2016 No. 1206
Education, England

The Higher Education (Higher Amount) (England) Regulations 2016

Made
Laid before Parliament
Coming into force
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 24(6) and 47 of the Higher Education Act 20041.

In accordance with section 26(2)(b)(i) of that Act, the Secretary of State is satisfied that the increase to the higher amounts is no greater than is required to maintain the value of that amount in real terms.

In accordance with section 26(3) of that Act, the Secretary of State has had regard to the index of prices specified in regulations made under that subsection2.

Citation, commencement and application

1.

These Regulations may be cited as the Higher Education (Higher Amount) (England) Regulations 2016 and come into force on 6th January 2017.

Annotations:
Commencement Information

I1Reg. 1 in force at 6.1.2017, see reg. 1

2.

These Regulations apply in relation to England.

Annotations:
Commencement Information

I2Reg. 2 in force at 6.1.2017, see reg. 1

Interpretation

3.

In these Regulations—

“the 2004 Act” means the Higher Education Act 2004;

“Erasmus year” has the meaning given in regulation 2(1) of the Student Support Regulations;

“overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

“sandwich course” has the meaning given in regulation 2(10) of the Student Support Regulations;

“the Student Support Regulations” means the Education (Student Support Regulations) 20113.
Annotations:
Commencement Information

I3Reg. 3 in force at 6.1.2017, see reg. 1

Meaning of “eligible institution”

4.

An eligible institution is an institution listed in the Schedule to these Regulations.

Annotations:
Commencement Information

I4Reg. 4 in force at 6.1.2017, see reg. 1

Application of the new higher amounts

5.

(1)

The higher amounts prescribed in regulations 6, 7 and 8 apply in relation to the qualifying fees payable by a qualifying person in connection with a qualifying course in respect of an academic year of that course, if that academic year begins on or after 1st August 2017.

(2)

The higher amounts do not apply if—

(a)

the qualifying course began before 1st September 2012;

(b)

the qualifying person is an end-on student; or

(c)

the qualifying person transfers from a qualifying course beginning before 1st September 2012 to a qualifying course beginning on or after 1st September 2012.

(3)

In this regulation—

F1...

F2...

“end-on student” means a student who is undertaking—

(a)

a full-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins to attend immediately after ceasing to attend a full-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

(b)

F3...

(c)

a part-time honours degree course beginning on or after 1st September 2012 which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake a F4part-time course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a part-time foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification;

“transfer” means that the qualifying person’s status as student eligible for support has been transferred under regulations made under section 22 of the Teaching and Higher Education Act 19984 from a full-time course to another full-time course, F5or from a part-time course to another part-time course F6....

Prescribed higher amount from 1st August 2017

6.

(1)

The higher amount is—

(a)

£9,250 in respect of an eligible institution; or

(b)

£9,000 in respect of any other institution.

(2)

This regulation does not apply in relation to courses identified in either regulation 7 or 8.

Annotations:
Commencement Information

I6Reg. 6 in force at 6.1.2017, see reg. 1

Prescribed higher amount for specified courses from 1st August 2017

7.

(1)

In respect of the final academic year of a course if that academic year is normally required to be completed after less than 15 weeks’ attendance, the higher amount is—

(a)

£4,625 in respect of an eligible institution; or

(b)

£4,500 in respect of any other institution.

(2)

The higher amount is the amount specified in paragraph (3) in respect of an academic year of a sandwich course—

(a)

during which any periods of full-time study are in aggregate less than 10 weeks; or

(b)

if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks.

(3)

The higher amount is—

(a)

£1,850 in respect of an eligible institution; or

(b)

£1,800 in respect of any other institution.

(4)

In respect of an Erasmus year, the higher amount is—

(a)

£1,385 in respect of an eligible institution; or

(b)

£1,350 in respect of any other institution.

(5)

The higher amount is the amount specified in paragraph (6) in respect of an academic year of a course provided in conjunction with an overseas institution which is not an Erasmus year—

(a)

during which any periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or

(b)

if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.

(6)

The higher amount is—

(a)

£1,385 in respect of an eligible institution; or

(b)

£1,350 in respect of any other institution.

Annotations:
Commencement Information

I7Reg. 7 in force at 6.1.2017, see reg. 1

Prescribed higher amount for part-time courses from 1st August 2017

8.

The higher amount in respect of a part-time course is—

(a)

£6,935 in respect of an eligible institution; or

(b)

£6,750 in respect of any other institution.

Annotations:
Commencement Information

I8Reg. 8 in force at 6.1.2017, see reg. 1

Joseph Johnson
Minister of State
Department for Education

F7SCHEDULEEligible Institutions

Regulation 4

  • Abingdon and Witney College

  • Accrington and Rossendale College

  • Activate Learning

  • Anglia Ruskin University

  • AECC University College

  • Arts University Bournemouth, the

  • Askham Bryan College

  • Aston University

  • Aylesbury College

  • Bath Spa University

  • Birkbeck College

  • Birmingham City University

  • Bishop Burton College

  • Bishop Grosseteste University

  • Blackburn College

  • Blackpool and the Fylde College

  • BMC (Brooksby Melton College)

  • Bournemouth University

  • Bradford College

  • Brunel University London

  • Buckinghamshire New University

  • Calderdale College

  • Cambridge Regional College

  • Canterbury Christ Church University

  • Cardinal Newman College

  • Chichester College

  • City College Plymouth

  • City of Bristol College

  • City of Sunderland College

  • City, University of London

  • Cleveland College of Art and Design

  • Colchester Institute

  • Cornwall College

  • Courtauld Institute of Art

  • Coventry University

  • Croydon College

  • De Montfort University

  • DN Colleges Group

  • Ealing, Hammersmith & West London College

  • East Kent College

  • East Riding College

  • Edge Hill University

  • Exeter College

  • Falmouth University

  • Fareham College

  • Farnborough College of Technology

  • Furness College

  • Gateshead College

  • Goldsmiths’ College

  • Greater Brighton Metropolitan College

  • Grimsby Institute of Further and Higher Education

  • Guildhall School of Music & Drama

  • Hadlow College

  • Halesowen College

  • Harper Adams University

  • Hartpury College

  • Heart of Worcestershire College

  • Hereford College of Arts

  • Hertford Regional College

  • Highbury College Portsmouth

  • Holy Cross College

  • Hopwood Hall College

  • Hugh Baird College

  • Hull College

  • Imperial College of Science, Technology and Medicine

  • King’s College London

  • Kingston Maurward College

  • Kingston University

  • Kirklees College

  • Leeds Beckett University

  • Leeds City College

  • Leeds Arts University

  • Leeds Trinity University

  • Leicester College

  • Lincoln College

  • Liverpool Hope University

  • Liverpool John Moores University

  • London Metropolitan University

  • London South Bank University

  • Loughborough College

  • Loughborough University

  • LTE Group

  • Macclesfield College

  • Manchester Metropolitan University

  • Middlesbrough College

  • Middlesex University

  • Milton Keynes College

  • Myerscough College

  • NCG

  • New College Durham

  • New College Stamford

  • Newbury College

  • Newham College of Further Education

  • Newman University

  • North East Surrey College of Technology (NESCOT)

  • North Hertfordshire College

  • Northampton College

  • Northumberland College

  • Norwich University of the Arts

  • Nottingham Trent University

  • Oaklands College

  • Oxford Brookes University

  • Petroc

  • Plumpton College

  • Plymouth College of Art

  • Preston College

  • Queen Mary University of London

  • Ravensbourne

  • Reaseheath College

  • RNN Group

  • Roehampton University

  • Rose Bruford College of Theatre and Performance

  • Royal College of Music

  • Royal Holloway and Bedford New College

  • Royal Northern College of Music

  • Salford City College

  • Selby College

  • Sheffield Hallam University

  • Solent University

  • Solihull College and University Centre

  • South & City College Birmingham

  • South Devon College

  • Southport College

  • South Thames Colleges Group

  • Sparsholt College

  • St Mary’s University, Twickenham

  • St. George’s Hospital Medical School

  • Staffordshire University

  • Strode College

  • Sussex Coast College Hastings

  • Sussex Downs College

  • Teesside University

  • The City of Liverpool College

  • The Conservatoire for Dance and Drama

  • The Liverpool Institute for Performing Arts

  • The London School of Economics and Political Science

  • The Royal Academy of Music

  • The Royal Agricultural University

  • The Royal Central School of Speech and Drama

  • The Royal Veterinary College

  • The School of Oriental and African Studies

  • The University of Bath

  • The University of Birmingham

  • The University of Bolton

  • The University of Bradford

  • The University of Chichester

  • The University of Cumbria

  • The University of East Anglia

  • The University of Essex

  • The University of Huddersfield

  • The University of Hull

  • The University of Kent

  • The University of Lancaster

  • The University of Leeds

  • The University of Leicester

  • The University of Liverpool

  • The University of Manchester

  • The University of Reading

  • The University of Sheffield

  • The University of Surrey

  • The University of Warwick

  • The University of West London

  • The University of Westminster

  • Trinity Laban Conservatoire of Music and Dance

  • Truro and Penwith College

  • Tyne Coast College

  • University College Birmingham

  • University College London

  • University College of Osteopathy (The)

  • University for the Creative Arts

  • University of Bedfordshire

  • University of Brighton

  • University of Bristol

  • University of Cambridge

  • University of Central Lancashire

  • University of Chester

  • University of Derby

  • University of Durham

  • University of East London

  • University of Exeter

  • University of Gloucestershire

  • University of Greenwich

  • University of Hertfordshire

  • University of Keele

  • University of Lincoln

  • University of Newcastle upon Tyne

  • University of Northampton, the

  • University of Northumbria at Newcastle

  • University of Nottingham, the

  • University of Oxford

  • University of Plymouth

  • University of Portsmouth

  • University of Salford, the

  • University of Southampton

  • University of St Mark & St John

  • University of Suffolk

  • University of Sunderland

  • University of Sussex

  • University of the Arts, London

  • University of the West of England, Bristol

  • University of Winchester

  • University of Wolverhampton

  • University of Worcester

  • University of York

  • Wakefield College

  • Warwickshire College

  • West Herts College

  • West Kent and Ashford College

  • Weston College of Further and Higher Education

  • Wigan and Leigh College

  • Wiltshire College

  • Writtle University College

  • York College

  • York St John University

EXPLANATORY NOTE
(This note is not part of the Regulations)

Section 24 of the Higher Education Act 2004 (c.8) enables the Secretary of State to impose a condition on grants to the Higher Education Funding Council for England requiring it to impose a 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 for a qualifying course by a qualifying student do not exceed either the prescribed basic amount, or, where an institution has an approved plan in force, the amount specified in that plan which is not to exceed the prescribed higher amount.

These Regulations prescribe that the higher amounts in respect of a relevant course for an academic year of that course which starts on or after 1st August 2017 are those listed in regulations 6, 7 and 8. Regulation 6 sets out the higher amounts which will ordinarily apply. For fees payable in respect of an academic year of courses specified in regulation 7, the higher amounts set out in that regulation will apply. Regulation 8 sets out the higher amounts which will apply in respect of part-time courses. The Higher Education (Basic Amount) (England) Regulations 2016 will prescribe the higher amounts.

For each type of course two higher amounts are prescribed. An upper higher amount applies in the case of an “eligible institution”, which regulation 4 defines as an institution listed in the Schedule to the regulations. These are institutions which have achieved a “Meets Expectations” rating for the purposes of Year One of the Teaching Excellence Framework, a scheme operated by the Department for Education for rating the quality of teaching in higher education. A second higher amount, which reflects the amounts prescribed in the Higher Education (Higher Amount) (England) Regulations 2010, will apply to any other institution that is subject to a condition imposed under section 24.

Regulation 5(2) provides that the amounts described above do not apply where the first academic year of a relevant course begins before 1st September 2012, where a student is an end-on student, or the student has transferred from a course that began before 1st September 2012 to a course that began on or after that date. In each of these cases the amounts set out in the Student Fees (Amounts) (England) Regulations 2004 (S.I. 2004/1932) will continue to apply.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.

The Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.