Explanatory note

These Regulations amend the Higher Education (Basic Amount) (England) Regulations 2016 (S.I. 2016/1205) (“the Basic Amount Regulations”) and the Higher Education (Higher Amount) (England) Regulations 2016 (S.I. 2016/1206) (“the Higher Amount Regulations”).

The principal amendments which these Regulations make are as follows.

Regulations 3 and 6 amend, respectively, regulation 5(3) of the Basic Amount Regulations and regulation 5(3) of the Higher Amount Regulations to remove references to “designated distance learning courses” and “distance learning courses” as there are no longer any students undertaking designated distance learning courses. Those amendments only have effect in respect of an academic year starting on or after 1st August 2018.

The amendments made by regulations 3 and 6 also correct an error in the definition of “end-on student” by substituting the incorrect references to “full-time distance learning” courses with correct references to “part-time” courses. Those amendments come into force on 25th April 2018.

Regulations 4 and 7 and the Schedule update the list of “eligible institutions” listed in the Schedule to both the Basic Amount Regulations and the Higher Amount Regulations. The institutions in question are those which have obtained a Teaching Excellence and Student Outcomes Framework award, which is operated by the Department for Education for rating the quality of teaching in higher education and assessed on an annual basis. Having obtained an award each eligible institution listed in the regulations is entitled to charge fees up to specified upper amounts as prescribed in the Basic or Higher Amount Regulations. The amendments made by these regulations update the list of eligible institutions to ensure that those entitled to charge the upper amount reflects those institutions which obtained a rating for the purposes of Year 2 (academic year 2017/18) of the Framework. Those amendments only have effect in respect of an academic year starting on or after 1st August 2018.