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The Higher Education (Fee Limit Condition) (England) Regulations 2017

Type Statutory-Instrument

Publication 2017-11-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 30th November 2017

Laid before Parliament: 4th December 2017

Coming into force: 1st April 2018

The Secretary of State, in exercise of the powers conferred by section 10(1), (4)(b) and (6) and section 119(3) and 119(5) of the Higher Education and Research Act 2017 , makes the following Regulations.

Citation, commencement and application

1

These Regulations may be cited as the Higher Education (Fee Limit Condition) (England) Regulations 2017 and come into force on 1st April 2018, immediately after the coming into force of section 10 of the Higher Education and Research Act 2017.

Interpretation

2

In these Regulations—

(a) “the Act” means the Higher Education and Research Act 2017;

(b) “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 before 31st December, respectively;

(ba) “allied health profession subject” means chiropody, a dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy or speech and language therapy;

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

(bb) “dental profession subject” means dental hygiene, dental therapy and dental hygiene or dental therapy;

(bbzza) “immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

(bbza) “person granted indefinite leave to enter or remain as a bereaved partner” means a person—

(i) granted indefinite leave to enter or remain in the United Kingdom ... ...—

(aa) under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules;

(bb) where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph 288 of the immigration rules, as a person in relation to whom the requirements of paragraph 287(b) of those rules were met (bereaved partners);

(cc) where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph 295N of the immigration rules, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);

(dd) where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph D-BPILR.1.1 of Appendix FM (bereaved partners) of the immigration rules; ...

(ee) where such leave was granted before the coming into force of Appendix Bereaved Partner, under paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces) of the immigration rules;

(ff) under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(gg) where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997; and

(ii) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

(bba) “person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

(i) granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules ...—

(aa) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(bb) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

(ii) who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave;

(bbaa) “person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(bbab) “person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

(i) who has—

(aa) indefinite leave to enter or remain in the United Kingdom, outside the immigration rules ..., on the basis of the Afghan Citizens Resettlement Scheme; and

(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(bbac) “person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—

(a) who has —

(i) indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the immigration rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules;

(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;

(ii) leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; or

(iii) indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; and

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

(a) who has leave to enter or remain in the United Kingdom—

(i) under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules; or

(ii) outside the immigration rules where the person—

aawas residing in Ukraine immediately before 1st January 2022; and

bbleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

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

“person granted leave under the Ukraine Extension Scheme” means a person—

(a) who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules , as it had effect on the day such leave was granted; and

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

“person granted leave under the Ukraine Family Scheme” means a person—

(a) who has leave to enter or remain in the United Kingdom—

(i) under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules , as it had effect on the day such leave was granted; or

(ii) outside the immigration rules where the person—

aawas residing in Ukraine immediately before 1st January 2022; and

bbleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

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

“person granted leave under the Ukraine Permission Extension Scheme” means a person—

(a) who has leave to remain in the United Kingdom under paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules; and

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

(bbb) “person granted Calais leave” means a person who—

(i) has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules ...; and

(ii) has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave to remain;

(bc) “pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course and which qualification is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i) the Health and Care Professions Council, for operating department practice and allied health profession subjects other than dental profession subjects;

(ii) the Nursing and Midwifery Council, for midwifery or nursing;

(iii) the General Dental Council, for dental profession subjects;

(iv) the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work;

(d) “single course” means a course to which regulation 5(8) of the Education (Student Support) Regulations 2011 applies and which falls within the description of a course in that regulation.

Prescribed Registered Higher Education Provider

3

A higher education provider registered in the ‘Approved (fee cap)’ part of the register is prescribed for the purposes of section 10(1) of the Act.

Qualifying Person

4

(1) Subject to paragraphs (3) and (6) and regulations 5 and 6, a qualifying person is a person who —

(a) falls within a settled category or a protected category—

(i) on the course start date, where the relevant academic year is the first academic year of the person’s course, or

(ii) otherwise, on the first day of a relevant academic year;

(b) falls within a prescribed category on the first day of a relevant academic year.

(2) Paragraph (1) includes a person who undertakes a qualifying course in an academic year which began before 1st September 2023 but who nevertheless falls within a settled category, a protected category or a prescribed category on the first day of an academic year commencing on or after that date.

(3) Paragraph (1) does not apply to a person ineligible for support by reason of regulations 4(3)(c), (d), (e), (f) or (g), 4(4), 137(3) and 137(4) of the Education (Student Support) Regulations 2011.

(4) In this regulation, subject to paragraph (6), “prescribed category” means any category of persons described—

(a) in paragraphs 3, ... 4, ... 7A, 8A, ... 10A, 10B, 10BA, 10C, 10D, 10E, 11A, 12A, 13A and 14 in Part 2 of the Schedule; or

(b) in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule, where paragraph (5) applies.

(5) This paragraph applies where—

(a) in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule in relation to an academic year beginning before 1st August 2021; and

(b) A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course.

(6) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (4) has effect as if sub-paragraph (a) did not mention paragraphs 9A, 10B, 10BA and 10E in Part 2 of the Schedule.

(6A) 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 the Schedule 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 the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.

(7) Where a protected category event occurs in relation to a person after the course start date, paragraph (8) applies for the purposes of determining whether the person falls within a protected category on the first day of the relevant academic year.

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

(9) For the purposes of this regulation—

“protected category” means any category of persons described in paragraph 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H or 6 of Part 2 of the Schedule;

“protected category event” means an event specified in regulation 6(2)(b), (i), (j), (k), (l), (m) or (n);

“relevant academic year” means an academic year beginning on or after 1st September 2023;

“settled category” means any category of persons described in paragraph 3A or 9A of Part 2 of the Schedule.

Qualifying person: exceptions

5

(1) A person is not a qualifying person if—

(a) the person holds a higher education qualification; and

(b) the qualifying course leads to a qualification which is an equivalent or lower qualification.

(1A) A person is not a qualifying person if—

(a) the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of the Education (Student Support) Regulations 2011; and

(b) the person has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of those Regulations and achieved the intended qualification.

(2) But paragraph (1) does not apply—

(a) where—

(i) the qualifying course is a course for the initial training of teachers ...;

(ii) the duration of a full-time course does not exceed two years; or

(iii) the duration of a part-time course does not exceed four years; and

(iv) the qualifying person is not a qualified teacher; or

(b) in respect of any part of a single course where—

(i) the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and

(ii) the qualifying person only has an honours degree which was received as part of that single course; or

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this regulation—

(a) Subject to paragraphs (3)(b) to (3)(e) “equivalent or lower qualification” has the meaning given in regulation 2 of the Education (Student Support) Regulations 2011;

(b) but a qualification is not an equivalent or lower qualification where it relates to a part-time course—

(i) which is a course in engineering and technology or computing (or a combination of those subjects);

(ii) which leads to an honours degree; and

(iii) in respect of which the student begins the course on or after 1 August 2015.

(i) which is a course in agriculture, food and related studies, biological and sport studies, ... geography, earth and environmental studies, mathematical sciences, medicine and dentistry, physical sciences, psychology, subjects allied to medicine or veterinary sciences (or a combination of those subjects);

(ii) which leads to an honours degree; and

(iii) in respect of which the student begins the course on or after 1 August 2017.

(d) a qualification is not an equivalent or lower qualification where—

(i) it relates to a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(ii) that course commenced on or after 1st August 2017 (or in the case of a course in a dental profession subject, commences on or after 1st August 2018); and

(iii) the qualification falls within sub-paragraph (da);

(da) a qualification falls within this sub-paragraph if—

(i) it leads to an ordinary or an honours degree;

(ii) in respect of a course in a dental profession subject, it leads to an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii) in respect of a course in operating department practice, it leads to an ordinary degree, an honours degree or a diploma;

(e) “qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 but does not include any person who—

(i) is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003 (“the 2003 Regulations”); and

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