{
  "url": "https://openlegislation.uk/higher-education-fee-limits-wales-regulations-2026/note",
  "json_url": "https://openlegislation.uk/higher-education-fee-limits-wales-regulations-2026/note.json",
  "legislation": "wsi/2026/54",
  "legislation_title": "The Higher Education (Fee Limits) (Wales) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/higher-education-fee-limits-wales-regulations-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations specify the maximum fee limits that apply for the purposes of section 46(6) of the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”). These Regulations also provide that where fees are paid to a person other than a provider registered with the Commission for Tertiary Education and Research (“the Commission”), those fees are to be treated as being paid to the registered provider.\nSection 32(1) of the 2022 Act requires the Commission to impose a fee limit condition on the registration of tertiary education providers who fall within a fee limit category and provide qualifying courses or have qualifying courses provided on their behalf. Regulation 5 of the Commission for Tertiary Education and Research (Registration and De-registration of Tertiary Education Providers in Wales) Regulations 2024 makes provision for the fee limit category for these purposes. “Qualifying course” is defined in section 32(4) of the 2022 Act.\nSection 32(3) of the 2022 Act provides that a fee limit condition requires the governing body of a registered provider to—\n(a) have a fee limit statement approved by the Commission under section 47 of the 2022 Act, and\n(b) secure that course fees payable to the registered provider by a qualifying person undertaking a qualifying course do not exceed the maximum fee specified in the fee limit statement.\n“Qualifying person” is defined in section 32(9) of the 2022 Act.\nSection 46 of the 2022 Act sets out the requirements of a fee limit statement and section 46(6) provides that where a fee limit statement specifies a fee limit in relation to a year and a course, that fee limit must not exceed the amount specified in regulations made by the Welsh Ministers. Regulation 2 specifies the maximum amount which will apply. Regulations 3, 4 and 5 specify lower maximum amounts in respect of certain courses.\nRegulation 6 provides that where a person provides a qualifying course, or part of a qualifying course, on behalf of a registered provider, any payments made to that person by a qualifying person in respect of that course are to be treated as being paid to the registered provider, so that the fee limits set out in these Regulations apply in those circumstances.\nThe Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/54/note",
    "retrieved_at": "2026-10-28T22:55:28.887949+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}