{ "url": "https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012/article-12", "json_url": "https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012/article-12.json", "legislation": "uksi/2012/1796", "legislation_title": "The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012", "legislation_url": "https://openlegislation.uk/armed-forces-enhanced-learning-credit-scheme-and-further-and-higher-education-commitment-scheme-order-2012", "path": "article/12", "kind": "article", "number": "12", "heading": "Payments under the FHEC Scheme", "text": "(1) A payment under the FHEC Scheme must be made to an approved learning provider.\n(2) A payment under the FHEC Scheme must be for the total amount of the tuition fees charged in respect of an academic year to the applicant by the approved learning provider for the course of qualification level learning for which the applicant has enrolled, provided that such payment shall not exceed the total amount of the capped fees as defined in paragraphs (3) to (6).\n(3) Where an approved learning provider is located in England, “capped fees” means the maximum tuition fees which that establishment may lawfully charge persons who fall within Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007 provided that—\n(a) where that approved learning provider is a publicly funded educational establishment, those fees do not exceed the higher amount as defined in paragraph 2(5) of Schedule 2 to the Higher Education and Research Act 2017 and as prescribed in regulations made for the purposes of that paragraph ; or\n(b) where that approved learning provider is not a publicly funded educational establishment, those fees do not exceed £6,000.\n(4) Where an approved learning provider is located in Wales, “capped fees” means—\n(a) where the applicant is a qualifying person undertaking a qualifying course provided by an approved learning provider in relation to which there is an approved plan, the applicable fee limit; or\n(b) in all other cases, £6,000.\n(4A) In paragraph (4), “applicable fee limit”, “approved plan”, “qualifying person” and “qualifying course” have the meanings given in section 57(1) of the Higher Education (Wales) Act 2015 (interpretation).\n(5) Where an approved learning provider is located in Scotland, “capped fees” means the tuition fees which that establishment may lawfully charge students with a relevant connection with Scotland within the meaning of regulation 3 of the Education (Fees) (Scotland) Regulations 2011, provided that those fees do not exceed £6,000.\n(6) Where an approved learning provider is located in Northern Ireland, “capped fees” means the higher amount which that establishment may lawfully charge a person under the Student Fees (Amounts) Regulations (Northern Ireland) 2005 provided that—\n(a) the course is a “qualifying course” within the meaning of regulation 4 of the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 (“the 2007 regulations”), and\n(b) the person is a “qualifying person” within the meaning of regulation 5 of the 2007 regulations.", "extent": "E+W+S+N.I.", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Word in art. 12(2) substituted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 13(2)" }, { "type": "F", "label": "F2", "text": "Words in art. 12(3)(a) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 34(a)" }, { "type": "F", "label": "F3", "text": "Word in art. 12(3)(a) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 34(b)" }, { "type": "F", "label": "F4", "text": "Art. 12(3)(b) substituted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 13(3)" }, { "type": "F", "label": "F5", "text": "Art. 12(4)(4A) substituted for art. 12(4) (30.3.2021) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2021 (S.I. 2021/226), arts. 1, 2(5)" }, { "type": "F", "label": "F6", "text": "Word in art. 12(5) substituted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 14" }, { "type": "F", "label": "F7", "text": "Art. 12(6) inserted (1.4.2015) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2015 (S.I. 2015/497), arts. 1(1), 2(c)" }, { "type": "I", "label": "I1", "text": "Art. 12 in force at 2.9.2012, see art. 1" }, { "type": "footnote", "label": "f1", "text": "S.I. 2007/779 as amended by S.I. 2007/2263, 2010/1172, 2010/1941, 2011/87, 2011/1987, 2012/765, 2012/956 and 2012/1653." }, { "type": "footnote", "label": "f2", "text": "2004 c.8." }, { "type": "footnote", "label": "f3", "text": "The current regulations are the Higher Education (Higher Amount) (England) Regulations 2010 (S.I. 2010/3020)." }, { "type": "footnote", "label": "f4", "text": "S.S.I. 2011/389." } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/2012/1796/article/12", "retrieved_at": "2026-10-29T01:26:01.196939+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }