Further and Higher Education (Access) Bill (HC Bill 83)




Make provision to require all institutions of further and higher education in

receipt of public funds to allocate places on merit; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Duty to allocate places on merit

It shall be the duty of all institutions within the further or higher education

sectors in receipt of public funds to consider applicants domiciled in England

for any course of study below post-graduate level on the basis of merit alone

5unless the circumstances in section 3 apply.

2 Interpretation

In this Act—

  • “merit” means academic ability, potential and aptitude as assessed by the

    institution of further or higher education;

  • 10“institution of further education” and “institution of higher education”

    have the same meaning as in the Further and Higher Education Act


3 Exemptions

Section 1 shall not apply in respect of any place or any course which is

15expressly restricted to a category or categories of applicant to be selected on

criteria additional to or in substitution for the criterion of merit, provided that

such restriction is published at the time that applications are invited.

4 Commencement, short title and extent

(1) This Act comes into force on the day on which it is passed.

(2) 20This Act may be cited as the Further and Higher Education (Access) Act 2011.

Further and Higher Education (Access) BillPage 2

(3) This Act extends to England and Wales only.