Education (Fees and Awards) Act 1983
1983 c. 40 · Enacted 13 May 1983 · Extends to England, Wales and Scotland
An Act to make provision with respect to the fees charged by universities and other institutions to students not having the requisite connection with the United Kingdom, the Channel Islands or the Isle of Man and the exclusion of such students from eligibility for certain discretionary awards.
[13th May 1983]
C1C2I1C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C6C7C8
Annotations to the whole text
Modifications
- C1
Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)
- C2
Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)
- C3
Act applied (Canterbury and York except Channel Islands and Isle of Man) (26.7.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 7(3); Archbishops' Instrument 1991 No. 1 (made 26.7.1991)
Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2
- C4
Education Acts explained (6. 5. 1992) (re. certain references) by Further and Higher Education Act 1992 (c. 13), s. 1(6); S.I. 1992/831, art. 2, Sch.1
- C5
Act (except s. 1): certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
- C6
Act applied (E.W.) (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2
- C7
Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)
- C8
Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)
Commencement
- I1
Act wholly in force at Royal Assent
Contents
- 1Fees at universities and further education establishments.
- 2Discretionary awards.
- 3Short title interpretation and extent.
1Fees at universities and further education establishments.C1
The Secretary of State may, as respects any institutions to which this section applies, make regulations requiring or authorising the charging of fees which are higher in the case of students not having such connection with the United Kingdom or any part of it as may be specified in the regulations than in the case of students having such a connection.
The regulations may provide for exceptions and make different provision for different cases or purposes.
This section applies to—
any university, university college, or college school, hall or other institution of a university;
any institution which provides higher education or further education (or both) and is either maintained by a F3local authority or falls within subsection (3A) below; and
any institution within the higher education sector
any designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992; and
any further education institution in Scotland (i)
which is administered by an education authority.; or
which is a college of further education for which there is a board of management established under Part I of the Further and Higher Education (Scotland) Act 1992.
any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial F8assistance—
from the Secretary of State or the Welsh Ministers under section 14 of the Education Act 2002, or
from a person who is receiving financial assistance under that section;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any institution which receives funding from the F14Welsh Ministers or the Commission for Tertiary Education and Research (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations.
An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified.
In this section “fees” includes charges however described (including charges for board and lodging) and “public funds” means assistance from a local authority or, in Scotland, an education authority or grants under F16section 485 of the Education Act 1996 or section 73 of the M1Education (Scotland) Act 1980 F17and expressions used in this section and in the F18the 1996 Act have the same meaning as in that Act..
The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2Discretionary awards.P1P2
The Secretary of State may, as respects any awards to which this section applies, make regulations authorising the adoption of rules of eligibility which confine the awards to persons having such connection with the United Kingdom or any part of it as may be specified in the regulations.
The regulations may provide for exceptions and make different provision for different cases or purposes.
This section applies to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
such . . . awards (however described) as may be specified by the regulations, being awards in connection with courses of education or training or the undertaking of research.
The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.