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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Higher Education (Basic Amount) (England) Regulations 2016 No. 1205 URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_20161205_en_1.html |
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Statutory Instruments
Education, England
Made
13th December 2016
Laid before Parliament
15th December 2016
Coming into force
6th January 2017
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 2004(1).
In accordance with section 26(2)(a)(i) of that Act, the Secretary of State is satisfied that the increase to the basic 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 subsection(2).
1. These Regulations may be cited as the Higher Education (Basic Amount) (England) Regulations 2016 and come into force on 6th January 2017.
2. These Regulations apply in relation to England.
3. In these Regulations-
"the 2004 Act" means the Higher Education Act 2004;
"Erasmus year" has the same 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) 2011(3).
4. An eligible institution is an institution listed in the Schedule to these Regulations.
5.-(1) The basic 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 basic 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-
"designated distance learning course" has the meaning given in regulation 122 of the Student Support Regulations;
"distance learning course" has the meaning given in regulation 2(1) of the Student Support Regulations;
"end-on student" means a student who is undertaking-
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;
a full-time distance learning honours degree course beginning on 1st September 2012 or after which, disregarding any intervening vacation, a student begins immediately after ceasing to undertake a full-time distance learning course which is mentioned in paragraph 2, 3 or 4 of Schedule 2 to the Student Support Regulations or a full-time distance learning foundation degree or ordinary degree course, which started before 1st September 2012, having achieved a qualification; or
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 full-time distance learning 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 1998(4) from a full-time course to another full-time course, a part-time course to another part-time course or a designated distance learning course to another designated distance learning course.
6.-(1) The basic amount is-
(a)£6,165 in respect of an eligible institution; or
(b)£6,000 in respect of any other institution.
(2) This regulation does not apply in relation to courses identified in either regulation 7 or 8.
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 basic amount is-
(a)£3,080 in respect of an eligible institution; or
(b)£3,000 in respect of any other institution.
(2) The basic 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 basic amount is-
(a)£1,230 in respect of an eligible institution; or
(b)£1,200 in respect of any other institution.
(4) In respect of an Erasmus year, the basic amount is-
(a)£920 in respect of an eligible institution; or
(b)£900 in respect of any other institution.
(5) The basic 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 basic amount is-
(a)£920 in respect of an eligible institution; or
(b)£900 in respect of any other institution.
8. The basic amount in respect of a part-time course is-
(a)£4,625 in respect of an eligible institution; or
(b)£4,500 in respect of any other institution.
Joseph Johnson
Minister of State
Department for Education
13th December 2016
Regulation 4
| Abingdon and Witney College |
| Accrington and Rossendale College |
| Activate Learning |
| Alton College |
| Amersham & Wycombe College |
| Anglia Ruskin University |
| Anglo-European College of Chiropractic |
| Arts University Bournemouth, the |
| Ashton Sixth Form College |
| Askham Bryan College |
| Aston University |
| Aylesbury College |
| Barnet & Southgate College |
| Basingstoke College of Technology |
| Bath College |
| Bath Spa University |
| Bedford College |
| Berkshire College of Agriculture, the (BCA) |
| Bexhill College |
| Birkbeck College |
| Birkenhead Sixth Form College |
| Birmingham City University |
| Birmingham Metropolitan College |
| Bishop Auckland College |
| Bishop Burton College |
| Bishop Grosseteste University |
| Blackburn College |
| Blackpool and the Fylde College |
| BMC (Brooksby Melton College) |
| Bolton College |
| Boston College |
| Bournemouth University |
| Bournville College |
| Bracknell and Wokingham College |
| Bradford College |
| Bridgwater and Taunton College |
| British School of Osteopathy(the) |
| Brockenhurst College |
| Bromley College of Further and Higher Education |
| Brooklands College |
| Brunel University London |
| Buckinghamshire New University |
| Burnley College |
| Burton and South Derbyshire College |
| Bury College |
| Calderdale College |
| Cambridge Regional College |
| Canterbury Christ Church University |
| Carlisle College |
| Carshalton College |
| Central Bedfordshire College |
| Central College Nottingham |
| Central Sussex College |
| Chelmsford College |
| Chesterfield College |
| Chichester College |
| Cirencester College |
| City, University of London |
| City College Brighton and Hove |
| City College Coventry |
| City College Plymouth |
| City of Bristol College |
| City of Westminster College |
| City of Wolverhampton College |
| Cleveland College of Art and Design |
| Colchester Institute |
| College of Haringey, Enfield and North-east London, the |
| College of North West London, the |
| Cornwall College |
| Courtauld Institute of Art |
| Coventry University |
| Craven College |
| Croydon College |
| Darlington College |
| De Montfort University |
| Dearne Valley College |
| Derby College |
| Doncaster College |
| Dudley College |
| Ealing, Hammersmith & West London College |
| East Berkshire College |
| East Durham College |
| East Kent College |
| East Riding College |
| East Surrey College |
| Eastleigh College |
| Easton and Otley College |
| Edge Hill University |
| Exeter College |
| Falmouth University |
| Fareham College |
| Farnborough College of Technology |
| Furness College |
| Gloucestershire College |
| Goldsmiths' College |
| Grantham College |
| Great Yarmouth College |
| Grimsby Institute of Further and Higher Education |
| Guildford College |
| Guildhall School of Music & Drama |
| Hadlow College |
| Halesowen College |
| Harlow College |
| Harper Adams University |
| Harrow College |
| Hartlepool College of Further Education |
| Hartpury College |
| Havering College of Further and Higher Education |
| Heart of Worcestershire College |
| Henley College Coventry |
| Hereford College of Arts |
| Herefordshire and Ludlow College |
| Hertford Regional College |
| Heythrop College |
| Highbury College Portsmouth |
| Hugh Baird College |
| Hull College |
| Imperial College of Science, Technology and Medicine |
| Isle of Wight College |
| Kendal College |
| Kensington and Chelsea College |
| King's College London |
| Kingston College |
| Kingston Maurward College |
| Kingston University |
| Kirklees College |
| Knowsley Community College |
| Lambeth College |
| Lancaster and Morecambe College |
| Leeds Beckett University |
| Leeds City College |
| Leeds College of Art |
| Leeds College of Building |
| Leeds Trinity University |
| Leicester College |
| Lewisham Southwark College |
| Liverpool Hope University |
| Liverpool John Moores University |
| Liverpool School of Tropical Medicine |
| London Metropolitan University |
| London South Bank University |
| Loughborough College |
| Loughborough University |
| Lowestoft College |
| Macclesfield College |
| Manchester College, the |
| Manchester Metropolitan University |
| Mid-Cheshire College |
| Middlesbrough College |
| Middlesex University |
| Mid-Kent College |
| Milton Keynes College |
| Moulton College |
| Myerscough College |
| NCG |
| Nelson and Colne College |
| New College Durham |
| New College Nottingham (NCN) |
| New College Stamford |
| New College Swindon |
| New College Telford |
| Newbury College |
| Newcastle and Stafford Colleges Group |
| Newham College of Further Education |
| Newman University |
| North East Surrey College of Technology (NESCOT) |
| North Hertfordshire College |
| North Kent College |
| North Lindsey College |
| North Warwickshire and South Leicestershire College |
| Northampton College |
| Northbrook College Sussex |
| Northern College for Residential Adult Education Limited(the) |
| Northumberland College |
| Norwich University of the Arts |
| Nottingham Trent University |
| Oaklands College |
| Oxford Brookes University |
| Peter Symonds College |
| Peterborough Regional College |
| Petroc |
| Plumpton College |
| Plymouth College of Art |
| Preston College |
| Queen Mary University of London |
| Ravensbourne |
| Reaseheath College |
| Redbridge College |
| Redcar & Cleveland College |
| Richard Huish College |
| Richmond upon Thames College |
| Riverside College |
| RNN Group |
| Roehampton University |
| Rose Bruford College of Theatre and Performance |
| Royal Holloway and Bedford New College |
| Royal College of Music |
| Royal Northern College of Music |
| Runshaw College |
| Ruskin College |
| Salford City College |
| Sandwell College |
| Seevic College |
| Selby College |
| Sheffield College, the |
| Sheffield Hallam University |
| Shrewsbury Colleges Group |
| Solihull College and University Centre |
| South & City College Birmingham |
| South Cheshire College |
| South Devon College |
| South Downs College |
| South Essex College of Further and Higher Education |
| South Gloucestershire and Stroud College |
| South Tyneside College |
| Southampton City College |
| Southampton Solent University |
| Sparsholt College |
| St Helens College |
| St Mary's University, Twickenham |
| St. George's Hospital Medical School |
| Staffordshire University |
| Stanmore College |
| Stephenson College |
| Stockport College |
| Stockton Riverside College |
| Stratford-upon-Avon College |
| Strode College |
| Suffolk New College |
| Sunderland College |
| Sussex Coast College Hastings |
| Sussex Downs College |
| Swindon College |
| Tameside College |
| Teesside University |
| Telford College of Arts & Technology |
| The City of Liverpool College |
| The College of West Anglia |
| The Conservatoire for Dance and Drama |
| The Liverpool Institute for Performing Arts |
| The London School of Economics and Political Science |
| The Open University |
| 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 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 |
| The University of Wolverhampton |
| Tower Hamlets College |
| Trafford College |
| Tresham College of Further and Higher Education |
| Trinity Laban Conservatoire of Music and Dance |
| Truro and Penwith College |
| Tyne Metropolitan College |
| University College Birmingham |
| University College London |
| University for the Creative Arts |
| University of Bedfordshire |
| University of Brighton |
| University of Bristol |
| University of Cambridge |
| University of Central Lancashire |
| University of Chester |
| The University of Cumbria |
| 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 London |
| 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 Worcester |
| University of York |
| Uxbridge College |
| Wakefield College |
| Walsall College |
| Waltham Forest College |
| Warrington Collegiate |
| Warwickshire College |
| West Cheshire College |
| West Herts College |
| West Kent and Ashford College |
| West Nottinghamshire College |
| West Suffolk College |
| West Thames College |
| WKCIC Group |
| Weston College of Further and Higher Education |
| Weymouth College |
| Wigan and Leigh College |
| Wirral Metropolitan College |
| Writtle University College |
| Xaverian College |
| Yeovil College |
| York College |
| York St John University |
(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 basic 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 basic amounts which will ordinarily apply. For fees payable in respect of an academic year of courses specified in Regulation 7, the basic amounts set out in that regulation will apply. Regulation 8 sets out the basic amounts which will apply in respect of part-time courses. The Higher Education (Higher Amount) (England) Regulations 2016 will prescribe the higher amounts.
For each type of course two basic amounts are prescribed. An upper basic 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 basic amount, which reflects the amounts prescribed in the Higher Education (Basic 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.
2004 c. 8. Section 24 was amended by the Education Act 2011 (c.21), section 16 and Schedule 5.
S.I. 2006/507, as amended by the Student Fees (Inflation Index) (England) (Amendment) Regulations 2016. (S.I. 2016/1207)
S.I. 2011/1986, as amended by S.I. 2012/164, 2013/235, 2013/630, 2013/1728, 2013/3106, 2014/1766, 2014/2103 and 2014/2765.
