1 Fees at universities and further education establishments.

(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;

F1F2(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;

F9(ee)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(f)

any institution which receives funding from the F11F12Secretary of State F13... (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 F14Welsh Ministers or the Commission for Tertiary Education and Research (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.

F15(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 F16section 485 of the Education Act 1996 or section 73 of the M1Education (Scotland) Act 1980 F17and expressions used in this section and in the F18the 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.

F19(6)

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