The Agriculture (Student Fees) Regulations (Northern Ireland) 2023

• (2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person had gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

• (3) For the purpose of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 19th June 2023

Seamus McErlean — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 5 of the Agriculture Act (Northern Ireland) 1949 (“the Act”) enables the Department of Agriculture, Environment and Rural Affairs (“the Department”) to provide instruction in agriculture and related matters. Section 5A, which was added to the Act by way of amendment through the Education (Northern Ireland) Order 2006, provides that the Department may through regulations charge fees for or in connection with the provision of the aforementioned instruction.

These Regulations make provision about fees payable by persons in higher education delivered by the Department through the College of Agriculture, Food and Rural Enterprise (CAFRE) to the Department and replaces the Agriculture (Student fees) Regulations (Northern Ireland) 2022 .

Regulation 1 and regulation 2 refer to the citation, commencement and interpretation of these regulations while regulation 3 revokes the Agriculture (Student fees) Regulations (Northern Ireland) 2022.

Part 2 (Courses) regulation 4 through to regulation 7 define the types of higher education courses and their mode of study that student fees will apply at CAFRE.

Part 3 (Student Fee Frameworks) regulation 8 and regulation 9 define the two higher education student fee frameworks in operation at CAFRE, namely the current fee framework and the 2022 legacy fee framework. These frameworks ensure that students who commenced their course before the current fee framework came into operation will continue on the terms of the 2022 legacy framework until such times as they complete that course.

Part 4 (Student Categories) regulation 10 through to regulation 12 define the 3 categories of students at CAFRE – home student, student from Great Britain and international student. These categories are used as one of the determining factors in the appropriate level of fee to be charged to the student at CAFRE.

Part 5 (Intensity of Study) regulation 13 sets out the formula to calculate the percentage of study to be undertaken by a student based on course credits to that of a full-time student in an academic year.

Part 6 (Student Fee Codes) is split into two chapters with each chapter specific to one of the student fee frameworks. Regulation 14 through to regulation 17 defines the student fee codes applicable under the current fee framework, separated firstly by the student category and then by the type of higher education course being undertaken. Regulation 18 through to regulation 21 defines the student fee codes applicable under the 2022 legacy fee framework, separated firstly by the student category and then the type of higher education course being undertaken.

Part 7 (In-Year Events) regulation 22 permits a fee code, and subsequently the student fee rate, to change in the following academic year where the student’s qualifying person circumstances change during an academic year that affects their student category.

Part 8 (Higher Education Student Fee Amounts) regulation 23 through to regulation 25 stipulates the fee payable to the Department.

Schedule 1 (Student Fee Amounts) lists the full-time fee payable by a student to the Department in accordance with the fee code that is applied to the student.

Schedule 2 (Qualifying Persons) sets out the different categories of qualifying persons to which the appropriate student category and student fee is applied.

Footnotes

[^f00001]: The Ministry of Agriculture for Northern Ireland was renamed as the Department of Agriculture for Northern Ireland, see the Northern Ireland Constitution Act 1973 c.36 section 7(3): renamed as the Department of Agriculture and Rural Development, see the Departments (Northern Ireland) Order 1999/283 (N.I.), Article 3(4); renamed as the Department of Agriculture, Environment and Rural Affairs, see Departments (Northern Ireland) Act 2016 c.5 (N.I), section 1(2).

[^f00002]: 1949 c.2 (N.I.). Section 5A(1) and (2) was inserted by Article 42(1) of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11))

[^f00003]: S.R. 2022 No. 199

[^f00004]: S.R. 2020 No. 1209

[^f00005]: OJ L158, 30.4.2004, p77-123

[^f00006]: Cmnd. 2073

[^f00007]: Cmnd, 2183

[^f00008]: 2020 c.1.

[^f00009]: 2020 c.1.

[^f00010]: 1971 c.77.

[^f00011]: 2002 c.41.

[^f00012]: Cmnd. 9171

[^f00013]: Cmnd. 3906

[^f00014]: 2020 c.1.

[^f00015]: 1979 c.77, section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c.61)

[^f00016]: Cmd. 4904.

[^f00017]: 1981 c.61

Editorial notes

[^key-28424c79ed0831e15bbda55464577722]: Reg. 1 in operation at 1.9.2023, see reg. 1

[^key-a658d3365628886879f942c577ad8a04]: Reg. 2 in operation at 1.9.2023, see reg. 1

[^key-ed64aa8e3c1b5e21baffce3382b63331]: Reg. 3 in operation at 1.9.2023, see reg. 1

[^key-b9db97604b8cba7a22b9b0b4b07b4c5f]: Reg. 4 in operation at 1.9.2023, see reg. 1

[^key-63bf5ceb5e54c7201b3cb49a790e994e]: Reg. 5 in operation at 1.9.2023, see reg. 1

[^key-a758347cf8128198bbbc674bffaa9bed]: Reg. 6 in operation at 1.9.2023, see reg. 1

[^key-4d84d25cd5e65413b3a7e69447a70cb0]: Reg. 7 in operation at 1.9.2023, see reg. 1

[^key-869a780296dbfdfc00cb484fddaf4f4e]: Reg. 8 in operation at 1.9.2023, see reg. 1

[^key-eea423ef8ad7a6dab4fe115bd9b4468e]: Reg. 9 in operation at 1.9.2023, see reg. 1

[^key-7c18710695d9c97397a5a3cdf9393270]: Reg. 10 in operation at 1.9.2023, see reg. 1

[^key-3a692f1befa4ff48faa8cc7dc29ae044]: Reg. 11 in operation at 1.9.2023, see reg. 1

[^key-f46fb1fb19d2dae085b4caa4ad972f0a]: Reg. 12 in operation at 1.9.2023, see reg. 1

[^key-57f35b019107938cba8dffd984d47296]: Reg. 13 in operation at 1.9.2023, see reg. 1

[^key-8708fe32119f92601bea4b73900dba98]: Reg. 14 in operation at 1.9.2023, see reg. 1

[^key-b236d3d6430a0d9310398760f6ae3a5d]: Reg. 15 in operation at 1.9.2023, see reg. 1

[^key-681362d64574f9a2c8975f81b53cd95e]: Reg. 16 in operation at 1.9.2023, see reg. 1

[^key-a0ad7a6e51c41a45696db705e2db77cd]: Reg. 17 in operation at 1.9.2023, see reg. 1

[^key-837fb0229065aaa5c6e9863bb34cff6b]: Reg. 18 in operation at 1.9.2023, see reg. 1

[^key-b0adee25fdba306c09492664e4861ca9]: Reg. 19 in operation at 1.9.2023, see reg. 1

[^key-4a5e04e41ee6df4a455a5df2ef89a2b2]: Reg. 20 in operation at 1.9.2023, see reg. 1

[^key-c978025ba07850754784a20de7cab137]: Reg. 21 in operation at 1.9.2023, see reg. 1

[^key-ef43b89f1873a359386b91b49bfbfded]: Reg. 22 in operation at 1.9.2023, see reg. 1

[^key-7580e0eba7485cf61765fb4502f97937]: Reg. 23 in operation at 1.9.2023, see reg. 1

[^key-06c1c696d83cdb08567f759c8564adeb]: Reg. 24 in operation at 1.9.2023, see reg. 1

[^key-ff6f6653365c906bfa6f2ea3adcc51f4]: Reg. 25 in operation at 1.9.2023, see reg. 1

[^key-e89b182ad71b9ce6ac386f71781f9d19]: Sch. 2 para. 1 in operation at 1.9.2023, see reg. 1

[^key-c286ac80f3da16311146c4d65de9427a]: Sch. 2 para. 2 in operation at 1.9.2023, see reg. 1

[^key-f6d343d356f59639051caa0d36c9c9e5]: Sch. 2 para. 3 in operation at 1.9.2023, see reg. 1

[^key-4a2e76dc225999448a4973759de0df7c]: Sch. 2 para. 4 in operation at 1.9.2023, see reg. 1

[^key-6bb99a737f6a776ec12c9e8bbce7efd6]: Sch. 2 para. 5 in operation at 1.9.2023, see reg. 1

[^key-40ef833cf1cb4283090df200ea502a27]: Sch. 2 para. 6 in operation at 1.9.2023, see reg. 1

[^key-d47b42652934bb3c1b0d9a8ec702add5]: Sch. 2 para. 7 in operation at 1.9.2023, see reg. 1

[^key-46f308579dbaf7ce1a3791c71af67298]: Sch. 2 para. 8 in operation at 1.9.2023, see reg. 1

[^key-2da857594cb6796f006e4a2a73409858]: Sch. 2 para. 9 in operation at 1.9.2023, see reg. 1

[^key-fbe583d1f1d8e3a6b2fc0b9105f424ab]: Sch. 2 para. 10 in operation at 1.9.2023, see reg. 1

[^key-3cd008a89662c83692194a5776252556]: Sch. 2 para. 12 in operation at 1.9.2023, see reg. 1

[^key-178b3bf97fcc62ff40fd624243483acc]: Sch. 2 para. 14 in operation at 1.9.2023, see reg. 1

[^key-fa18b6e6bf3b58f28801de3a075f4c25]: Sch. 2 para. 15 in operation at 1.9.2023, see reg. 1

[^key-93303b10601e525a46df95f2eb31b99c]: Sch. 2 para. 18 in operation at 1.9.2023, see reg. 1

[^key-0639cb26b4a0316afe86aedc4ab34581]: Sch. 2 para. 22 in operation at 1.9.2023, see reg. 1

[^key-25d20b05947e860d5f4768fd90110959]: Sch. 2 para. 23 in operation at 1.9.2023, see reg. 1

[^key-e793494de0817152fdd527688e034c4b]: Sch. 2 para. 24 in operation at 1.9.2023, see reg. 1

[^key-21dd9a9f8941bbe473de21bd19de5e2b]: Sch. 2 para. 25 in operation at 1.9.2023, see reg. 1

[^key-4c7ee49753e2bc9682b6bb692ee0f0db]: Sch. 2 para. 26 in operation at 1.9.2023, see reg. 1

[^key-8b9986abbc417f80c28a732ec1bdadfe]: Sch. 2 para. 27 in operation at 1.9.2023, see reg. 1

[^key-ad3db68e7e8f4b29a0a7d69614adbede]: Sch. 2 para. 28 in operation at 1.9.2023, see reg. 1

[^key-cf68bda18aa86586785e672c5c5b63d4]: Sch. 2 para. 29 in operation at 1.9.2023, see reg. 1

[^key-fa663e70912f5b16e77937fc1f1084c5]: Sch. 2 para. 30 in operation at 1.9.2023, see reg. 1

[^key-68b48c73dd01f88efd3dd7ca45b7c9b5]: Sch. 2 para. 31 in operation at 1.9.2023, see reg. 1

[^key-f83d3339a5ff207ec847915cf20b938f]: Sch. 2 para. 32 in operation at 1.9.2023, see reg. 1

[^key-c1da38b3e1267fd0cf2fcdc480826f8c]: Sch. 2 para. 33 in operation at 1.9.2023, see reg. 1

[^key-a1238ec65c2e8f93bbd50c8e9e0d298c]: Sch. 1 in operation at 1.9.2023, see reg. 1

[^key-5152ad0c47ed955672f8b94e3b06b2b7]: Sch. 1 Table substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 4

[^key-fb392e94b47e0777fc0fc679edaee344]: Sch. 2 para. 21A inserted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 13

[^key-1560ab00129c5843904ed3a0fca1e93c]: Words in Sch. 2 para. 1(1) omitted (1.9.2025) by virtue of The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 5(a)

[^key-ac156205cae6a1064a192cafa428100e]: Words in Sch. 2 para. 1(1) inserted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 5(b)

[^key-096530e74b071674207d291585d64a73]: Words in Sch. 2 para. 1(1) omitted (1.9.2025) by virtue of The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 5(c)

[^key-d19536f569394814ec857721b2e9086e]: Sch. 2 para. 11 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 6

[^key-7252ee757b01aec2531b81870b8e2d0f]: Sch. 2 para. 13 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 7

[^key-2162d2f118f6c066f968e202cc83a4fd]: Sch. 2 para. 16 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 8

[^key-2b8edf6870fc2ce43ed59c9019f7e962]: Sch. 2 para. 17 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 9

[^key-4e0a5255d33a7dac1a3f369cbcbc372d]: Sch. 2 para. 19 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 10

[^key-708b93307b1281fa8ba4889a63485cb3]: Sch. 2 para. 20 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 11

[^key-8f3b4fa8d83422f760ea34ed887354fb]: Sch. 2 para. 21 substituted (1.9.2025) by The Agriculture (Student Fees) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/112), regs. 1, 12

[^key-04eeba6d155e8a8b17a69b5e6b888f78]: Words in reg. 4(a)(i)(bb) substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/1350), art. 1(4), Sch. para. 21(2); S.S.I. 2026/2, Sch. Pt. 1

Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse and their children

Persons granted indefinite leave to enter or remain as a bereaved partner and their children

Persons granted leave to enter or remain under the Afghan Citizens Resettlement Scheme and their family members

Persons granted leave to enter or remain under the Afghan Relocations and Assistance Policy Scheme and their family members

Persons granted leave to enter or remain under the Homes for Ukraine Sponsorship Scheme and their family members

Persons granted leave to enter or remain under the Ukraine Extension Scheme and their family members

Persons granted leave to enter or remain under the Ukraine Family Scheme and their family members

Persons granted leave to enter or remain under the Ukraine Permission Extension Scheme and their family members

21A

• (1) A person who—

• (a) has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and

• (b) has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave.

• (2) A person who—

• (a) is the spouse or civil partner of a person granted leave under the Ukraine Permission Extension Scheme;

• (b) on the leave application date, was the spouse or civil partner of that person;

• (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

• (d) is ordinarily resident in the United Kingdom on the course start date.

• (3) A person who—

• (a) is—

• (i) the child of a person granted leave under the Ukraine Permission Extension Scheme; or

• (ii) the child of the spouse or civil partner of a person granted leave under the Ukraine Permission Extension Scheme;

• (b) on the leave application date, was—

• (i) the child of the person granted leave under the Ukraine Permission Extension Scheme; or

• (ii) the child of a person who was the spouse or civil partner of the person granted leave under the Ukraine Permission Extension Scheme on that date;

• (c) was under 18 on the leave application date;

• (d) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

• (e) is ordinarily resident in the United Kingdom on the course start date.

• (4) In sub-paragraph (2) and sub-paragraph (3), “leave application date” means the date on which the person granted leave under the Ukraine Permission Extension Scheme made an application for leave to enter or remain in the United Kingdom.