This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Higher Education (Fee Limits and Fee Limit Condition) (England) (Amendment) Regulations 2025 No. 263
(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.
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