BILL

Ensure that Higher Education institutions in England and Wales and Scotland
may not vary fees charged to British students based on a student’s place of
domicile; and to require organisations using public funds to assist students in
paying fees not to vary support based on a student’s place of study within the
United Kingdom.

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 Equality of treatment of British citizens by the Scottish Government

(1) The Scotland Act 1998 is amended as follows.

(2) In section 29 (legislative competence) after subsection (2)(d) insert—

“(da) it would result in residents of England, Wales or Northern
5Ireland being treated differently to citizens of other EU member
states.”

2 Variation of student fees in Scotland according to origin of British students

(1) The Scotland Act 1998 is amended as follows.

(2) In Part 2 of Schedule 5, under Head L (miscellaneous) at the end insert—

10“L8. Variation of student fees according to origin of British students
The setting of student fees for students domiciled in England, Northern
Ireland or Wales studying at Scottish universities at rates different from
those for students from Scotland studying at Scottish universities.
Interpretation
15“Fees” has the meaning given by section 41 of the Higher Education Act
2004.”

Higher Education (Fees) BillPage 2

3 Variation of student fees in England and Wales according to origin of British
students

(1) The Higher Education Act 2004 is amended as follows.

(2) In section 33 (contents of plans) after subsection (5)(f) insert—

“(g) 5prohibiting the governing body from setting fees for students
domiciled in Scotland and Northern Ireland at rates different
from those for students from England and Wales”.

4 Provision of financial support to students

(1) No organisation providing financial support to British students attending
10higher education institutions in the United Kingdom shall do so in a way
which provides more beneficial support to some students on the basis of the
geographical location of their place of study.

(2) Nothing in this section shall prevent an organisation from contributing
different cash values of support towards the fees of students attending
15different higher education institutions, providing that the variance is based on
a policy providing for support for a consistent proportion of fees.

(3) In this section—

“financial support” shall mean the use of any funds raised through local,
regional or national taxation—

(a)

20to pay, in full or in part; or

(b)

to underwrite any loans conditional on their use to pay, in full
or in part;

any fees;
“fees” has the meaning given by section 41 of the Higher Education Act
252004.

5 Report on provisions and commencement

(1) This section, section 3 and section 6 shall come into force on the day on which
this Act is passed.

(2) The Secretary of State for Education shall, within six months beginning on the
30day on which this Act is passed, lay before both Houses of Parliament a report
explaining the impact of this Act on universities and other higher and further
education institutions.

(3) Sections 1, 2 and 4 come into force after—

(a) twelve months, beginning on the day on which this Act is passed, have
35passed, and

(b) the Secretary of State has laid before both Houses of Parliament the
report required in subsection (2).

6 Short title and extent

(1) This Act may be cited as the Higher Education (Fees) Act 2012.

(2) 40This Act extends to England and Wales, Scotland and Northern Ireland.