The Student Fees (Approved Plans) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the first ones made under sections 33 to 37 and 39 of the Higher Education Act 2004 (“the 2004 Act”). They prescribe for England various matters in relation to plans defined in section 22 of the 2004 Act. These are plans which a higher education institution must have approved by the Director of Fair Access to Higher Education (established under section 31 of the 2004 Act) before the institution is allowed to charge fees which exceed the basic amount. This amount and the circumstances in which it applies are set out in regulations made under section 24(6) of the 2004 Act.

Regulations 3 and 4 set out the required contents of the plans. Regulations 5 and 6 make provisions in relation to the approval of the plans. Regulation 7 specifies the maximum duration of a plan. Regulation 8 provides for the variation of plans. Regulation 9 sets out the procedure for the enforcement of plans. Regulations 10 to 14 make provision regarding the financial requirements which can be directed to be imposed in the event of failure to comply with a plan. Regulations 15 to 22 provide for a review of the Director’s decisions.

The Code of Practice issued by the Commissioner for Public Appointments referred to in regulation 21 may be obtained from the website of the Office of the Commissioner for Public Appointments: http://www.ocpa.gov.uk/pages/code.htm .

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.