Explanatory note

These Regulations bring into force sections 1 and 2 of the Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40) (“the 2023 Act”). These sections amend various provisions of the Higher Education and Research Act 2017 (c. 29) (“the 2017 Act”), which (together with regulations made under them) govern tuition fee limits for higher education courses in relation to England. Section 3 of the 2023 Act came into force on Royal Assent, so these Regulations will bring the Act fully into force.

Regulation 2 brings into force sections 1 and 2 of the 2023 Act, for regulation-making purposes only, on the day after the day on which these Regulations are made. This is to enable regulations to be made under powers in the 2017 Act that have been inserted or amended by the 2023 Act. For all other purposes, sections 1 and 2 of the 2023 Act come into force on 1st September 2026.

Regulation 3 makes saving provision so that the amendments made by the 2023 Act do not apply to higher education courses that begin before 1st January 2027. By virtue of regulation 3(2), the term “higher education course” as used in regulation 3 is to be read without the amendment made to it by section 16 of the Skills and Post-16 Education Act 2022.