The Education (Fees and Awards) (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) Regulations 1997 (“the 1997 Regulations”).

The Regulations remove the exclusion of college fees or dues at the University of Oxford, the University of Cambridge, and at the St. Chad's, St. John’s or Ushaw College of the University of Durham, from the list of fees in respect of which it is lawful for a higher amount to be charged in the case of a person who is not mentioned in the Schedule to the 1997 Regulations than in the case of a person who is so mentioned (regulation 4).

The Regulations also make transitional provision in relation to the requirement of being “settled in the United Kingdom”, and to being treated as mentioned in the Schedule to the 1997 Regulations for the purposes of regulation 4 of those Regulations, for students who attend a course immediately after ceasing to attend a previous course (regulation 5). This applies where the relevant date for the purposes of the application of regulation 4 is on or after 1st September 1998, and a local education authority was under a duty to bestow an award on the student under regulations made under section 1 of the Education Act 1962 in respect of both the present and the previous course, and an award was so bestowed in respect of each course.

The Regulations also correct errors made in the 1997 Regulations (regulations 3 and 6(a)), and clarify the drafting in paragraphs 7 and 8 of the Schedule to the 1997 Regulations (regulation 6(b) and (c)).