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Section 24 of the Higher Education Act 2004 enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England and the Teacher Training Agency requiring them to impose a condition on financial support given to the governing body of a relevant institution. This condition would require the governing body to secure that the fees payable for a qualifying course by a qualifying student do not exceed either the basic amount specified in these Regulations, or, where an institution has an approved plan in force, the amount specified in that plan which is not to exceed the higher amount specified in these Regulations.
These Regulations prescribe the basic and higher amounts. Regulation 4 sets out the amount which will ordinarily apply. For an academic year of certain courses specified in regulation 5, lower basic and higher fee amounts apply.
The regulatory impact assessment applicable to these regulations is the assessment which was published in respect of the White Paper “The Future of Higher Education” (Cm 5735, January 2003) and the Higher Education Bill 2004 and is obtainable from the website of the Department of Education and Skills at: www.dfes.gov.uk/hegateway/hereform.
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