Higher Education and Research Act 2017

11 Duty to publish a list regarding the fee limit condition E+W

(1) The OfS must publish in each year a list of—

(a) the registered higher education providers who have a fee limit condition as an ongoing registration condition, [F1 and

(b) the fee limits as determined under Schedule 2 in relation to each of those providers for fees in connection with each qualifying course provided by the provider in respect of each relevant academic year.]

[F2 (1A) The list must include the following information—

(a) in respect of each provider on the list, the qualifying courses that the OfS expects the provider to provide in the calendar year after that in which the list is published (“the next calendar year”),

(b) in respect of each such course, whether the fee limit applicable to a course year beginning in the next calendar year will be determined by the credit-based method or the fixed method,

(c) in respect of each such course for which the credit-based method will be used, what the applicable per-credit limit or limits will be in respect of a course year beginning in the next calendar year, and

(d) in respect of each such course for which the fixed method will be used, what the fixed limit will be in respect of a course year beginning in the next calendar year.

(1B) In subsection (1A)(c), “the applicable per-credit limit or limits” means—

(a) if the course year is to include credit-differentiated activity (see paragraph 1B(3) of Schedule 2), the per-credit limit for each such activity;

(b) otherwise, the per-credit limit.]

(2) [F3 A “relevant academic year”, in relation to a qualifying course, is an academic year which is applicable to the course and which is due to start in the calendar year after the calendar year in which the list is published.]

[F3 In subsections (1) to (1B)—

(a) “course year”, in relation to a qualifying course, means a course year within the meaning given (in relation to that course) by section 10(7B);

(b) “qualifying course” has the same meaning as in section 10;

(c) the references to methods of determining the fee limit are to be read in accordance with paragraph 1 of Schedule 2;

(d) the references to the per-credit limit and the fixed limit are to those limits as determined in accordance with paragraphs 1I to 3 of that Schedule.

(2A) If any of the information mentioned in subsection (1) or (1A) will differ according to when a course year begins, the list must include the information applicable to course years beginning both before and after the relevant date.]

(3) The OfS must send a copy of each published list to the Secretary of State who must lay it before Parliament.

(4) The Secretary of State may by regulations prescribe the date by which a list under this section must be published by the OfS.

Textual Amendments

F1 S. 11(1)(b) and word omitted (12.5.2026 for specified purposes) by virtue of Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(3)(a), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)

F2 S. 11(1A)(1B) inserted (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(3)(b), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)

F3 S. 11(2)(2A) substituted for s. 11(2) (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(3)(c), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)

Commencement Information

I1 S. 11 in force at 1.4.2018 by S.I. 2018/241, reg. 2(a)