The Education (Fees and Awards) (England) Regulations 2007

Made: 8th March 2007

Laid before Parliament: 19th March 2007

Coming into force: 1st September 2007

The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 1 and 2 of the Education (Fees and Awards) Act 1983 .

Citation, commencement and application

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• (1) These Regulations may be cited as the Education (Fees and Awards) (England) Regulations 2007 and come into force on 1st September 2007.

• (2) These Regulations apply in relation to England .

Interpretation

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• (1) In these Regulations—

• “the 2005 Act” means the Education Act 2005 ;

• “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

• “award” means a fees award or a maintenance award or both;

• “the course start date” means the day on which the first term of the first academic year of a course actually begins;

• “education” includes post-graduate research otherwise than in the course of employment;

• “employment” means full-time or part-time employment;

• “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

• “European Economic Area” means the area comprised by the EEA States;

• “fees award” means an award in respect only of any fees payable other than any element of those fees which is a charge for maintenance;

• ...

• “the Islands” means the Channel Islands and the Isle of Man;

• ...

• “maintenance award” means any award other than a fees award;

• “OfS” means the Office for Students;

• “overseas territories” means Anguilla; ... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; ... Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; St-Barthélemy; St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

• “post-compulsory education award” means a scholarship, exhibition, bursary or other allowance granted by a local education authority under the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 ;

• “specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands;

• “training provider” means a person who provides training for members of the school workforce under Part 3 of the 2005 Act;

• “UKRI” means United Kingdom Research and Innovation;

• (2) Despite section 11 of the Interpretation Act 1978 section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purposes of interpreting these Regulations.

• (3) For the purposes of these Regulations, “parent” means a parent, guardian or any other person having parental responsibility for a child and “child” is to be construed accordingly.

• (3A) For the purposes of these Regulations, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place (but see also regulation 4(2A) and (2B)) .

• (4) For the purposes of these Regulations, a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands , the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories , the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories if he would have been so resident but for the fact that—

• (a) he;

• (b) his spouse or civil partner;

• (c) his parent; or

• (d) in the case of dependent direct relative in the ascending line, his child or child's spouse or civil partner,

is or was temporarily employed outside the area in question.

• (5) For the purposes of paragraph (4), temporary employment includes—

• (a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

• (aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;

• (b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces; and

• (c) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

• (6) For the purposes of Regulations 6, 7, 8 and 9 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands , the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories , the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

• (a) he;

• (b) his spouse or civil partner;

• (c) his parent; or

• (d) in the case of a dependent direct relative in the ascending line, his child or his child's spouse or civil partner,

was temporarily receiving full-time education outside the area in question.

• (7) For the purposes of these Regulations an area other than the United Kingdom or Gibraltar which—

• (a) was previously not part of the European Community or the European Economic Area; but

• (b) at any time before or after these Regulations come into force has become part of one or the other or both of these areas,

is to be considered to have always been a part of the European Economic Area.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lawful acts

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• (1) If discrimination arises from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise), nothing in these Regulations shall be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.

• (2) If discrimination arises from any rule of eligibility for an award, nothing in these Regulations shall be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.

Fee charging

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• (1) Subject to paragraph (1B), it shall be lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within any of —

• (a) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5 , 5A , 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

• (b) paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies,

than in the case of a person who does fall within any of those paragraphs.

• (1A) This paragraph applies where—

• (a) in connection with a course beginning before 1st August 2021, a person (“A”) fell within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; and

• (b) A is liable for fees in connection with—

• (i) that course; or

• (ii) a course provided by an institution mentioned in paragraph (3) to which A transfers from that course.

• (1B) In relation to a course beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraph (a) did not mention paragraphs 8A, 9B, 9BA and 9E of Schedule 1.

• (2) For the purposes of this regulation, a person falls within a paragraph of Schedule 1 if—

• (a) in the case of paragraph 2A, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 8, 8A or 9C of that Schedule—

• (i) in relation to the first academic year of the course, they fall within that paragraph on the course start date; or

• (ii) in relation to any other academic year of the course, they fall within that paragraph on the first day of that academic year;

• (b) in the case of any other paragraph of that Schedule, they fall within the relevant paragraph on the first day of an academic year of the course.

• (2ZA) For the purposes of this regulation, where—

• (a) a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of Schedule 1 as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and

• (b) either—

• (i) further leave to remain has been granted, or paragraph SUI 13.1 of the immigration rules applies in respect of an application for such leave, or

• (ii) the person whose leave to remain has expired has become a British or Irish citizen,

the person who would otherwise no longer fall within a paragraph of Schedule 1 is to be treated as falling within the paragraph of Schedule 1 in which they previously fell for the remainder of the duration of the course.

• (2A) Where a protected category event occurs in relation to a person after the course start date, paragraph (2B) applies for the purposes of determining whether the person falls within a paragraph of Schedule 1 in relation to an academic year (other than the first academic year).

• (2B) The person is to be treated, for the purposes of determining whether they satisfy any requirement in Schedule 1 to be ordinarily resident in the United Kingdom on the course start date, as if they were, on the course start date, lawfully residing in the place where they were residing on that date.

• (2C) In this regulation “protected category event”, in relation to a person, means—

• (a) the person or the person’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;

• (b) the person becomes a person granted section 67 leave;

• (c) the person or the person’s parent becomes a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

• (d) the person becomes a person granted Calais leave;

• (e) the person or the person’s parent becomes a person granted indefinite leave to enter or remain as a bereaved partner;

• (f) the person or the person’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes.

• (g) the person or the person’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes;

• (2D) For the purposes of paragraph (2C), the following terms have the meanings given for the purposes of Schedule 1—

• (a) refugee;

• (b) person granted stateless leave;

• (c) person granted humanitarian protection;

• (d) person granted section 67 leave;

• (e) person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

• (f) person granted Calais leave;

• (g) person granted indefinite leave to enter or remain as a bereaved partner;

• (h) person granted leave under one of the Afghan Schemes;

• (i) person granted leave under one of the Ukraine Schemes.

• (3) The institutions mentioned in this paragraph are institutions—

• (a) within the higher education sector, including a constituent college, school or hall of such an institution;

• (b) within the further education sector;

• (c) which are training providers and are receiving financial assistance—

• (i) from the Secretary of State under section 14 of the Education Act 2002; or

• (ii) from a person who is receiving financial assistance under that section”.

• (d) which provide further education and are maintained by a local education authority;

• (4) This regulation does not make lawful the charging of a fee which is unlawful by reason of a fee limit condition imposed under section 10 of the Higher Education and Research Act 2017.

Awards by local education authorities

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• (1) Subject to paragraph (2), it shall be lawful for a local education authority to adopt rules of eligibility for awards under sections 1(6) or 2 of the Education Act 1962 or for post-compulsory education awards which—

• (a) do not take account of regulation 2(4);

• (b) confine eligibility in the case of fees awards to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E , 5A , 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

• (c) confine eligibility in the case of maintenance awards to those persons who fall within any of paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E , 5A , 5B, 5C, 6A, 7A, 8A,9B, 10A, 11A, 12A and 13 of Schedule 1.

• (2) In relation to a course beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs 8A, 9B, 9BA and 9E of Schedule 1.

Awards by research councils and others

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• (1) Subject to paragraph (1C), it shall be lawful for a research council or institution mentioned in Schedule 2 , or UKRI, to adopt rules of eligibility which—

• (a) do not take account of regulation 2(4);

• (b) confine eligibility in the case of fees awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of —

• (i) paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E , 5A , 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1; or

• (ii) paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1, where paragraph (1A) applies; or

• (c) confine eligibility in the case of maintenance awards in connection with courses of education or training or the undertaking of research to those persons who fall within any of—

• (i) paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E , 5A , 5B, 5C, 6A, 7A, 8A,9B, 10A, 11A, 12A and 13 of Schedule 1; or

• (ii) paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, where paragraph (1B) applies.

• (1A) This paragraph applies where—

• (a) in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 9, 10, 11 and 12 of Schedule 1 in relation to an academic year of that course or research beginning before 1st August 2021; and

• (b) A’s eligibility for an award is being assessed in relation to that course or research.

• (1B) This paragraph applies where—

• (a) in connection with courses of education or training, or the undertaking of research, beginning before 1st August 2021, a person (“A”) was eligible for an award by virtue of falling within any of paragraphs 6, 7, 8, 10, 11 and 12 of Schedule 1, in relation to an academic year of that course or research beginning before 1st August 2021; and

• (b) A’s eligibility for an award is being assessed in relation to that course or research.

• (1C) In relation to a course of education or training or the undertaking of research beginning on or after 1st January 2028, paragraph (1) has effect as if sub-paragraphs (b) and (c), in each case, did not mention paragraphs 8A, 9B, 9BA and 9E , of Schedule 1.

• (2) As regards paragraphs 2 and 3 of Schedule 1, the research council or institution may, in adopting rules of eligibility under paragraph (1)—

• (a) confine eligibility to those persons who have been ordinarily resident in Great Britain for three years preceding the date of application for the award, or

• (b) exclude from eligibility those persons who are not ordinarily resident in Great Britain, in England and Wales or in England (as the maker of the award may determine) on the date of application for the award.

• (3) Where rules of eligibility confine awards to persons who are or will be ordinarily resident in part only of the United Kingdom and Islands, a person who is ordinarily resident in some other part of the United Kingdom and Islands shall not for the purposes of this regulation be considered to fall within paragraph 2A, paragraph 9, paragraph 9A, paragraph 9B, paragraph 9BA, paragraph 9C, paragraph 9D or paragraph 9E of Schedule 1.