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Education (Fees and Awards) Act 1983

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Education (Fees and Awards) Act 1983

1983 CHAPTER 40

An Act to make provision with respect to the fees charged by universities and other institutions to students not having the requisite connection with the United Kingdom, the Channel Islands or the Isle of Man and the exclusion of such students from eligibility for certain discretionary awards.

[13th May 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C3Act applied (Canterbury and York except Channel Islands and Isle of Man) (26.7.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 7(3); Archbishops' Instrument 1991 No. 1 (made 26.7.1991)

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

C4Education Acts explained (6. 5. 1992) (re. certain references) by Further and Higher Education Act 1992 (c. 13), s. 1(6); S.I. 1992/831, art. 2, Sch.1

C5Act (except s. 1): certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C7Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

Commencement Information

I1Act wholly in force at Royal Assent

1 Fees at universities and further education establishments.E+W+S

(1)The Secretary of State may, as respects any institutions to which this section applies, make regulations requiring or authorising the charging of fees which are higher in the case of students not having such connection with the United Kingdom or any part of it as may be specified in the regulations than in the case of students having such a connection.

(2)The regulations may provide for exceptions and make different provision for different cases or purposes.

(3)This section applies to—

(a)any university, university college, or college school, hall or other institution of a university;

[F1[F2(b) any institution within the higher education sector]; and

(c)any institution which provides higher education or further education (or both) and is either maintained by a [F3local authority] or falls within subsection (3A) below; and

F4[(ca)any institution within the higher education sector]

F5[(cb)any designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992; and]

(d)any further education institution in Scotland (i)

[F6(i)]which is administered by an education authority.[F6; or

(ii)which is a college of further education for which there is a board of management established under Part I of the Further and Higher Education (Scotland) Act 1992.]]

[F7(e)any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial [F8assistance—

(i)from the Secretary of State or the Welsh Ministers under section 14 of the Education Act 2002, or

(ii)from a person who is receiving financial assistance under that section;]

(ee)any institution eligible for funding by the Higher Education Funding Council for Wales under Part 3 of that Act;]

[F9(f)any institution which receives funding from the [F10[F11Secretary of State] F12...] (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations;

(g)any institution which receives funding from the [F13National Assembly for Wales] (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations.]

[F14(3A)An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified.]

(4)In this section “fees” includes charges however described (including charges for board and lodging) and “public funds” means assistance from a [F3local authority] or, in Scotland, an education authority or grants under [F15section 485 of the Education Act 1996] or section 73 of the M1Education (Scotland) Act 1980 [F16and expressions used in this section and in the [F17the 1996 Act] have the same meaning as in that Act.].

(5)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 1(3)(b)(c)(d) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), 231(7), 235(6), 237(1), Sch. 12 para. 91(2)

F7S. 1(3)(e)(ee) substituted for s. 1(3)(e) (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 9

F8Words in s. 1(3)(e) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 5; S.I. 2012/924, art. 2

F9S. 1(3)(f)(g) inserted (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II

F11Words in s. 1(3)(f) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 5; S.I. 2012/924, art. 2

F12Words in s. 1(3)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 33

F15Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(a).

F17Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(b).

F18S. 1(6) repealed (6.11.2006 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 5, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2; S.I. 2007/3611, Sch. Pt 1

Modifications etc. (not altering text)

Marginal Citations

2 Discretionary awards.E+W+S

(1)The Secretary of State may, as respects any awards to which this section applies, make regulations authorising the adoption of rules of eligibility which confine the awards to persons having such connection with the United Kingdom or any part of it as may be specified in the regulations.

(2)The regulations may provide for exceptions and make different provision for different cases or purposes.

(3)This section applies to—

F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)such F19. . . awards (however described) as may be specified by the regulations, being awards in connection with courses of education or training or the undertaking of research.

(4)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P1S.2: s. 1 (with s. 2):power exercised by S.I. 1991/830: S.I. 1991/834

S. 2: for previous exercises of power see Index to Government Orders

P2S. 2: s. 1 (with s. 2) power exercised by S.I. 1991/1839

Textual Amendments

F19S. 2(3)(a) and words in s. 2(3)(b) repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch.4 (with s. 42(8)); S.I. 1998/3237, art.2(1) (with arts. 3, 4)

3 Short title interpretation and extent.E+W+S

(1)This Act may be cited as the Education (Fees and Awards) Act 1983.

(2)In sections 1 and 2 above references to the United Kingdom include references to the Channel Islands and the Isle of Man.

(3)This Act does not extend to Northern Ireland.

Modifications etc. (not altering text)

C10S. 3(2) excluded by S.I. 1983/1215, art. 2(3)

S. 3(2) excluded (E.W.) (1.1.1995) by S.I. 1994/3042, reg. 2(4)

S. 3(2) excluded (S.) (17.2.1997) by S.I. 1997/93, reg. 2(3)

S. 3(2) excluded (E.W.) (1.9.1997) by S.I. 1997/1972, reg. 2(3)

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