The Student Fees (Approved Plans) (England) Regulations 2004

These Regulations may be cited as the Student Fees (Approved Plans) (England) Regulations 2004 and shall come into force on the day after the day on which they are made.

These Regulations apply in England.

to take, or secure the taking of, the measures set out in the plan in order to attract an increased number of applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in higher education;

to provide, or secure the provision of, bursaries and other forms of financial assistance set out in the plan to students undertaking a course^f2 at the institution;

to make the arrangements set out in the plan to make available to students undertaking a course at the institution and prospective students wishing to undertake such a course information about financial assistance available to them from any source;

to make the arrangements set out in the plan to inform any prospective student before he commits himself to undertake a course at the institution of the aggregate amount of fees that the institution will charge for the completion of the course;

to monitor in the manner set out in the plan its compliance with the provisions of the plan and its progress in achieving its objectives set out in the plan by virtue of regulation 4; and

to provide the Director with such information as he may reasonably require from time to time.

the Director must inform the governing body within a reasonable time whether he approves the plan or whether he is minded not to approve the plan, giving reasons in the latter case;

where the Director informs the governing body under paragraph (a) that he is minded not to approve the plan, the governing body may, within a reasonable time, do either or both of the following—

where the governing body acts in accordance with paragraph (b), the Director must within a reasonable time consider the representations or modifications (or both) to the plan and, having considered them, inform the governing body whether or not he approves the plan;

where the governing body does not act in accordance with paragraph (b) within a reasonable time, the Director must, within a further reasonable time, inform the governing body whether or not he approves the plan.

where the Director considers that the governing body may have failed to comply with any provision of the plan, he must inform the governing body of that fact, specifying the provision, and give the governing body a reasonable time within which to make representations;

where the governing body makes representations within a reasonable time, the Director must consider the representations and, having considered them, inform the governing body whether he is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;

where the governing body does not make representations within a reasonable time, the Director must inform the governing body whether he is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;

where the Director has informed the governing body that he is satisfied that the governing body has failed to comply with a specified provision of the plan, the Director may inform the governing body that he is minded to do either or both of the following—

where the Director has informed the governing body under paragraph (d), he must give the governing body a reasonable time within which to make representations as to the amount of the specified financial requirements to be included in the direction or the financial consequences of the refusal to approve a new plan;

where the governing body makes representations within a reasonable time, the Director must consider the representations and, having considered them—

where the governing body does not make representations within a reasonable time—

subject to regulation 11, a specified amount which in the opinion of the Director approximately equals 110 per cent of the total amount by which fees charged to students have exceeded the relevant maximum fees permitted by the plan;

a specified amount which in the opinion of the Director approximately equals 110 per cent of the total amount by which in any year the expenditure incurred in compliance with provisions included in the plan pursuant to regulation 3(a), (b) and (c) falls short of any expenditure levels set out in the plan , and

a specified amount which the Director considers appropriate in view of the severity of the governing body’s failure to comply with the plan, up to maximum of £500,000.

refunded in respect of all or substantially all of the students concerned the whole or substantially the whole of the total amount by which fees charged exceeded the maximum fees permitted by the plan; or

incurred expenditure in compliance with provisions included in the plan pursuant to regulation 3(a), (b) and (c) which exceeds the expenditure levels set out in the plan by the shortfall mentioned in regulation 10(b).

any decision to approve a plan under regulation 5(a) and any decision to approve or not to approve a plan under regulation 5 (c) or (d);

any decision to approve or not to approve a variation under regulation 8;

any enforcement decision under regulation 9(b), (c), (f)(i), (f)(ii), (g)(i) or (g)(ii).

the governing body presents a material factor for consideration to which for good reason it had not previously drawn the Director’s attention;

the governing body considers that the Director had disregarded a material factor which he should have considered; or

the governing body considers that the provisional decision is disproportionate in view of all the relevant facts which were considered by the Director.