Regulation 4 Fee chargingI1
England and Wales
Subject to paragraph (1B), it is 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 or 12 of the Schedule 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 1 August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year of the course beginning before 1 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 in accordance with regulations made under section 22 of the Teaching and Higher Education Act 1998.
For the purposes of this regulation a person falls within a paragraph of the Schedule if they fall within it—
on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or
otherwise, on the first day of an academic year.
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 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 F10section 10 of the Higher Education (Wales) Act 2015.
Annotations
Textual amendments
- F1
Reg. 4(1) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 5(a) (with reg. 2)
- F2
Word in reg. 4(1)(a) inserted (with application in accordance with reg. 3 of the amending S.I.) by The Education (Student Finance) (Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/764), regs. 2, 5
- F3
Word in reg. 4(1)(a) inserted (4.1.2024) by The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 4(2) (with reg. 2)
- F4
Word in reg. 4(1)(a) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 4(a)
- F5
Reg. 4(1A)(1B) inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 5(b) (with reg. 2)
- F6
Words in reg. 4(1B) substituted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 4(b)
- F7
Words in reg. 4(1B) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 4 (with reg. 2)
- F8
Reg. 4(2) substituted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 6
- F9
Reg. 4(3)(c) omitted (1.8.2024) by virtue of The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024 (S.I. 2024/803), regs. 1(2), 6(3)
- F10
Words in reg. 4(4) substituted (8.3.2019) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(2), 4
Commencement
- I1
Reg. 4 in force at 31.8.2007, see reg. 1(2)