PART IISTUDENT FEES IN HIGHER EDUCATION

Imposition of conditions as to fees

Transitional cases in which condition must not allow fees to exceed basic amount5

1

Article 4(2)(b) has effect in relation to the qualifying fees payable by a qualifying person in connection with his undertaking a qualifying course (“the relevant course”) in a case where paragraph (2) or (3) applies, even if those fees are payable in respect of an academic year which begins at a time when an approved plan is in force in relation to the institution.

2

This paragraph applies where—

a

the qualifying person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the relevant course or a similar course, and

b

the first academic year of the relevant course begins before 1st September 2007.

3

This paragraph applies where—

a

the qualifying person had received an offer of a place on a qualifying course (whether or not at the same institution as the relevant course) the first academic year of which begins before 1st September 2006,

b

he was unable to take up the offer because a specified qualification or grade was not awarded to him,

c

he appealed against the decision not to award him the qualification or grade,

d

the appeal was allowed after the last date on which he could have taken up the offer,

e

as a result he was offered a place on the relevant course, and

f

the first academic year of the relevant course begins after 31st August 2006 but before 1st September 2007.

4

For the purposes of paragraph (2)(a) a course (“the original course”) is similar to the relevant course if—

a

it appears to the governing body of the institution providing the relevant course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course, and

b

except where the original course is no longer being provided, the relevant course is provided by the institution which was to have provided the original course.