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

PART 1 GENERAL

Citation and commencement

1.  These Regulations may be cited as the Agriculture (Student Fees) Regulations (Northern Ireland) 2023 and shall come into operation on 1st September 2023.

Interpretation

2.—(1) In these Regulations—

“2022 legacy fee framework” has the meaning assigned by regulation 9;

“academic year” has the meaning assigned by paragraph (3);

“accreditation of prior learning scheme” means a scheme operated by CAFRE that permits learning completed by a student to be subsequently credited against a new qualification and which may give the student exemption from taking part of the qualification in question;

“Bachelor’s degree course” means a higher education course for a Bachelor’s degree, level 6 on the FHEQ;

“CAFRE” means the College of Agriculture, Food and Rural Enterprise;

“certificate in higher education course” means a higher education course for a certificate in higher education, level 4 on the FHEQ;

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

“credit points” means points awarded to a student upon successful completion of each module of the higher education course;

“current course” means the higher education course in respect of which a student is enrolled;

“current fee framework” has the meaning assigned by regulation 8;

“Department” means the Department of Agriculture, Environment and Rural Affairs;

“extended foundation degree course” means a foundation degree course that includes a period of work placement of one year;

“fee code” means the fee code associated with a student that relates to the fee amount to be charged;

“fees” has the meaning assigned by paragraph (2);

“FHEQ” means the Framework for Higher Education Qualifications of Degree-Awarding Bodies in England, Wales and Northern Ireland;

“foundation degree course” means a higher education course for a foundation degree, level 5 on the FHEQ;

“full-time equivalent” means a full-time higher education course leading to the same qualification as the part-time higher education course in question;

“full-time higher education course” has the meaning assigned by regulation 5;

“full-time student” means a student undertaking a full-time higher education course;

“Great Britain” means England, Scotland and Wales;

“higher education course” has the meaning assigned by regulation 4;

“home student” has the meaning assigned by regulation 10;

“international student” has the meaning assigned by regulation 12;

“intensity of study” has the meaning assigned by regulation 13;

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

“Master’s degree course” means a higher education course for a Master’s degree, level 7 on the FHEQ;

“ordinarily resident” has the meaning assigned by paragraph 2 of Schedule 2;

“overseas institutions” means an institution other than one in Northern Ireland, Great Britain, Gibraltar or the Islands;

“part-time higher education course” has the meaning assigned by regulation 6;

“part-time student” means a student undertaking a part-time higher education course;

“period of work placement” means a period of industrial, professional or commercial experience undertaken by a student that is associated with the higher education course;

“postgraduate certificate course” means a higher education course for a postgraduate certificate, level 7 on the FHEQ;

“postgraduate diploma course” means a higher education course for a postgraduate diploma, level 7 on the FHEQ;

“qualifying person” means a person who falls within Schedule 2;

“student category” means the category in which a student will fall within in accordance with these Regulations of Home Student, Student from Great Britain or International Student as the case may be;

“sandwich higher education course” has the meaning assigned by regulation 7;

“student” means a person undertaking a higher education course;

“student from Great Britain” has the meaning assigned by regulation 11.

(2) In these Regulations “fees”, in relation to undertaking a higher education course, means fees in respect of, or otherwise in connection with, undertaking the higher education course, including admission, registration, tuition and graduation fees but excluding—

(a) fees payable to the Department for awarding or accrediting any qualification where the Department does not provide the whole or part of the course;

(b) fees payable for board or lodging;

(c) fees payable for attending any graduation or other ceremony; and

(d) fees payable for resubmission of coursework and/or resitting of examinations.

(3) For the purpose of these Regulations, “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the higher education course in question begins, according to whether that academic year begins—

(a) on or after 1st January and before 1st April;

(b) on or after 1st April and before 1st July;

(c) on or after 1st July and before 1st August; or

(d) on or after 1st August and on or before 31st December.

Revocation

3.  The Agriculture (Student fees) Regulations (Northern Ireland) 2022(1) are revoked.

PART 2 COURSES

Higher education courses

4.  A “ higher education course” means any of the following courses, delivered by CAFRE—

(a) at undergraduate level—

(i) a course for a Higher National Diploma or Higher National Certificate of—

(aa) the Business & Technology Education Council; or

(bb) the Scottish Qualifications Authority;

(ii) a Certificate in Higher Education course;

(iii) a Foundation Degree course;

(iv) an extended Foundation Degree course; or

(v) a Bachelor’s Degree course;

(b) at postgraduate level—

(i) a Postgraduate Certificate course;

(ii) a Postgraduate Diploma course; or

(iii) a Master’s Degree course.

Full-time higher education course

5.—(1) A “ full-time higher education course” means a higher education course which meets the conditions for undergraduate level in paragraph (2) or the conditions for postgraduate level in paragraph (3), as the case may be.

(2) The conditions are—

(a) it is of at least one academic year’s duration; and

(b) the total credit points to be awarded to a full-time student who successfully completes the higher education course, including any credit points transferred under the accreditation of prior learning scheme,—

(i) equates to 120 in each academic year of the course, excluding any academic year on a period of work placement; or

(ii) in the case of an extended foundation degree course, equates to—

(aa) 120 in the first academic year;

(bb) 60 in the second academic year; and

(cc) 60 in the third academic year.

(3) The conditions are—

(a) in the case of a postgraduate certificate course—

(i) it is of 15 weeks’ duration, excluding vacations; and

(ii) the total credit points to be awarded to a student who successfully completes the higher education course equates to 60;

(b) in the case of a postgraduate diploma course—

(i) it is of 30 weeks’ duration, excluding vacations; and

(ii) the total credit points to be awarded to a student who successfully completes the higher education course equates to 120;

(c) in the case of a Master’s degree course—

(i) it is of 45 weeks’ duration, excluding vacations; and

(ii) the total credit points to be awarded to a student who successfully completes the course equates to 180.

Part-time higher education course

6.—(1) A “ part-time higher education course” means a higher education course which meets the following conditions—

(a) it is of at least one academic year’s duration;

(b) it is ordinarily possible to complete the higher education course in not more than four times the period ordinarily required to complete the full-time equivalent; and

(c) the intensity of study in one academic year is less than or equal to 75%.

(2) In paragraph (1)—

(a) “period ordinarily required to complete the full-time equivalent” means the period in which a standard full-time student would complete the full-time equivalent or a full-time higher education course at the same FHEQ level where no full-time equivalent exists.

(b) “standard full-time student” is a student who is to be taken—

(i) to have begun the full-time equivalent on the same date as the part-time student began the part-time higher education course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

Sandwich higher education course

7.—(1) A “sandwich higher education course” is a higher education course that meets the following conditions—

(a) it is not an extended foundation degree course;

(b) it consists of alternative periods of full-time study at CAFRE and periods of work placement; and

(c) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each academic year.

(2) For the purposes of paragraph (1)—

(a) in calculating the student’s attendance, the higher education course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(b) where periods of full-time study and work placement alternate within any week of the higher education course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each academic year.

PART 3 STUDENT FEE FRAMEWORKS

Current fee framework

8.  “ Current fee framework” means the fee framework that is applied to a student undertaking a higher education course—

(a) where the course start date of their current course is on or after 1st September 2022; and

(b) the student does not fall within regulation 9.

2022 legacy fee framework

9.—(1) “ 2022 legacy fee framework” means the fee framework that is applied to a student undertaking a higher education course—

(a) where the course start date of their current course is before 1st September 2022, and who is continuing on that course after 1st September 2022; or

(b) meets the conditions in paragraph (2).

(2) The conditions are—

(a) that the student has—

(i) withdrawn from; or

(ii) suspended their studies of,

the higher education course in which they were enrolled before 1st September 2022;

(b) that CAFRE permits the student to continue on the higher education course on which they were enrolled from the point on that higher education course at which they withdrew or suspended their studies; and

(c) that the student recommences the higher education course on which they were enrolled within four academic years from the beginning of the academic year in which they withdrew or suspended their studies.

PART 4 STUDENT CATEGORIES

Home students

10.  A person is to be treated as a “home student” where they are a qualifying person—

(a) that falls within paragraph 4 or 6 contained within Part 2 (General Categories) of Schedule 2;

(b) that falls within Part 3 (Special Categories) of Schedule 2;

(c) that falls within Part 4 (EU and Other States Categories) where the course start date is before 1st September 2021; or

(d) that falls within Part 5 (EU and Other States Special Categories) of Schedule 2 and who is ordinarily resident in Northern Ireland prior to the course start date.

Students from Great Britain

11.  A person is to be treated as a “student from Great Britain” where they are a qualifying person—

(a) that falls within paragraph 5 or 7 contained within Part 2 (General Categories) of Schedule 2; or

(b) that falls within Part 5 (EU and Other States Special Categories) of Schedule 2 and who is ordinarily resident in Great Britain and the Islands prior to the course start date.

International students

12.  A person is to be treated as an “international student” where—

(a) they—

(i) are a qualifying person that falls within Part 4 (EU and Other States Categories) and does not fall within Part 5 (EU and Other States Special Categories) where the course start date is on or after 1st September 2021; or

(ii) are not a qualifying person; and

(b) they are required to obtain a student visa to study in the United Kingdom for a higher education course lasting six months or more.

PART 5 INTENSITY OF STUDY

Intensity of study

13.  “Intensity of study” is calculated as follows and expressed as a percentage—

Where—

• PTC is the total number of credit points, discounting any credit points transferred under the accreditation of prior learning scheme, to be awarded to the student if the student successfully completes the academic year in connection with the higher education course on which they are enrolled.

• FTC is the total number of credit points that a student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete the higher education course.

PART 6 STUDENT FEE CODES

CHAPTER 1 CURRENT FEE FRAMEWORK

Student fee codes for home students on the current fee framework

14.  Subject to regulation 17, the fee codes for a home student to whom the current fee framework applies are—

(a) FC1, in respect of a certificate in higher education course;

(b) FC2, in respect of a foundation degree course;

(c) FC3, in respect of Year 1 of an extended foundation degree course;

(d) FC4, in respect of Year 2 and Year 3 of an extended foundation degree course;

(e) FC5, in respect of a Bachelor’s degree course;

(f) FC6, in respect of a postgraduate certificate course;

(g) FC7, in respect of a postgraduate diploma course; and

(h) FC8, in respect of a Master’s degree course.

Student fee codes for students from Great Britain on the current fee framework

15.  Subject to regulation 17, the fee codes for a student from Great Britain to whom the current fee framework applies are—

(a) FC10, in respect of a certificate in higher education course;

(b) FC11, in respect of a foundation degree course;

(c) FC12, in respect of Year 1 of an extended foundation degree course;

(d) FC13, in respect of Year 2 and Year 3 of an extended foundation degree course;

(e) FC14, in respect of a Bachelor’s degree course;

(f) FC15, in respect of a postgraduate certificate course;

(g) FC16, in respect of a postgraduate diploma course; and

(h) FC17, in respect of a Master’s degree course.

Student fee codes for international students on the current fee framework

16.—(1) Subject to paragraph (2), the fee code for an international student enrolled on a higher education course and to whom the current fee framework applies is FC29.

(2) The fee code for an international student enrolled on a certificate in higher education course and to whom the current fee framework applies is FC30.

Student fee codes where the reduced higher education student fee applies on the current fee framework

17.  The fee codes for a student to whom regulation 25 and the current fee framework applies are—

(a) FC9, in respect of a home student;

(b) FC18, in respect of a student from Great Britain; and

(c) FC31, in respect of an international student.

CHAPTER 2 2022 LEGACY FEE FRAMEWORK

Student fee codes for home students on the 2022 legacy fee framework

18.  Subject to regulation 21, the fee codes for a home student to whom the 2022 legacy fee framework applies are—

(a) FC19, in respect of a foundation degree course or a Bachelor’s degree course;

(b) FC20, in respect of Year 1 of an extended foundation degree course; and

(c) FC21, in respect of Year 2 and Year 3 of an extended foundation degree course.

Student fee codes for students from Great Britain on the 2022 legacy fee framework

19.  Subject to regulation 21, the fee codes for a student from Great Britain to whom the 2022 legacy fee framework applies are—

(a) FC22, in respect of a foundation degree course and a Bachelor’s degree course;

(b) FC23, in respect of Year 1 of an extended foundation degree course;

(c) FC24, in respect of Year 2 and Year 3 of an extended foundation degree course;

(d) FC25, in respect of a postgraduate certificate course;

(e) FC26, in respect of a postgraduate diploma course; and

(f) FC27, in respect of a Master’s degree course.

Student fee codes for international students on the 2022 legacy fee framework

20.  The fee code for an international student enrolled on a higher education course and to whom the 2022 legacy fee framework applies is FC28.

Student fee codes where the reduced higher education student fee applies on the 2022 legacy fee framework

21.  The fee codes for a student to whom regulation 25 and the 2022 legacy fee framework applies are—

(a) FC32, in respect of a home student;

(b) FC33, in respect of a student from Great Britain; and

(c) FC34, in respect of an international student.

PART 7 IN-YEAR EVENTS

In-year events

22.  Where an event occurs in the course of an academic year and as a result a person’s student category changes by—

(a) becoming a qualifying person;

(b) no longer being a qualifying person; or

(c) falling within a different category within Schedule 2,

the change of student category in respect of the academic year in which the relevant event occurred will only take affect from the beginning of the next academic year and will not be retrospectively applied for the purposes of the fee payable by the student to the Department.

PART 8 HIGHER EDUCATION STUDENT FEE AMOUNTS

Full-time higher education student fee amounts

23.—(1) The fee payable to the Department by a full-time student in the current academic year in respect of a full-time higher education course—

(a) is the fee specified in Column 2 of the table in Schedule 1 which is opposite the fee code for that student in Column 1 of the table; or

(b) where accredited prior learning reduces the number of modules to be studied in the academic year compared to a standard full-time student is the fee specified in Column 2 of the table in Schedule 1 which is opposite the fee code for that student in Column 1 of the table and applying the following formula rounded to the nearest £5—

Where—

• CF is the fee payable by a full-time student for the current academic year on a full-time equivalent.

• CI is the intensity of study calculated using the formula in regulation 13 and expressed as a percentage.

(2) In paragraph (1), “standard full-time student” is a student who is to be taken—

(a) to be enrolled on the same full-time higher education course in question;

(b) is completing the same academic year;

(c) is on the same student fee framework;

(d) will complete the credit points as defined at regulation 5 for the same full-time higher education course in question.

Part-time higher education student fee amounts

24.  The fee payable to the Department by a part-time student in the current academic year in respect of a part-time higher education course is the fee specified in Column 2 of the table in Schedule 1 which is opposite the fee code for that student in Column 1 of the table and applying the following formula rounded to the nearest £5—

Where—

• CF is the fee payable by a full-time student for the current academic year on a full-time equivalent.

• CI is the intensity of study calculated using the formula in regulation 13 and expressed as a percentage.

Reduced higher education fee amounts

25.—(1) The level of fee payable to the Department by a student shall be reduced in the following cases—

(a) in the final year of a higher education course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b) in respect of a sandwich higher education course, an academic year during which any periods of full-time study are in aggregate less than 10 weeks; or

(c) in respect of a higher education course provided in conjunction with an overseas institution, an academic year during which any periods of full-time study at CAFRE are in aggregate less than 10 weeks.

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