- Latest available (Revised)
- Point in Time (07/04/2005)
- Original (As enacted)
Version Superseded: 01/09/2005
Point in time view as at 07/04/2005.
There are currently no known outstanding effects for the Education (Fees and Awards) Act 1983.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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)
C1Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)
C2Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)
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
C6Act applied (E.W.) (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2
C7Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)
Commencement Information
I1Act wholly in force at Royal Assent
(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;
(c)any institution which provides higher education or further education (or both) and is either maintained by a local education authority or falls within subsection (3A) below; and
[F3(ca)any institution within the higher education sector]
[F4(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 [F5(i)]which is administered by an education authority.]
[F5; or
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.]
[F6(e)any institution eligible for funding under Part I of the Education Act 1994 (teacher training).]
[F7(f)any institution which receives funding from the Learning and Skills Council for England (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 National Council for Education and Training 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.]
[F8(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 local education authority or, in Scotland, an education authority or grants under [F9section 485 of the Education Act 1996]or section 73 of the M1Education (Scotland) Act 1980 [F10and expressions used in this section and in the [F11the 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.
(6)This section is without prejudice to [F12section 218(9) of the Education Reform Act 1988](regulations as to fees for courses of further education).
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)
F2S. 1(3)(b) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8, Pt. I, para. 19(a); S.I. 1992/831, art. 2, Sch. 3
F3S. 1(3)(ca) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8, Pt. I, para. 19(b); S.I. 1992/831, art. 2, Sch. 3
F4S. 1(3)(cb) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 8(1)(2); S.I. 1992/817, art. 3(2), Sch. 1
F5Words in s. 1(3)(d) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9, para. 8(3)(a)(b); S.I. 1992/817, art. 3(2), Sch. 4
F6S. 1(3)(e) inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 7; S.I. 1994/2204, art. 2(1).
F7S. 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
F8S. 1(3A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 91(3)
F9Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(a).
F10Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 91(4)
F11Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(b).
F12Words in s. 1(6) substituted (1.10.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 5 (with s. 42(8)); S.I. 1998/2215, art. 2.
Marginal Citations
(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—
F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)such F13. . . 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
F13S. 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)
(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)
C8S. 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)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: