Regulation 4 Fee charging
England, Wales and Scotland
Subject to paragraph (1B), it shall be lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within any of —
paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies,
than in the case of a person who does fall within any of those paragraphs.
This paragraph applies where—
in connection with a course beginning before 1st August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an F5relevant year of the course beginning before 1st August 2021; and
A is liable for fees in connection with—
that course; or
a course provided by an institution mentioned in paragraph (3) to which A transfers from that course.
For the purposes of this regulation, a person falls within a paragraph of Schedule 1 if—
in the case of paragraph 2A, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, F98, 8A or 9C of that Schedule—
in relation to the first F10relevant year of the course, they fall within that paragraph on the course start date; or
in relation to any other relevant year of the course, they fall within that paragraph on the first day of that relevant year;
in the case of any other paragraph of that Schedule, they fall within the relevant paragraph on the first day of an academic year of the course.
For the purposes of this regulation, where—
a person becomes, after the course start date or on the first day of F12a relevant year of the course, a person who no longer falls within a paragraph of Schedule 1 as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and
either—
further leave to remain has been granted, or paragraph SUI 13.1 of the immigration rules applies in respect of an application for such leave, or
the person whose leave to remain has expired has become a British or Irish citizen,
the person who would otherwise no longer fall within a paragraph of Schedule 1 is to be treated as falling within the paragraph of Schedule 1 in which they previously fell for the remainder of the duration of the course.
The person is to be treated, for the purposes of determining whether they satisfy any requirement in Schedule 1 to be ordinarily resident in the United Kingdom on the course start date, as if they were, on the course start date, lawfully residing in the place where they were residing on that date.
In this regulation “protected category event”, in relation to a person, means—
the person or the person’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;
the person becomes a person granted section 67 leave;
the person becomes a person granted Calais leave;
the person F20or the person’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes.
the person F21or the person’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes;
For the purposes of paragraph (2C), the following terms have the meanings given for the purposes of Schedule 1—
refugee;
person granted stateless leave;
person granted humanitarian protection;
person granted section 67 leave;
person granted indefinite F22leave to enter or remain as a victim of domestic violence or domestic abuse;
person granted Calais leave;
person granted indefinite F23leave to enter or remain as a bereaved partner;
person granted leave under one of the Afghan Schemes;
person granted leave under one of the Ukraine Schemes.
The institutions mentioned in this paragraph are institutions—
within the higher education sector, including a constituent college, school or hall of such an institution;
within the further education sector;
which are training providers and are receiving financial F24assistance—
from the Secretary of State under section 14 of the Education Act 2002; or
from a person who is receiving financial assistance under that section”.
which provide further education and are maintained by a local education authority;
This regulation does not make lawful the charging of a fee which is unlawful by reason of a F25fee limit condition imposed under section 10 of the Higher Education and Research Act 2017 F26, whether before or after section 10 was amended by the Lifelong Learning (Higher Education Fee Limits) Act 2023.
Annotations
Textual amendments
- F1
Reg. 4(1)-(1B) substituted for reg. 4(1) (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 28(a)
- F2
Word in reg. 4(1)(a) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 20(1)(a)
- F3
Words in reg. 4(1)(a) inserted (3.6.2022 with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 6(1)(a)
- F4
Word in reg. 4(1)(a) inserted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 11(1)(a)
- F5
Word in reg. 4(1A)(a) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 2(2) (with reg. 1(2))
- F6
Words in reg. 4(1B) substituted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 11(1)(b)
- F7
Words in reg. 4(1B) substituted (with application in accordance with reg. 1(3)(g) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 21(1)
- F8
Reg. 4(2)-(2D) substituted for reg. 4(2) (16.2.2023 with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 62
- F9
Words in reg. 4(2)(a) substituted (15.2.2024 with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 14(1)
- F10
Word in reg. 4(2)(a) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 2(3) (with reg. 1(2))
- F11
Reg. 4(2ZA) inserted (15.2.2024 with application in accordance with reg. 2(4)(g) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 15
- F12
Words in reg. 4(2ZA)(a) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 2(4) (with reg. 1(2))
- F13
Reg. 4(2ZA)(b) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 16
- F14
Words in reg. 4(2A) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 2(5)(a) (with reg. 1(2))
- F15
Word in reg. 4(2A) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 2(5)(b) (with reg. 1(2))
- F16
Words in reg. 4(2C)(c) inserted (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(1)
- F17
Words in reg. 4(2C)(c) substituted (15.2.2024 with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 16(1)
- F18
Words in reg. 4(2C)(e) inserted (15.2.2024 with application in accordance with reg. 2(4)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(1)
- F19
Words in reg. 4(2C)(e) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(1)(a) (with reg. 2(2)(b)(4))
- F20
Words in reg. 4(2C)(f) inserted (16.2.2023 with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 63(a)
- F21
Words in reg. 4(2C)(g) inserted (16.2.2023 with application in accordance with reg. 2(4)(5)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 63(b)
- F22
Words in reg. 4(2D)(e) substituted (15.2.2024 with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 16(1)
- F23
Words in reg. 4(2D)(g) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 11(1)(b) (with reg. 2(2)(b)(4))
- F24
Words in reg. 4(3)(c) substituted (1.4.2012) by The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/765), arts. 1, 9(2)
- F25
Words in reg. 4(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 27(3)
- F26
Words in reg. 4(4) inserted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 2(6) (with reg. 1(2))