2.—(1) The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018(1) are amended as follows.
(2) In regulation 3, after the definition of “the Act”, insert—
““AY 2020/21” means an academic year commencing on or after 1st August 2020 and before 1st August 2021;”.
(3) In regulation 4(1)—
(a)in sub-paragraph (a), for “and 11” substitute “, 11 and 11A”;
(b)in sub-paragraphs (b) and (c), for “11” substitute “11A”;
(c)in sub-paragraph (d), for “regulation 11 applies” substitute “regulations 11 and 11A apply”.
(4) In regulation 5, in the words before paragraph (a), for “7 and 11” substitute “6A, 7, 11 and 11A”.
(5) After regulation 6 insert—
6A.—(1) The higher and floor amounts set out in regulations 5 and 6 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—
(a)on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and
(b)the number of students to which that level applies is exceeded by that higher education provider in AY 2020/21.
(2) The reduction of higher and floor amounts referred to in paragraph (1) is—
(a)3% where the level is exceeded but not by more than 6%;
(b)9% where the level is exceeded by more than 6% but not more than 12%;
(c)15% where the level is exceeded by more than 12%.”.
(6) In regulation 8, in the words before paragraph (a), for “11” substitute “11A”.
(7) After regulation 9 insert—
9A.—(1) The basic and floor amounts set out in regulations 8 and 9 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—
(a)on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and
(b)the number of students to which that level applies is exceeded by that higher education provider in AY 2020/21.
(2) The reduction of basic and floor amounts referred to in paragraph (1) is—
(a)3% where the level is exceeded but not by more than 6%;
(b)9% where the level is exceeded by more than 6% but not more than 12%;
(c)15% where the level is exceeded by more than 12%.”.
(8) After regulation 11 insert—
11A.—(1) The higher, basic and floor amounts set out in regulation 11 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—
(a)on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and
(b)the number of students to which that level applies is exceeded by that higher education provider in AY 2020/21.
(2) The reduction of higher, basic and floor amounts referred to in paragraph (1) is—
(a)3% where the level is exceeded but not by more than 6%;
(b)9% where the level is exceeded by more than 6% but not more than 12%;
(c)15% where the level is exceeded by more than 12%.”.
3.—(1) The Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019(2) are amended as follows.
(2) In regulation 3, after the definition of “the Act”, insert—
““AY 2020/21” means an academic year commencing on or after 1st August 2020 and before 1st August 2021;”.
(3) In regulation 4(1)—
(a)in sub-paragraph (a), for “and 6” substitute “, 6 and 6A”;
(b)in sub-paragraph (b), for “and 8” substitute “, 8 and 8A”;
(c)in sub-paragraph (c), for “8” substitute “8A”.
(4) In regulation 5, in the words before paragraph (a), for “regulation 6” substitute “regulations 6 and 6A”.
(5) After regulation 6, insert—
6A.—(1) The higher and floor amounts set out in regulations 5 and 6 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—
(a)on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and
(b)the number of students to whom that level applies is exceeded by that higher education provider in AY 2020/21.
(2) The reduction of higher and floor amounts referred to in paragraph (1) is—
(a)3% where the level is exceeded but not by more than 6%;
(b)9% where the level is exceeded by more than 6% but not more than 12%;
(c)15% where the level is exceeded by more than 12%.”.
(6) In regulation 7, in the words before paragraph (a), for “regulation 8” substitute “regulations 8 and 8A”.
(7) After regulation 8 insert—
8A.—(1) The basic and floor amounts set out in regulations 7 and 8 are reduced in relation to a higher education provider in accordance with paragraph (2) in respect of an academic year which commences on or after 1st August 2021 and before 1st August 2022 where—
(a)on or before the date on which these Regulations are made, the Secretary of State has notified to that higher education provider a level for the number of students starting the first year of courses at that higher education provider in respect of AY 2020/21, and
(b)the number of students to whom that level applies is exceeded by that higher education provider in AY 2020/21.
(2) The reduction of basic and floor amounts referred to in paragraph (1) is—
(a)3% where the level is exceeded but not by more than 6%;
(b)9% where the level is exceeded by more than 6% but not more than 12%;
(c)15% where the level is exceeded by more than 12%.”.