The Education (Fees and Awards) (Scotland) Regulations 1997

PART II FEES FOR TUITION ETC.

Scope of Part II

4.  This Part shall have effect as respects the charging of relevant fees in respect of students attending a course provided by–

(a) an institution within the higher education sector for the purposes of section 56(2) of the Further and Higher Education (Scotland) Act 1992(1);

(b) a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980(2); or

(c) a further education establishment provided by an education authority or managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992,

and any reference in this Part to a student shall be construed accordingly.

Relevant fees

5.—(1) For the purpose of this Part “relevant fees” means the aggregate of–

(a) any fees for admission, registration or matriculation (including matriculation exemption);

(b) any sessional or tuition fees;

(c) any composition fee; and

(d) any graduation fee,

in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (2).

(2) The fees last referred to in paragraph (1) are–

(a) any fees charged by an external body in respect of an examination or validation of a course or otherwise charged by such a body whose requirements must (for the purposes of a course) be met; and

(b) charges for board and lodging.

Relevant connection with the United Kingdom and Islands

6.  For the purposes of this Part a student has a relevant connection with the United Kingdom and Islands if–

(a) he has been ordinarily resident there throughout the 3 year period immediately preceding 1st September, 1st January or 1st April closest to the beginning of the first term of the student’s course; and

(b) his residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education.

Charging of higher relevant fees

7.  Subject to Schedule 1, it shall be lawful to charge higher relevant fees in the case of students who do not have a relevant connection with the United Kingdom and Islands than in the case of students having such a connection.

(1)

1992 c. 37.

(2)

1980 c. 44, to which no relevant amendment has been made.