PART 2Amendment of Fee Limits

Amendment of the Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 20182

1

The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 20184 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—

Reduced higher and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 20226A

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—

Reduced basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 20229A

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—

Reduced higher, basic and floor amounts in the academic year commencing on or after 1st August 2021 and before 1st August 202211A

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%.