The Higher Education (Fee Limits) (Wales) Regulations 2026
In accordance with the Senedd approval procedure applied by section 143(3) and (4)(b) of the Tertiary Education and Research (Wales) Act 2022 a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.
Title, coming into force and interpretation1.
(1)
The title of these Regulations is the Higher Education (Fee Limits) (Wales) Regulations 2026.
(2)
These Regulations come into force on 1 March 2026.
(3)
In these Regulations, “the 2022 Act” means the Tertiary Education and Research (Wales) Act 2022.
Specified maximum amount2.
Subject to regulations 3, 4 and 5, the specified maximum amount for the purposes of section 46(6) of the 2022 Act is £9,790.
Specified maximum amount for the final academic years of courses and academic years of courses of initial training of teachers3.
(1)
This regulation applies in respect of—
(a)
the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks’ attendance;
(b)
an academic year of a course for the initial training of teachers (including such a course leading to a first degree) during which any periods of full-time study are in aggregate less than 10 weeks.
(2)
Where this regulation applies, the specified maximum amount for the purposes of section 46(6) of the 2022 Act is £4,895.
(3)
In this regulation, “initial training of teachers” means training or education with the object of fitting persons who are not teachers, to be teachers.
Specified maximum amount for sandwich courses4.
(1)
This regulation applies 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.
(2)
Where this regulation applies, the specified maximum amount for the purposes of section 46(6) of the 2022 Act is £1,955.
(3)
Specified maximum amount for study and work placements overseas5.
(1)
This regulation applies in respect of an academic year of a course provided in conjunction with an overseas institution—
(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.
(2)
Where this regulation applies, the specified maximum amount for the purposes of section 46(6) of the 2022 Act is £1,465.
(3)
In this regulation, “overseas institution” means an institution other than one in Wales, England, Scotland, Northern Ireland, the Channel Islands or the Isle of Man.
Fees payable to other persons6.
(1)
For the purposes of section 32(11) of the 2022 Act, where a person provides a qualifying course, or part of a qualifying course, on behalf of a registered provider, any fees payable to that person, in connection with a qualifying person undertaking the qualifying course or that part of the qualifying course, are to be treated as being paid to the registered provider for the purposes of sections 32(7) and 46 of the 2022 Act.
(2)
In this regulation—
(a)
“registered provider” means a tertiary education provider registered in the register established and maintained by the Commission for Tertiary Education and Research under section 25 of the 2022 Act;
(b)
“qualifying course” has the meaning given in section 32(4) of the 2022 Act;
(c)
“qualifying person” has the meaning given in section 32(9) of the 2022 Act.
These Regulations specify the maximum fee limits that apply for the purposes of section 46(6) of the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”). These Regulations also provide that where fees are paid to a person other than a provider registered with the Commission for Tertiary Education and Research (“the Commission”), those fees are to be treated as being paid to the registered provider.
Section 32(1) of the 2022 Act requires the Commission to impose a fee limit condition on the registration of tertiary education providers who fall within a fee limit category and provide qualifying courses or have qualifying courses provided on their behalf. Regulation 5 of the Commission for Tertiary Education and Research (Registration and De-registration of Tertiary Education Providers in Wales) Regulations 2024 makes provision for the fee limit category for these purposes. “Qualifying course” is defined in section 32(4) of the 2022 Act.
Section 32(3) of the 2022 Act provides that a fee limit condition requires the governing body of a registered provider to—
- (a)
have a fee limit statement approved by the Commission under section 47 of the 2022 Act, and
- (b)
secure that course fees payable to the registered provider by a qualifying person undertaking a qualifying course do not exceed the maximum fee specified in the fee limit statement.
“Qualifying person” is defined in section 32(9) of the 2022 Act.
Section 46 of the 2022 Act sets out the requirements of a fee limit statement and section 46(6) provides that where a fee limit statement specifies a fee limit in relation to a year and a course, that fee limit must not exceed the amount specified in regulations made by the Welsh Ministers. Regulation 2 specifies the maximum amount which will apply. Regulations 3, 4 and 5 specify lower maximum amounts in respect of certain courses.
Regulation 6 provides that where a person provides a qualifying course, or part of a qualifying course, on behalf of a registered provider, any payments made to that person by a qualifying person in respect of that course are to be treated as being paid to the registered provider, so that the fee limits set out in these Regulations apply in those circumstances.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.