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:—
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
unless the circumstances in section 3 apply.
In this Act—
“merit” means academic ability, potential and aptitude as assessed by the
institution of further or higher education;
“institution of further education” and “institution of higher education”
have the same meaning as in the Further and Higher Education Act
Section 1 shall not apply in respect of any place or any course which is
expressly 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.
(1) This Act comes into force on the day on which it is passed.
(2) This 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.