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Higher Education Act 2004
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26Regulations under section 24(6) relating to basic or higher amount
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(1)The Secretary of State may not make the first regulations under subsection (6) of section 24 prescribing the basic amount and the higher amount for the purposes of that section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(2)Where regulations under subsection (6) of section 24 have been made prescribing the basic amount and the higher amount for the purposes of that section—
(a)no regulations may be made increasing the basic amount unless—
(i)the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms, or
(ii)a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament, and
(b)no regulations may be made increasing the higher amount unless—
(i)the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms, or
(ii)each House of Parliament has at any time after 1st January 2010 passed a resolution that, with effect from a date specified in the resolution, the higher amount should be increased to an amount specified in the resolution, and the increase is an increase to the specified amount with effect from the specified date.
(3)For the purposes of subsection (2)(a)(i) and (b)(i) the Secretary of State is to have regard to such index of prices as may be specified in, or determined in accordance with, regulations made by him under this subsection.
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