The Higher Education (Fee Limits and Fee Limit Condition) (England) (Amendment) Regulations 2025

Draft Regulations laid before Parliament under section 119(2)(i) of the Higher Education and Research Act 2017, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2025 No.

Education, England

The Higher Education (Fee Limits and Fee Limit Condition) (England) (Amendment) Regulations 2025

Made

***

Coming into force

6th March 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by section 119(5)(a) and (b) of, and paragraphs 2(5), 2(11), 3(4), 3(10) and 4(1) of Schedule 2 to, the Higher Education and Research Act 2017(1).

In accordance with paragraph 5(2)(a) of Schedule 2 to that Act the Secretary of State is satisfied that the increases to the higher amounts are no greater than are required to maintain the value of those amounts in real terms.

In accordance with paragraph 5(3) of Schedule 2 to that Act the Secretary of State has had regard to the index of prices specified in regulations treated as made by the Secretary of State under that sub-paragraph(2).

In accordance with section 119(2)(i) of that Act a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Higher Education (Fee Limits and Fee Limit Condition) (England) (Amendment) Regulations 2025.

(2) These Regulations come into force on 6th March 2025.

(3) These Regulations extend to England and Wales.

Amendments to the Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018

2.—(1) The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018(3) are amended as follows.

(2) In regulation 3 (interpretation)—

(a) the existing text becomes paragraph (1);

(b) in paragraph (1), as so renumbered, at the appropriate place insert—

““CAH3 code” means a Common Aggregated Hierarchy 3 code associated with a subject, as referred to in version 1.3.4 of the Higher Education Classification of Subjects coding system(4);”;

““foundation year” means a period of study that—

(a)

is of one academic year’s duration if undertaken full time, or equivalent to that duration if undertaken part-time,

(b)

is integrated with an undergraduate course at the start of that undergraduate course, and may be enrolled for at the same time as enrolling for that undergraduate course,

(c)

is designed to equip students with the skills and knowledge that are needed for progressing to an undergraduate course,

(d)

a student must complete successfully in order to progress to the first year of an undergraduate course,

(e)

may result in the student being awarded a qualification that is separate from the qualification awarded as a result of completing the undergraduate course to which the student progresses, and

(f)

may, where contractual arrangements are in place, be undertaken at an institution (which may or may not be a registered higher education provider) that is different from the provider to which the student applied and with which the student has enrolled for the undergraduate course;”;

(c) after paragraph (1), as so renumbered, insert—

“(2) A foundation year is a “lower-fee foundation year” if more than 50% of the CAH3 codes associated with the subjects studied as part of the foundation year (for student loan purposes) are listed in the Schedule.”.

(3) In regulation 4 (higher, basic and floor amounts: general), in paragraph (1)(a), for “7” substitute “7A”.

(4) In regulation 5 (higher and floor amounts, general)—

(a) in the heading, after “1st August 2019” insert “or 1st August 2025”;

(b) the existing text becomes paragraph (1);

(c) in paragraph (1), as so renumbered, after “11A” insert “, where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025”;

(d) after paragraph (1), as so renumbered, insert—

“(2) Except as otherwise provided in regulations 6, 6B, 7, 7A and 11, where the academic year of the course begins on or after 1st August 2025—

(a) the higher amount is £9,535;

(b) the floor amount in respect of that higher amount is £9,275.”.

(5) In regulation 6 (higher and floor amounts for specified cases)—

(a) in the heading, after “1st August 2019” insert “or 1st August 2025”;

(b) in paragraph (1)(a), for “£4,625” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £4,625;

(ii) where the academic year begins on or after 1st August 2025, £4,765”;

(c) in paragraph (1)(b), for “£4,500” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £4,500;

(ii) where the academic year begins on or after 1st August 2025, £4,635”;

(d) in the opening words of paragraph (2), for “amount” both times it occurs, substitute “amounts”;

(e) in paragraph (3)(a), for “£1,850” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £1,850;

(ii) where the academic year begins on or after 1st August 2025, £1,905”;

(f) in paragraph (3)(b), for “£1,800” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £1,800;

(ii) where the academic year begins on or after 1st August 2025, £1,855”;

(g) in paragraph (4)(a), for “£1,385” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,385;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,430”;

(h) in paragraph (4)(b), for “£1,350” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,350;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,390”;

(i) in the opening words of paragraph (5), for “amount” both times it occurs, substitute “amounts”;

(j) in paragraph (6)(a), for “£1,385” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £1,385;

(ii) where the academic year begins on or after 1st August 2025, £1,430”;

(k) in paragraph (6)(b), for “£1,350” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £1,350;

(ii) where the academic year begins on or after 1st August 2025, £1,390”.

(6) After regulation 6A insert—

Higher and floor amounts for full-time lower-fee foundation years from 1st August 2025

6B.   In respect of a lower-fee foundation year that begins on or after 1st August 2025—

(a) the higher amount is £5,760;

(b) the floor amount in respect of that higher amount is £5,605.”.

(7) In regulation 7 (higher and floor amounts for part-time courses)—

(a) in the heading, after “1st August 2019” insert “or 1st August 2025”;

(b) the existing text becomes paragraph (1);

(c) in paragraph (1), as so renumbered, at the end of the opening words, insert “where the academic year begins on or after 1st August 2019, but before 1st August 2025”;

(d) after paragraph (1), as so renumbered, insert—

“(2) For any part-time course where the academic year begins on or after 1st August 2025, with the exception of any part of that course to which regulation 7A applies—

(a) the higher amount is £7,145;

(b) the floor amount in respect of that higher amount is £6,955.”.

(8) After regulation 7 insert—

Higher and floor amounts for part-time lower-fee foundation years from 1st August 2025

7A.   For a lower-fee foundation year that is undertaken part-time and begins on or after 1st August 2025—

(a) the higher amount is £4,315;

(b) the floor amount in respect of that higher amount is £4,200.”.

(9) In regulation 8 (basic and floor amounts)—

(a) in the heading, after “1st August 2019” insert “or 1st August 2025”;

(b) the existing text becomes paragraph (1);

(c) in the opening words of paragraph (1), as so renumbered, for “9 to 11A” substitute “9, 9A, 10, 11 and 11A, where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025”;

(d) after paragraph (1), as so renumbered, insert—

“(2) Except as otherwise provided in regulations 9, 9B, 10, 10A and 11, where the academic year of the course begins on or after 1st August 2025—

(a) the basic amount is £6,355;

(b) the floor amount in respect of that basic amount is £6,185.”.

(10) In regulation 9 (basic and floor amounts for specified cases from 1st August 2019)—

(a) in paragraph (1)(a), for “£3,080” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £3,080”;

(ii) where the academic year begins on or after 1st August 2025, £3,175”;

(b) in paragraph (1)(b), for “£3,000” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £3,000;

(ii) where the academic year begins on or after 1st August 2025, £3,090”;

(c) in the opening words of paragraph (2), for “amount” both times it occurs substitute “amounts”;

(d) in paragraph (3)(a), for “£1,230” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,230;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,270”;

(e) in paragraph (3)(b), for “£1,200” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,200;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,235”;

(f) in paragraph (4)(a), for “£920” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £920;

(ii) where the academic year begins on or after 1st August 2025, £950”;

(g) in paragraph (4)(b), for “£900” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £900;

(ii) where the academic year begins on or after 1st August 2025, £925”;

(h) in the opening words of paragraph (5), for “amount” both times it occurs substitute “amounts”;

(i) in paragraph (6)(a), for “£920” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £920;

(ii) where the academic year begins on or after 1st August 2025, £950”;

(j) in paragraph (6)(b), for “£900” substitute—

“—

(i) where the academic year begins on or after 1st August 2019, but before 1st August 2025, £900;

(ii) where the academic year begins on or after 1st August 2025, £925”.

(11) After regulation 9A insert—

Basic and floor amounts for full-time lower-fee foundation years from 1st August 2025

9B.   In respect of a lower-fee foundation year that begins on or after 1st August 2025—

(a) the basic amount is £3,835;

(b) the floor amount in respect of that basic amount is £3,735.”.

(12) In regulation 10 (basic and floor amounts for part-time courses)—

(a) in the heading, after “1st August 2019” insert “or 1st August 2025”;

(b) the existing text becomes paragraph (1);

(c) in the opening words of paragraph (1), as so renumbered, at the end insert “where the academic year begins on or after 1st August 2019, but before 1st August 2025”;

(d) after paragraph (1), as so renumbered, insert—

“(2) For any part-time course where the academic year begins on or after 1st August 2025, with the exception of any part of that course to which regulation 10A applies—

(a) the basic amount is £4,765;

(b) the floor amount in respect of that basic amount is £4,635.”.

(13) After regulation 10 insert—

Basic and floor amounts for part-time lower-fee foundation years from 1st August 2025

10A.   For a lower-fee foundation year that is undertaken part-time and begins on or after 1st August 2025—

(a) the basic amount is £2,875;

(b) the floor amount in respect of that basic amount is £2,800.”.

(14) At the end insert the Schedule set out in the Schedule to these Regulations.

Amendments to the Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019

3.—(1) The Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019(5) are amended as follows.

(2) In regulation 5 (higher and floor amounts: general)—

(a) the existing text becomes paragraph (1);

(b) in paragraph (1), as so renumbered, after “6A” insert “, where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025”;

(c) after paragraph (1), as so renumbered, insert—

“(2) Except as otherwise provided in regulation 6, where the academic year of the course begins on or after 1st August 2025—

(a) the higher amount is £11,440;

(b) the floor amount in respect of that higher amount is £11,130.”.

(3) In regulation 6 (higher and floor amounts for specified cases)—

(a) in the opening words of paragraph (1), for “amount” both times it occurs, substitute “amounts”;

(b) in paragraph (2)(a), for “£2,220” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £2,220;

(ii) where the academic year of the course begins on or after 1st August 2025, £2,285”;

(c) in paragraph (2)(b), for “£2,160” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £2,160;

(ii) where the academic year of the course begins on or after 1st August 2025, £2,225”;

(d) in paragraph (3)(a), for “£1,660” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,660;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,715”;

(e) in paragraph (3)(b), for “£1,620” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,620;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,665”;

(f) in the opening words of paragraph (4), for “amount” both times it occurs, substitute “amounts”;

(g) in paragraph (5)(a), for “£1,660” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,660;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,715”;

(h) in paragraph (5)(b), for “£1,620” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,620;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,665”.

(4) In regulation 7 (basic and floor amounts: general)—

(a) the existing text becomes paragraph (1);

(b) in paragraph (1), as so renumbered, after “8A” insert “, where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025”;

(c) after paragraph (1), as so renumbered, insert—

“(2) Except as otherwise provided in regulation 8, where the academic year of the course begins on or after 1st August 2025—

(a) the basic amount is £7,625;

(b) the floor amount in respect of that basic amount is £7,420.”.

(5) In regulation 8 (basic and floor amounts for specified cases)—

(a) in the opening words of paragraph (1), for “amount” both times it occurs, substitute “amounts”;

(b) in paragraph (2)(a), for “£1,475” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,475;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,525”;

(c) in paragraph (2)(b), for “£1,440” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,440;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,480”;

(d) in paragraph (3)(a), for “£1,105” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,105;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,140”;

(e) in paragraph (3)(b), for “£1,080” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,080;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,110”;

(f) in the opening words of paragraph (4), for “amount” both times it occurs, substitute “amounts”;

(g) in paragraph (5)(a), for “£1,105” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,105;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,140”;

(h) in paragraph (5)(b), for “£1,080” substitute—

“—

(i) where the academic year of the course begins on or after 1st August 2019, but before 1st August 2025, £1,080;

(ii) where the academic year of the course begins on or after 1st August 2025, £1,110”.

Name

Minister of State

Department for Education

Date

Regulation 2(14)

SCHEDULE

Regulation 3(2)

“SCHEDULE Subjects for lower-fee foundation year with associated CAH3 codes

CAH3 Subject Name	CAH3 Subject Code
rural estate management	06-01-04
social sciences (non-specific)	15-01-01
Sociology	15-01-02
social policy	15-01-03
anthropology (excluding forensic anthropology)	15-01-04
development studies	15-01-05
cultural studies	15-01-06
Economics	15-02-01
Politics	15-03-01
social work	15-04-01
childhood and youth studies	15-04-02
law	16-01-01
business and management (non-specific)	17-01-01
business studies	17-01-02
marketing	17-01-03
management studies	17-01-04
human resource management	17-01-05
finance	17-01-07
accounting	17-01-08
others in business and management	17-01-09
English studies (non-specific)	19-01-01
English language	19-01-02
literature in English	19-01-03
studies of specific authors	19-01-04
creative writing	19-01-05
others in English studies	19-01-06
linguistics	19-01-07
Celtic studies (non-specific)	19-02-01
Gaelic studies	19-02-02
Welsh studies	19-02-03
others in Celtic studies	19-02-04
American and Australasian studies	19-04-08
history	20-01-01
history of art, architecture and design	20-01-02
heritage studies	20-01-04
classics	20-01-05
philosophy	20-02-01
theology and religious studies	20-02-02
education	22-01-01
teacher training	22-01-02
combined, general or negotiated studies	23-01-01
personal development	23-01-02
humanities (non-specific)	23-01-03
liberal arts (non-specific)	23-01-04
publicity studies	24-01-02”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018 (S.I. 2018/903) (“the 2018 Regulations”) and the Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019 (S.I. 2019/214) (“the 2019 Regulations”). The amendments introduce new, increased course fee limits for qualifying courses provided by certain English higher education providers, and new lower tuition fee limits for foundation years of study in certain subjects. The fee changes apply to the higher amounts of fees and the floor amounts in respect of those amounts. These expressions are defined by paragraph 2 of Schedule 2 to the Higher Education and Research Act 2017 (c. 29) (“the 2017 Act”). The increases also apply to the basic amounts of fees, and the floor amounts in respect of those basic amounts. These expressions are defined by paragraph 3 of Schedule 2 to the 2017 Act. The fee increases to the higher amounts are required to maintain the value of those amounts in real terms, having regard to the index of prices specified in the Student Fees (Inflation Index) Regulations 2006 (S.I. 2006/507). Fees are increased by 3.1%.

The fee changes apply to English higher education providers which are required to limit their tuition fees by virtue of section 10 of the 2017 Act as a condition of registration with the regulator of higher education providers, the Office for Students.

Regulation 2(2) inserts new definitions for “CAH3 code”, “foundation year” and “lower-fee foundation year,” into the 2018 Regulations.

Regulation 2(3) makes a consequential amendment to regulation 4(1)(a).

Paragraphs (4), (5), (7), (9), (10) and (12) of regulation 2 insert new, increased limits on fees that may be charged for academic years beginning on or after 1st August 2025. The fee limits that currently apply to academic years beginning on or after 1st August 2019, but before 1st August 2025, are preserved.

Paragraphs (6) and (8) of regulation 2 insert higher amounts for lower-fee foundation year courses, and the floor amounts in respect of those amounts, into the 2018 Regulations. Paragraphs (11) and (13) specify basic amounts for lower-fee foundation year courses, and the floor amounts in respect of those amounts.

Paragraph (14) of regulation 2 inserts a new Schedule into the 2018 Regulations that identifies the subjects to which the new limits for lower-fee foundation years apply and their associated CAH3 codes.

Regulation 3 makes similar amendments to the 2019 Regulations to increase the higher, floor and basic amounts for academic years beginning on or after 1st August 2025.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been produced and is published alongside these Regulations on www.legislation.gov.uk. Hard copies are available from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.

(1)

2017 c. 29; see paragraphs 2(13) and 3(12) of Schedule 2 which define “prescribed” as prescribed by regulations made by the Secretary of State.

(2)

The Secretary of State has had regard to the index of prices specified in S.I. 2006/507, which was made under section 26(3) of the Higher Education Act 2004 (c. 8), the predecessor to paragraph 5(3) of Schedule 2 to the Higher Education and Research Act 2017.

(3)

S.I. 2018/903, as amended by S.I. 2020/853. S.I. 2020/853 was itself revoked by S.I. 2020/1341.

(4)

Version 1.3.4 of the Higher Education Classification of Subjects coding system was published digitally on 28th October 2021. A full list of Common Aggregated Hierarchy 3 codes, and the subjects they are associated with, is available at https://www.hesa.ac.uk/collection/coding-manual-tools/hecoscahdata/cah. A printed copy can be obtained on request from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.

(5)

S.I. 2019/214, as amended by S.I. 2020/853. S.I. 2020/853 was itself revoked by S.I. 2020/1341.