- Latest available (Revised)
- Point in Time (06/11/2006)
- Original (As enacted)
Version Superseded: 02/01/2008
Point in time view as at 06/11/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Education (Fees and Awards) Act 1983, Section 1 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 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
(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.]]
[F6(e)any training provider, within the meaning of Part 3 of the Education Act 2005 (training the school workforce), who is receiving financial support under section 78 of that Act from the Training and Development Agency for Schools;
(ee)any institution eligible for funding by the Higher Education Funding Council for Wales under Part 3 of that Act;]
[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 [F8National 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.]
[F9(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 [F10section 485 of the Education Act 1996] or section 73 of the M1Education (Scotland) Act 1980 [F11and expressions used in this section and in the [F12the 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.
F13(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)
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)(ee) substituted for s. 1(3)(e) (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 9
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
F8Words in s. 1(3)(g) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 9 (with art. 7)
F9S. 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)
F10Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(a).
F11Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 91(4)
F12Words in s. 1(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. 1 para. 57(b).
F13S. 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)
C1S. 1: transfer of functions (8.6.2006) by National Assembly for Wales (Transfer of Functions) Order 2006 (S.I. 2006/1458), arts. 1(2), 2, 3
Marginal Citations
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: