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The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019

S.R. 2019/102 · Made 10 May 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Education

Made 10th May 2019

Coming into operation in accordance with regulation 1

The Department for the Economyf1, in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998f2and Articles 4(8) and 14(4) of the Higher Education (Northern Ireland) Order 2005f3 makes the following Regulations.

In accordance with Article 4(11)(a)(i) and (b)(i) of the Higher Education (Northern Ireland) Order 2005 the Department is satisfied that the increases to the basic and higher amounts are no greater than are required to maintain the value of those amounts in real terms.

Annotations to the whole text

Footnotes

f1

Formerly the Department for Employment and Learning; see Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

f2

S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21), section 147(3)(a) and (b), the Student Loans (Amendment) Act (Northern Ireland) 2001, (c.2 (N.I.)), s.1(1), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s. 147(4), the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12 and the Schedule, and by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, (S.I. 2013/1881), Schedule 1.

f3

S.I. 2005/1116 (N.I. 5)

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. Part 2: AMENDMENT OF THE STUDENT FEES (AMOUNTS) REGULATIONS (NORTHERN IRELAND) 2005
  4. 2Amendment of Student Fees (Amounts) Regulations (Northern Ireland) 2005
  5. 3Amendment of Student Fees (Amounts) Regulations (Northern Ireland) 2005
  6. 4Amendment of Student Fees (Amounts) Regulations (Northern Ireland) 2005
  7. Part 3: AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) (No.2) REGULATIONS (NORTHERN IRELAND) 2009
  8. 5Amendment of the Education (Student Support)(No. 2) Regulations (Northern Ireland) 2009
  9. 6Amendment of regulation 6
  10. 7Amendment of regulation 124
  11. 8Amendment of regulation 141
  12. 9Amendment of regulation 152
  13. Signature
  14. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Student Fees (Amounts) and Education (Student Support (No.2)) (Amendment) Regulations (Northern Ireland) 2019.

(2)

Regulations 2 to 4 come into operation on 1st September 2020.

(3)

Regulations 5 to 9 come into operation on 31st May 2019.

2Amendment of Student Fees (Amounts) Regulations (Northern Ireland) 2005

The Student Fees (Amounts) Regulations (Northern Ireland) 2005f1 shall be amended as provided by regulations 3 and 4.

3Amendment of Student Fees (Amounts) Regulations (Northern Ireland) 2005

In regulation 3 (Prescribed basic and higher amounts)—

(a)

for “£1,690” substitute “£1,735”; and

(b)

for “£4,275” substitute “£4,395”.

4Amendment of Student Fees (Amounts) Regulations (Northern Ireland) 2005

In regulation 4 (Prescribed basic and higher amounts for specified courses)—

(a)

for “£825” substitute “£845”; and

(b)

for “£2,125” substitute “£2,185”.

5Amendment of the Education (Student Support)(No. 2) Regulations (Northern Ireland) 2009

The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009f1 shall be amended as provided by regulations 6 to 9.

6Amendment of regulation 6

In regulation 6f1 (designated courses)—

(a)

for paragraph (1)(e), substitute—

“(e)

either—

(i)

wholly provided by an authority-funded institution in Northern Ireland, Scotland or in Wales where the course began before 1st September 2017;

(ii)

provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017;

(iii)

provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland, or in Wales where the course began before 1st September 2017;

(iv)

provided by an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom;

(v)

provided by a publicly-funded institution in Northern Ireland, Scotland or Wales on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;

(vi)

wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(vii)

provided by an approved (fee cap) provider on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;

(viii)

provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom;

(ix)

provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017; or

(x)

provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland”.

(b)

in paragraph (6)(d), after “which is”, insert “an approved provider or”.

7Amendment of regulation 124

In regulation 124f1 (designated part-time courses)—

(a)

in paragraph (1), for sub-paragraph (d), substitute—

“(d)

it is either—

(i)

wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii)

provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii)

wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv)

provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v)

provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom; or

(vi)

provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom.”.

(b)

in paragraph (5)(d), after “which is”, insert “an approved provider or”.

8Amendment of regulation 141

In regulation 141f1 (designated postgraduate courses)—

(a)

in paragraph (1), for sub-paragraph (c), substitute—

“(c)

it is either—

(i)

wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii)

provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii)

wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv)

provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v)

provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or

(vi)

provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.”.

(b)

in paragraph (2)(d), after “which is”, insert “an approved provider or”.

9Amendment of regulation 152

In regulation 152f1 (designated master’s, etc. courses)—

(a)

in paragraph (1), for sub-paragraph (c), substitute—

“(c)

it is either—

(i)

wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii)

provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii)

wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv)

provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v)

provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or

(vi)

provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.”.

(b)

in sub-paragraph (d) of paragraph (3), after “which is”, insert “an approved provider or”.

Signature

Sealed with the Official Seal of the Department for the Economy on 10th May 2019.

L.S.

Mr Trevor Cooper

A senior officer of the Department for the Economy

Explanatory note

(This note is not part of the Regulations)

Regulations 2 to 4 of these regulations amend the Student Fees (Amounts) Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) by increasing the basic and higher amounts prescribed in the 2005 Regulations. In each case the increases are by 2.9%, and will come into operation on 1st September 2020.

The 2005 Regulations prescribe the basic and higher amounts which higher education institutions in Northern Ireland may charge by way of tuition fees. Regulation 3 of the 2005 Regulations sets out the basic and higher amounts which ordinarily apply. Regulation 4 of the 2005 Regulations sets out the lower basic and higher amounts which apply in respect of an academic year of specified courses.

Regulations 5 to 9 of these regulations make amendments to the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009. These amendments correct course eligibility criteria which had been inserted in error by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019. Regulations 5 to 9 come into operation on 31st May 2019.