The Student Fees (Specification) (Scotland) Order 2011

This Order is made under sections 9(6) and (7) and 34(2) of the Further and Higher Education (Scotland) Act 2005 (“the 2005 Act”). It specifies the fees that are payable by certain students attending courses of higher education at fundable bodies in the 2012/13 academic year. It also amends the Student Fees (Specification) (Scotland) Order 2006 (S.S.I. 2006/401) (“the 2006 Order”). “Fundable body” means a body specified in schedule 2 to the 2005 Act.

A 2012/13 academic year is defined as any academic year which has a start date between 1st August 2012 and 31st July 2013, inclusive. Subsequent academic years are to be construed accordingly (i.e. with reference to start dates during the period from 1st August to 31st July).

The Order specifies fees for full time students only and does not apply to part time students. The fees apply to any student who is a “post 2011/12 student” within the meaning of the Order. A “post 2011/12 student” is a student, who is not a “deferred student” or a “new deferred student” within the meaning of the 2006 Order, who commences a course on or after 1st August 2012. To qualify as a “deferred student” within the meaning of the 2006 Order a student must commence a course on or after 1st August 2006 having agreed with the relevant fundable body, before 1st August 2005, to defer entry to that course. To qualify as a “new deferred student” within the meaning of the 2006 Order a student must commence a course on or after 1st August 2012 having agreed with the relevant fundable body, between 1st August 2005 and 31st July 2011, to defer entry to that course. The term “new deferred student” does not include a student who is an excluded medical student. An “excluded medical student” is a student who (i) has been accepted on to a Bachelor of Medicine and Bachelor of Surgery degree course or a Bachelor of Science degree course in medicine which is a preparatory course for the study of a Bachelor of Medicine and Bachelor of Surgery degree course at a fundable body and has agreed in writing with that fundable body, during the period beginning on 1st August 2005 and ending on 31st July 2011, to defer entry to that course; and (ii) has a relevant connection with Scotland, or is an excepted student, within the meaning of the Education (Fees) (Scotland) Regulations 2011 (“the 2011 Regulations”).

Article 3(2)(a) provides that full time post 2011/12 students studying honours or ordinary degrees must pay a fee of £1,820. Article 3(2)(b) provides that full time post 2011/12 students studying postgraduate initial teacher training courses must pay a fee of £1,820. Article 3(2)(c) provides that full time post 2011/12 students studying any other higher level education course must pay a fee of £1,285.

Article 3(3) provides that these fees do not apply to students who do not have a relevant connection with Scotland and are not excepted students within the meaning of the 2011 Regulations.

These specified fees will form part of the conditions of grant imposed on fundable bodies under section 9 of the 2005 Act. Under this section the Scottish Ministers specify the fees and will then require the Scottish Further and Higher Education Funding Council (through the terms of the grant to that Council) to set this fee level through further conditions of grant on fundable bodies. Fundable bodies then require this level of fee from those students to whom the 2011 Regulations apply.

Article 4 allows Scottish Ministers to set fees for subsequent academic years by determination, rather than by Order, only if either such fees are no greater than the 2012/13 fees or such fees are only higher than the 2012/13 fees in so far as is necessary to maintain the value of the fees in real terms. In considering the value of fees in real terms, section 9(17) of the 2005 Act provides that the Scottish Ministers may have regard to any retail price index. (Information on retail price index is available on www.statistics.gov.uk.). This provision allows fees to remain at the same level, be reduced or be increased in line with inflation without making further legislation.

Fees payable by students attending courses of higher education at fundable bodies were previously set in terms of the 2006 Order. Article 5 amends the 2006 Order by inserting additional definitions of the classes of student to whom the 2006 Order applies and making provision for specifying the fees payable by new deferred students. It also amends the 2006 Order by making provision which excludes the application of the 2006 Order to post 2011/12 students to whom this Order applies. The 2006 Order will therefore continue to apply in respect of fees payable by any student who is a “new student” as defined in the 2006 Order and who is not also a post 2011/12 student as defined in this Order. The 2006 Order will also continue to apply in respect of fees payable by a “deferred student”, an “existing student” or a “new deferred student” as defined in the 2006 Order.