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The Higher Education (Basic Amount) (England) Regulations 2010

S.I. 2010/3021 · Made 22 December 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2014.

Education, England

Made 22nd December 2010

Coming into force 1st September 2012

The Secretary of State for Business, Innovation and Skills makes the following Regulations in exercise of the powers conferred by sections 24(6) and 47 of the Higher Education Act 2004f1.

In accordance with section 26(2)(a)(ii) of the Act a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2004 c.8.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Application of the new basic amount
  4. 4Prescribed basic amount from 1st September 2012
  5. 5Prescribed basic amount for specified courses from 1st September 2012
  6. 5APrescribed basic amount for part-time courses from 1st September 2012
  7. 6Amendment to the Student Fees (Amounts) (England) Regulations 2004
  8. Signature
  9. Explanatory note

1Citation, commencement and applicationI1

(1)

These Regulations may be cited as the Higher Education (Basic Amount) (England) Regulations 2010.

(2)

These Regulations come into force on 1st September 2012 immediately after the coming into force of the Higher Education (Higher Amount) (England) Regulations 2010f1.

(3)

These Regulations apply in relation to England.

2InterpretationI1

In these Regulations—

  • “the 2004 Act” means the Higher Education Act 2004;

  • “overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man;

  • “sandwich course” has the meaning given in regulation 2(10) of the Education (Student Support) Regulations 2009f1.

3Application of the new basic amountI1

F1(1)

The basic amounts prescribed in F2regulations 4, 5 and 5A apply in relation to the qualifying fees payable by a qualifying person in connection with undertaking a qualifying course where the first academic year of that course begins on or after 1st September 2012 F3except where—

(a)

the qualifying person is an end-on student; or

(c)

the qualifying person transfers from a qualifying course beginning before 1st September 2012 to a qualifying course beginning on or after 1st September 2012.

F4(2)

In this regulation—

  • “designated distance learning course” has the same meaning as in regulation 122 of the Student Support Regulations;

  • “distance learning course” has the same meaning as in regulation 2(1) of the Student Support Regulations;

  • “end-on student” means a qualifying person who is undertaking—

    1. (a)

      a full-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

    2. (b)

      a full-time distance learning honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake a full-time distance learning course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time distance learning foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification; or

    3. (c)

      a part-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend or undertake a part-time higher education course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a part-time foundation or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

  • “the Student Support Regulations” means the Education (Student Support) Regulations 2011;

  • “transfer” means that the qualifying person’s status as a student eligible for support has been transferred under regulations made under section 22 of the Teaching and Higher Education Act 1998 from a full-time course to another full-time course, a part-time course to another part-time course or a designated distance learning course to another designated distance learning course.

4Prescribed basic amount from 1st September 2012I1

Subject to F1regulations 5 and 5A, for the purpose of section 24 of the 2004 Act the basic amount is £6,000.

5Prescribed basic amount for specified courses from 1st September 2012F1I1

(1)

For the purpose of section 24 of the 2004 Act the basic amount is―

(a)

£3,000, in respect of the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b)

£1,200, in respect of an academic year of a sandwich course―

(i)

during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii)

if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;

(c)

£900, in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year―

(i)

during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(ii)

if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks; and

(d)

£900, in respect of an Erasmus year.

(2)

In this regulation, “Erasmus year” has the same meaning as in regulation 2(1) of the Education (Student Support) Regulations 2011, insofar as that definition applies in relation to these Regulations.

5APrescribed basic amount for part-time courses from 1st September 2012F1

For the purpose of section 24 of the 2004 Act the basic amount is £4,500 in respect of a part-time course.

6Amendment to the Student Fees (Amounts) (England) Regulations 2004I1

(1)

The Student Fees (Amounts) (England) Regulations 2004f1 are amended as follows—

(2)

In regulation 6f2 before “higher amounts” insert “basic and”.

Signature

Vince Cable

Secretary of State for Business, Innovation and Skills

Department for Business, Innovation and Skills

22nd December 2010

Explanatory note

(This note is not part of the Regulations)

Section 24 of the Higher Education Act 2004 enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England and the Training and Development Agency for Schools requiring them to impose a condition on financial support given to the governing body of a relevant institution. This condition would require the governing body to secure that the fees payable for a qualifying course by a qualifying student do not exceed either the prescribed basic amount, or, where an institution has an approved plan in force, the amount specified in that plan which is not to exceed the prescribed higher amount.

These Regulations prescribe the basic amount where the first academic year of a relevant course begins on or after 1st September 2012. Regulation 4 sets out the amount which will ordinarily apply. For fees payable in respect of an academic year of courses specified in regulation 5, the basic amount set out in that regulation will apply. The Higher Education (Higher Amount) (England) Regulations 2010 (S.I. 2010/3020) prescribe the higher amounts.

Regulation 6 amends the Student Fees (Amounts) (England) Regulations 2004 (“the 2004 Regulations”) by limiting the basic amounts prescribed in the 2004 Regulations to those cases where the first academic year on a relevant course begins before 1st September 2012.

A full impact assessment which includes the effects that this instrument will have on the costs of business and the voluntary sector is available from the website of the Department of Business, Innovation and Skills at: www.bis.gov.uk/impact-assessments.