The Education (Fees at Higher Education Institutions) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

Section 26(4) of the Teaching and Higher Education Act 1998 enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Teacher Training Agency requiring them to impose a new type of condition on financial support given to the governing body of a relevant institution. This condition would require the governing body to secure that the fees payable by a prescribed class of persons, in connection with them attending courses of any prescribed description are equal to “prescribed amount” as defined in section 26(5). The amounts in question are prescribed in the Education (Student Support) Regulations 1999 (S.I. 1999/496).

These Regulations prescribe the class of persons and description of courses by reference to the Education (Student Support) Regulations 1999. The class of persons are those persons specified in Schedule 1 to the Student Support Regulations (that is persons who, subject to the provisions of those regulations, are eligible for support) other than persons who are not eligible for student support by reason of regulation 4(2) of those regulations, who have attended a previous course or who have not applied for student support. The description of courses are those courses which are “designated courses” as defined in the Student Support Regulations provided at institutions in England or Wales.