The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779), as amended (the “Fees Regulations), the Student Fees (Qualifying Courses and Persons) (England) Regulations 2007 (S.I. 2007/778), as amended (the “QCP Regulations”), and the Education (Student Support) Regulations 2009 (S.I. 2009/1555), as amended (the “SSR 2009”).

Regulation 6 amends the definition of “parent” in regulation 2 of the Fees Regulations to remove the reference to “any person having care of a child”. Regulation 9(b) makes the corresponding change to the definition of “parent” in the Schedule to the QCP Regulations, and regulation 12(a) makes the corresponding change to the definition of “parent” in Schedule 1 of the SSR 2009.

Regulation 7(a) amends the definition of “family member” in Schedule 1 to the Fees Regulations to correspond with the amendment to SSR 2009 which was made by the Education (Student Support) Regulations 2009 (Amendment) Regulations 2010. This amendment replaces the reference to “child” with one that refers to direct descendants of the person or of the person’s spouse or civil partner who are under the age of 21 or dependants of the person or the person’s spouse or civil partner. Regulation 9(a)(i) makes the corresponding amendment in the QCP Regulations.

Regulations 7(a)(ii) and (iii) insert a new definition referring to a “person granted humanitarian protection” in Schedule 1 to the Fees Regulations, and remove the definition of “person with leave to enter or remain”. The new definition creates a narrower class of eligible person, by including only people who have been granted humanitarian protection, their spouses and children. The previous category also included certain people granted discretionary leave to remain and their spouses and children. Regulation 7(b) makes changes to paragraph 5 of Schedule 1 to the Fees Regulations to reflect the new definition of person granted humanitarian protection.

Regulations 9(a)(ii) and (iii) and 9(c) make the corresponding amendments to the QCP Regulations and regulations 10 and 12(b) make the corresponding amendments to the SSR 2009. In addition Regulation 11 makes consequential amendments throughout the SSR in relation to the new definition.

Regulation 8 amends the definition of “equivalent and lower qualification” in the QCP Regulations so that the definition in the SSR 2009 applies.

Regulation 13 concerns transitional cases.

The effect of the changes to the definition of person with leave to enter or remain and the related amendments is that people (and their family members) who would have fallen within the category of “person with leave to enter or remain” but who do not fall within the new category of people granted humanitarian protection will not be entitled to be charged tuition fees on the same basis as home students, will not be regarded as qualifying persons who benefit from fee controls and will not eligible for tuition fee and maintenance support.

These changes will only apply to new students applying for support from the date the Regulations come into force and will not apply to existing students.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the public sector. The impact on the public sector is minimal.