 28 of the 2004 Act, the basic amount is prescribed as £4,000 and the higher amount is prescribed as £9,000.

Prescribed basic and higher amounts for specified courses

4. For the purpose of section 28 of the 2004 Act the basic amount is prescribed as £2,000 and the higher amount is prescribed as £4,500 in the following cases:

(a)the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks' attendance;

(b)in respect of a sandwich course, an academic year-

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

(ii)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;

(c)in respect of a course of initial training of teachers (including such a course leading to a first degree), an academic year during which any periods of full time study are in aggregate less than 10 weeks;

(d)in respect of a course provided in conjunction with an overseas institution, an academic year-

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

(ii)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.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the basic and higher amounts which relevant institutions may charge by way of tuition fees for full-time undergraduate courses.

The basic and higher amounts are prescribed for the purposes of conditions in accordance with section 28 of the Higher Education Act 2004 ("the 2004 Act"), being conditions for the purposes of section 27 of the 2004 Act.

Section 27 of the 2004 Act enables the Welsh Ministers to impose conditions on grants to the Higher Education Funding Council for Wales ("the Council") requiring it to impose conditions on financial support given by the Council to the governing body of a relevant institution. These conditions will require the governing body to secure that the fees payable for a qualifying course by a qualifying person do not exceed the basic amount specified in these Regulations, or, where an institution has an approved plan in force, the amount specified in that plan which is not to exceed the higher amount prescribed by these Regulations.

Regulation 3 prescribes the amounts which will ordinarily apply. For certain courses specified in regulation 4, lower amounts are prescribed.

The Regulatory Impact Assessment applicable to these Regulations is obtainable from the Welsh Assembly Government at: Cathays Park Cardiff CF10 3NQ.