Statutory Instruments
Education, England
Made
28th March 2018
Laid before Parliament
4th April 2018
Coming into force
25th April 2018
The Secretary of State, in exercise of the powers conferred by sections 24(6) and 47 of the Higher Education Act 2004(1), makes the following Regulations.
1.—(1) These Regulations may be cited as the Higher Education (Basic Amount and Higher Amount) (England) (Amendment) Regulations 2018 and come into force on 25th April 2018.
(2) The amendments made by these Regulations apply in relation to the qualifying fees payable by a qualifying person in connection with a qualifying course in respect of an academic year of that course beginning on or after 1st August 2018.
(3) Paragraph (2) does not apply to the amendments made by regulations 3(c)(ii) and 6(c)(ii).
(4) These Regulations apply in relation to England.
2. The Higher Education (Basic Amount) (England) Regulations 2016(2) are amended as follows.
3. In regulation 5(3)—
(a)omit the definition of “designated distance learning course”;
(b)omit the definition of “distance learning course”;
(c)in the definition of “end-on student”—
(i)omit sub-paragraph (b);
(ii)in sub-paragraph (c), for “full-time distance learning” substitute “part-time”;
(d)in the definition of “transfer”—
(i)after the second “full-time course,” insert “or from”;
(ii)omit “or a designated distance learning course to another designated distance learning course”.
4. For the Schedule substitute the Schedule to these Regulations.
5. The Higher Education (Higher Amount) (England) Regulations 2016(3) are amended as follows.
6. In regulation 5(3)—
(a)omit the definition of “designated distance learning course”;
(b)omit the definition of “distance learning course”;
(c)in the definition of “end-on student”—
(i)omit sub-paragraph (b);
(ii)in sub-paragraph (c), for “full-time distance learning” substitute “part-time”;
(d)in the definition of “transfer”—
(i)after the second “full-time course,” insert “or from”;
(ii)omit “or a designated distance learning course to another designated distance learning course”.
7. For the Schedule substitute the Schedule to these Regulations.
Sam Gyimah
Minister of State
Department for Education
28th March 2018
Regulations 4 and 7
Regulation 4
Abingdon and Witney College
Accrington and Rossendale College
Activate Learning
Anglia Ruskin University
AECC University College
Arts University Bournemouth, the
Askham Bryan College
Aston University
Aylesbury College
Bath Spa University
Birkbeck College
Birmingham City University
Bishop Burton College
Bishop Grosseteste University
Blackburn College
Blackpool and the Fylde College
BMC (Brooksby Melton College)
Bournemouth University
Bradford College
Brunel University London
Buckinghamshire New University
Calderdale College
Cambridge Regional College
Canterbury Christ Church University
Cardinal Newman College
Chichester College
City College Plymouth
City of Bristol College
City of Sunderland College
City, University of London
Cleveland College of Art and Design
Colchester Institute
Cornwall College
Courtauld Institute of Art
Coventry University
Croydon College
De Montfort University
DN Colleges Group
Ealing, Hammersmith & West London College
East Kent College
East Riding College
Edge Hill University
Exeter College
Falmouth University
Fareham College
Farnborough College of Technology
Furness College
Gateshead College
Goldsmiths’ College
Greater Brighton Metropolitan College
Grimsby Institute of Further and Higher Education
Guildhall School of Music & Drama
Hadlow College
Halesowen College
Harper Adams University
Hartpury College
Heart of Worcestershire College
Hereford College of Arts
Hertford Regional College
Highbury College Portsmouth
Holy Cross College
Hopwood Hall College
Hugh Baird College
Hull College
Imperial College of Science, Technology and Medicine
King’s College London
Kingston Maurward College
Kingston University
Kirklees College
Leeds Beckett University
Leeds City College
Leeds Arts University
Leeds Trinity University
Leicester College
Lincoln College
Liverpool Hope University
Liverpool John Moores University
London Metropolitan University
London South Bank University
Loughborough College
Loughborough University
LTE Group
Macclesfield College
Manchester Metropolitan University
Middlesbrough College
Middlesex University
Milton Keynes College
Myerscough College
NCG
New College Durham
New College Stamford
Newbury College
Newham College of Further Education
Newman University
North East Surrey College of Technology (NESCOT)
North Hertfordshire College
Northampton College
Northumberland College
Norwich University of the Arts
Nottingham Trent University
Oaklands College
Oxford Brookes University
Petroc
Plumpton College
Plymouth College of Art
Preston College
Queen Mary University of London
Ravensbourne
Reaseheath College
RNN Group
Roehampton University
Rose Bruford College of Theatre and Performance
Royal College of Music
Royal Holloway and Bedford New College
Royal Northern College of Music
Salford City College
Selby College
Sheffield Hallam University
Solent University
Solihull College and University Centre
South & City College Birmingham
South Devon College
Southport College
South Thames Colleges Group
Sparsholt College
St Mary’s University, Twickenham
St. George’s Hospital Medical School
Staffordshire University
Strode College
Sussex Coast College Hastings
Sussex Downs College
Teesside University
The City of Liverpool College
The Conservatoire for Dance and Drama
The Liverpool Institute for Performing Arts
The London School of Economics and Political Science
The Royal Academy of Music
The Royal Agricultural University
The Royal Central School of Speech and Drama
The Royal Veterinary College
The School of Oriental and African Studies
The University of Bath
The University of Birmingham
The University of Bolton
The University of Bradford
The University of Chichester
The University of Cumbria
The University of East Anglia
The University of Essex
The University of Huddersfield
The University of Hull
The University of Kent
The University of Lancaster
The University of Leeds
The University of Leicester
The University of Liverpool
The University of Manchester
The University of Reading
The University of Sheffield
The University of Surrey
The University of Warwick
The University of West London
The University of Westminster
Trinity Laban Conservatoire of Music and Dance
Truro and Penwith College
Tyne Coast College
University College Birmingham
University College London
University College of Osteopathy (The)
University for the Creative Arts
University of Bedfordshire
University of Brighton
University of Bristol
University of Cambridge
University of Central Lancashire
University of Chester
University of Derby
University of Durham
University of East London
University of Exeter
University of Gloucestershire
University of Greenwich
University of Hertfordshire
University of Keele
University of Lincoln
University of Newcastle upon Tyne
University of Northampton, the
University of Northumbria at Newcastle
University of Nottingham, the
University of Oxford
University of Plymouth
University of Portsmouth
University of Salford, the
University of Southampton
University of St Mark & St John
University of Suffolk
University of Sunderland
University of Sussex
University of the Arts, London
University of the West of England, Bristol
University of Winchester
University of Wolverhampton
University of Worcester
University of York
Wakefield College
Warwickshire College
West Herts College
West Kent and Ashford College
Weston College of Further and Higher Education
Wigan and Leigh College
Wiltshire College
Writtle University College
York College
York St John University”
(This note is not part of the Regulations)
These Regulations amend the Higher Education (Basic Amount) (England) Regulations 2016 (S.I. 2016/1205) (“the Basic Amount Regulations”) and the Higher Education (Higher Amount) (England) Regulations 2016 (S.I. 2016/1206) (“the Higher Amount Regulations”).
The principal amendments which these Regulations make are as follows.
Regulations 3 and 6 amend, respectively, regulation 5(3) of the Basic Amount Regulations and regulation 5(3) of the Higher Amount Regulations to remove references to “designated distance learning courses” and “distance learning courses” as there are no longer any students undertaking designated distance learning courses. Those amendments only have effect in respect of an academic year starting on or after 1st August 2018.
The amendments made by regulations 3 and 6 also correct an error in the definition of “end-on student” by substituting the incorrect references to “full-time distance learning” courses with correct references to “part-time” courses. Those amendments come into force on 25th April 2018.
Regulations 4 and 7 and the Schedule update the list of “eligible institutions” listed in the Schedule to both the Basic Amount Regulations and the Higher Amount Regulations. The institutions in question are those which have obtained a Teaching Excellence and Student Outcomes Framework award, which is operated by the Department for Education for rating the quality of teaching in higher education and assessed on an annual basis. Having obtained an award each eligible institution listed in the regulations is entitled to charge fees up to specified upper amounts as prescribed in the Basic or Higher Amount Regulations. The amendments made by these regulations update the list of eligible institutions to ensure that those entitled to charge the upper amount reflects those institutions which obtained a rating for the purposes of Year 2 (academic year 2017/18) of the Framework. Those amendments only have effect in respect of an academic year starting on or after 1st August 2018.
2004 c.8. Section 24(6) was amended by paragraph 26 of Schedule 4 to the Education Act 2005 (c.18) and paragraph 20(1) and (4) of Schedule 5 to the Education Act 2011 (c.21). Section 24(6) is repealed by paragraph 30(2) of Schedule 11 to the Higher Education and Research Act 2017 (c.29) but that repeal is not yet in force. Section 47 is amended by paragraph 30(3) of Schedule 11 to the Higher Education and Research Act 2017 but those amendments are not yet in force.