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Teaching and Higher Education Act 1998
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- 1998 c. 30
- Part II
- Chapter I
- Student fees
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- Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 9(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Ch. 1 heading words substituted by 2011 c. 21 Sch. 2 para. 2
- s. 1cross-heading words substituted by 2011 c. 21 Sch. 2 para. 3
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Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2004/571 Sch. amendment to earlier commencing SI 2003/1667 Sch. para. 1
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1833 art. 4 5 commences (2004 c. 8)
- S.I. 2006/51 art. 2 commences (2004 c. 8)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/1660 art. 2 amendment to earlier commencing SI 2005/1833 art. 5 5A
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/3204 art. 2 commences (2006 c. 47)
- S.I. 2008/3267 art. 2 commences (2006 c. 50)
- S.I. 2009/39 art. 2 commences (2006 c. 47)
- S.I. 2009/2540 art. 2-4 commences (2006 c. 48)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/2648 art. 3 amendment to earlier commencing SI 2008/3267
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/1942 art. 2 amendment to earlier commencing SI 2008/3267
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/297 art. 2 3 4 commences (2004 c. 8)
- S.I. 2011/297 art. 2 3 Commencement Order
- S.I. 2011/1725 Sch. para. 6 amendment to earlier commencing SI 2008/3267
- S.I. 2011/1728 art. 2 commences (2006 c. 50)
- S.S.I. 2005/419 art. 2 commences (2005 asp 6)
Student feesE+W+S+N.I.
26 Imposition of conditions as to fees at further or higher education institutions.E+W
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The power of the Secretary of State to impose conditions under section 68(1) of the 1992 Act or section 7(1) of the 1994 Act in relation to grants paid to one of the following bodies, namely—
(a)the Higher Education Funding Council for England,
(b)the Higher Education Funding Council for Wales, or
(c)the Teacher Training Agency,
as the case may be, shall include power to impose a condition requiring the body to whom he is making any such grant to impose a condition under subsection (4) below in relation to any grants, loans or other payments made by that body under section 65 of the 1992 Act, or (as the case may be) section 5 of the 1994 Act, to the governing body of a relevant institution.
(4)A condition under this subsection shall require the governing body of any such institution to secure that, in respect of the relevant academic year, the fees payable to the institution by any prescribed class of persons in connection with their [F2undertaking]courses of any prescribed description are equal to the prescribed amount.
(5)In subsection (4) “the prescribed amount”, in relation to any such class of persons [F2undertaking] courses of any such description, means such amount as may be prescribed for the time being by virtue of section 22(2)(b) as the maximum amount of any grant available for the relevant academic year in respect of fees payable by such persons in connection with their [F2undertaking] such courses.
(6)A condition under [F3subsection (4)]shall impose, in the event of a failure by the governing body to comply with the requirement specified in that subsection, such further financial requirements on that body as may be specified, which may include requirements relating to the repayment, with or without interest, of the whole or part of any sums received by them in respect of the grant, loan or other payment in question.
(7)No condition under [F3subsection (4)] shall apply in relation to any fees which are payable, in accordance with regulations under section 1 of the M1Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section (persons connected with the United Kingdom, etc.).
(8)The Secretary of State shall not exercise the power to prescribe descriptions of courses under subsection (4) in such a way as to discriminate—
(a)in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, or
(b)in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate.
(9)In this section— “the 1992 Act” means the M2Further and Higher Education Act 1992; “the 1994 Act” means the M3Education Act 1994; “course”, where it appears in subsection (4) or (5), does not include any part-time or postgraduate course other than a course of initial teacher training; “the relevant academic year”, in relation to a course, means the academic year applicable to the course which begins at the same time as, or during, the period in respect of which the grants, loans or other payments to which the relevant condition under [F4subsection (4)] relates are made; “relevant institution” means a specified institution or an institution of a specified class; and “specified” means specified by the Secretary of State in a condition imposed by him under [F5subsection (3)].
(10)Where—
(a)a condition is imposed under [F3subsection (4)] in connection with any grants, loans or other payments made to the governing body of a relevant institution, and
(b)those payments are to any extent so made in respect of persons [F2undertaking]a course which is provided in whole or part by any other institution,
then, for the purposes of this section, fees payable by such persons to the other institution shall be regarded as fees payable by them to the relevant institution.
(11)Nothing in the 1992 Act or the 1994 Act, so far as it imposes any prohibition or other requirement in relation to the imposition of conditions by the Secretary of State or by any of the Councils mentioned in [F6subsection (3)] or the Teacher Training Agency shall apply to—
(a)any condition under [F6subsection (3)] imposed by the Secretary of State; or
(b)any condition under [F3subsection (4)] imposed by any of those Councils or that Agency.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 26(1)(2) repealed (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 74(2), Sch. 11; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F2Words in s. 26(4)(5)(10)(b) substituted (1.10.2000) by 2000 c. 21, s. 146(4); S.I. 2000/2559, art. 2(1), Sch. Pt. I
F3Words in s. 26(6)(7)(10)(a)(11)(b) substituted (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 74(3); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F4S. 26(9): words in the definition of
“the relevant academic year”
substituted (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 74(4)(a); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F5S. 26(9): words in the definition of
“specified”
substituted (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 74(4)(b); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F6Words in s. 26(11)(a) substituted (28.7.2000 for specified purposes otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 74(5); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
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