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Tertiary Education and Research (Wales) Act 2022

Fee limit statements
Section 46: Requirements of a fee limit statement

143.This section sets out what a fee limit statement is and what it must include. When a registered provider is subject to a fee limit condition under section 32, the provider’s fee limit statement must specify the fee limit, or provide for the determination of the fee limit, in relation to each qualifying course. This fee limit must not exceed the “maximum amount”.

144.The “maximum amount” is the amount specified by the Welsh Ministers that a fee limit for a qualifying course may not exceed in any academic year.

145.Fee limits for different courses may vary and may also vary from year to year. Where there is a process or formula for determining a fee limit, this must be specified in the fee limit statement.

146.A fee limit statement has effect from the date which is specified in the fee limit statement.

Section 47: Approval of fee limit statement

147.Where the governing body of a provider applies to the Commission for approval of a fee limit statement, the Commission may approve or reject the statement and must give notice of that decision. This also applies where a provider applies for approval of a variation or replacement of the fee limit statement.

148.Where the Commission rejects a proposed fee limit statement, or a variation or replacement of a fee limit statement, it must follow the procedures outlined in sections 75 to 78.

Section 48: Publication of approved fee limit statement

149.A provider with an approved fee limit statement must publish that statement, and any approved variations or replacements. Published fee limit statements should be easily accessible to students and prospective students.

Section 49: Validity of contracts

150.This section applies where a contract between a provider and a qualifying person in respect of that person undertaking a qualifying course provides for the payment of fees by the person which exceed the applicable fee limit.

151.“Qualifying person” and “qualifying course” have the meaning given to those terms in section 32.

152.Subsection (2) provides that such a contract is to be treated as providing for the payment of fees which are equivalent to the applicable fee limit. So where a student refuses to pay any excess fees specified in a contract the provider will not be able to recover the excess fees. But the contract will remain otherwise enforceable in terms of the provider’s duty to provide education to the student, despite the contract providing for the payment of fees which exceed the applicable fee limit (subsection (3)).

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