Search Legislation

Higher Education and Research Act 2017

Status:

This is the original version (as it was originally enacted).

Section 10

SCHEDULE 2The fee limit

This schedule has no associated Explanatory Notes

Introduction

1(1)This Schedule is about determining the amount of “the fee limit” where a fee limit condition is an ongoing registration condition of a registered higher education provider.

(2)The amount of “the fee limit” for the purposes of applying that condition to fees in connection with a qualifying course and in respect of an academic year is determined in the case of each provider and each qualifying course as follows.

(3)References to “the relevant course” and “the relevant academic year” are to that course and year.

The fee limit where the provider has an access and participation plan

2(1)This paragraph applies if an access and participation plan approved by the OfS under section 29 in relation to the provider is in force, or comes into force, when the relevant academic year begins.

(2)If the provider—

(a)had a high level quality rating at the relevant time, the fee limit is such limit, not exceeding the higher amount, as is provided by the plan for the relevant course and for the relevant academic year, and

(b)in any other case, the fee limit is such limit, not exceeding the sub-level amount, as is provided by the plan for the relevant course and for the relevant academic year.

(3)“A high level quality rating” means such rating or ratings given in accordance with arrangements made under section 25 (rating the quality of, and the standards applied to, higher education) as the Secretary of State determines to be a high level quality rating for the purposes of this paragraph.

(4)“The relevant time” means at the time when the access and participation plan is approved.

(5)“The higher amount” means such amount as may be prescribed for the purposes of sub-paragraph (2)(a) as the higher amount.

(6)“The sub-level amount” means such amount as may be determined by the Secretary of State for the purposes of sub-paragraph (2)(b)—

(a)as the sub-level amount in respect of the higher amount, or

(b)where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a), as the sub-level amount in respect of each higher amount.

(7)Different amounts may be determined under sub-paragraph (6) for different descriptions of provider.

(8)Those descriptions of provider may be by reference only to—

(a)whether a provider has or has not a rating given to it in accordance with arrangements under section 25, and

(b)where it has such a rating, the level, type or other description of the rating.

(9)Any amount determined as “the sub-level amount”—

(a)must not exceed the higher amount, and

(b)must be equal to or greater than the floor amount.

(10)But any amount determined as “the sub-level amount” for a description of provider by virtue of sub-paragraph (7) must be equal to the higher amount where—

(a)the description is of providers who have a rating given to them in accordance with arrangements under section 25, and

(b)the amount is in respect of an academic year which begins before 1 August 2020.

(11)“The floor amount” means such amount as may be prescribed for the purposes of this paragraph—

(a)as the floor amount in respect of the higher amount, or

(b)where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a), as the floor amount in respect of each higher amount.

(12)Where different amounts are prescribed as the higher amount for different cases or purposes by virtue of section 119(5)(a)—

(a)the reference in sub-paragraph (9)(a) to the higher amount is to the higher amount in respect of which the sub-level amount is determined, and

(b)the reference in sub-paragraph (9)(b) to the floor amount is to the floor amount prescribed under sub-paragraph (11) in respect of that higher amount.

(13)“Prescribed” means prescribed by regulations made by the Secretary of State.

The fee limit where the provider has no access and participation plan

3(1)This paragraph applies if an access and participation plan approved by the OfS under section 29 in relation to the provider is not in force, and does not come into force, when the relevant academic year begins.

(2)If the provider—

(a)had a high level quality rating within the meaning of paragraph 2 at the relevant time, the fee limit is the basic amount, and

(b)in any other case, the fee limit is the sub-level amount.

(3)“The relevant time” means on 1 January in the calendar year before the calendar year in which the relevant academic year begins.

(4)“The basic amount” means such amount as may be prescribed for the purposes of sub-paragraph (2)(a) as the basic amount.

(5)“The sub-level amount” means such amount as may be determined by the Secretary of State for the purposes of sub-paragraph (2)(b)—

(a)as the sub-level amount in respect of the basic amount, or

(b)where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a), as the sub-level amount in respect of each basic amount.

(6)Different amounts may be determined under sub-paragraph (5) for different descriptions of provider.

(7)Those descriptions of provider may be by reference only to—

(a)whether a provider has or has not a rating given to it in accordance with arrangements under section 25, and

(b)where it has such a rating, the level, type or other description of the rating.

(8)Any amount determined as “the sub-level amount”—

(a)must not exceed the basic amount, and

(b)must be equal to or greater than the floor amount.

(9)But any amount determined as “the sub-level amount” for a description of provider by virtue of sub-paragraph (6) must be equal to the basic amount where—

(a)the description is of providers who have a rating given to them in accordance with arrangements under section 25, and

(b)the amount is in respect of an academic year which begins before 1 August 2020.

(10)“The floor amount” means such amount as may be prescribed for the purposes of this paragraph—

(a)as the floor amount in respect of the basic amount, or

(b)where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a), as the floor amount in respect of each basic amount.

(11)Where different amounts are prescribed as the basic amount for different cases or purposes by virtue of section 119(5)(a)—

(a)the reference in sub-paragraph (8)(a) to the basic amount is to the basic amount in respect of which the sub-level amount is determined, and

(b)the reference in sub-paragraph (8)(b) to the floor amount is to the floor amount prescribed under sub-paragraph (10) in respect of that basic amount.

(12)“Prescribed” means prescribed by regulations made by the Secretary of State.

Accelerated courses

4(1)The power for regulations to prescribe different amounts for different cases or purposes by virtue of section 119(5)(a) includes power for regulations under paragraph 2 or 3 to prescribe different amounts as the higher amount, basic amount and floor amount in the case of an accelerated course.

(2)An “accelerated course” means a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award.

Procedure

5(1)The Secretary of State must—

(a)notify the OfS of initial and subsequent determinations made under—

(i)paragraph 2(3) (meaning of “a high level quality rating” for the purposes of paragraph 2),

(ii)paragraph 2(6) (meaning of “the sub-level amount” for the purposes of paragraph 2), or

(iii)paragraph 3(5) (meaning of “the sub-level amount” for the purposes of paragraph 3), and

(b)publish those determinations.

(2)No regulations may be made under paragraph 2 increasing the higher amount unless—

(a)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

(b)each House of Parliament has 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 sub-paragraph (2)(a), 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 the Secretary of State under this sub-paragraph.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources