1999 No. 2862 (W. 22)
The Education (Student Fees) (Exceptions) (Wales) Regulations 1999
Made
Coming into force
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Education (Student Fees) (Exceptions) (Wales) Regulations and shall come into force on 1st September 1999.
2
In these Regulations “the Act” means the Teaching and Higher Education Act 1998.
ApplicationI22
These Regulations shall apply to the definition of fees payable to institutions in Wales for the purposes of Chapter I of Part II of the Act.
Fees excluded from the definition of fees in section 28(1) of the ActI33
Any fee of a description specified in the Schedule to these Regulations is prescribed for the purpose of section 28(1)(e) of the Act (which provides that fees which are prescribed are excluded from the meaning of fees in Chapter I of Part II of the Act).
Signed on behalf of the Assembly under section 66(1) of the Government of Wales Act 19983.
SCHEDULEFEES EXCLUDED FROM THE DEFINITION OF FEES IN SECTION 28(1) OF THE ACT.
PART IINTERPRETATION
I41
In this Schedule “core provision” in relation to goods or services means the provision of goods or services related to a course which is intended by enabling the student to acquire skills or knowledge, to afford the student the opportunity to attain up to the highest grade or qualification for the course (or, where more than one grade or qualification is comprised in a course, the highest of all the grades or qualifications for the course).
PART IIDESCRIPTION OF FEES
I52
Any fee payable in connection with the supply to the student (whether by sale or hire) of goods other than individual lecture notes, summaries of lectures or similar materials, where —
a
the goods do not form part of the core provision for the course, or
b
the goods become the property of the student (whether at the time the fee is paid or at any later time),
provided that where goods form part of the core provision for the course and it is necessary to make available the goods to the student in connection with the student’s health or safety when attending the course, subparagraph (b) shall not apply unless the institution also makes the goods available to the student (without the goods becoming the property of the student) without charge.
I63
Any fee payable in connection with the supply of services to the student where the services do not form part of the core provision for the course.
For the purposes of this paragraph the reservation of books or other materials at a library shall be treated as core provision for the course.
I74
Any fee which represents a reimbursement of the cost of any fee or charge, which the institution pays to some other person other than a charge made in respect of the supply of goods to the institution, in connection with the student’s attendance on, or completion of, the course.
I85
Any fee in respect of any additional administrative expenses incurred by the institution as a result of any negligence or default by the student (including administrative expenses arising from the student re-taking an examination, assessment of course work, or module of a course).
I96
Any fee in respect of travel facilities provided by the institution.
(This Note is not part of the Regulations)