Explanatory note

These Regulations amend Part II of the Education (Fees and Awards) (Scotland) Regulations 1983 so that it applies to all the higher education institutions in Scotland funded by the Scottish Higher Education Funding Council, both designated institutions and universities. Previously it applied to designated institutions but not universities. Part II also applies to further education establishments in Scotland and its application to them is unchanged.

Part II enables the institutions to which it applies to charge higher fees for certain matters to students who have not a relevant residential connection with the United Kingdom, Channel Islands or Isle of Man and who do not fall within certain excepted categories.

Similar provision was made for universities throughout the United Kingdom by the Education (Fees and Awards) Regulations 1983 which otherwise applied only to institutions in England and Wales. Those Regulations, however, have now been disapplied to universities in Scotland, having regard to the establishment of separate funding councils for higher education in England, Wales and Scotland, which start to operate on 1st April 1993.

The present Regulations are therefore made to preserve the right of universities in Scotland to charge higher fees. They make no change of substance to that right.