Higher Education Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Higher Education Bill

Higher Education Bill
Part 3 — Student fees in higher education
11

24
Regulations under section 23(6) relating to basic or higher amount
(1)
The Secretary of State may not make the first regulations under subsection (6)
of section 23 prescribing the basic amount and the higher amount for the
purposes of that section unless a draft of the regulations has been laid before,
and approved by a resolution of, each House of Parliament.
5
(2)
Where regulations under subsection (6) of section 23 have been made
prescribing the basic amount and the higher amount for the purposes of that
section—
(a)
no regulations may be made increasing the basic amount unless—
(i)
the Secretary of State is satisfied that the increase is no greater
10
than is required to maintain the value of the amount in real
terms, or
(ii)
a draft of the regulations has been laid before, and approved by
a resolution of, each House of Parliament, and
(b)
no regulations may be made increasing the higher amount unless—
15
(i)
the Secretary of State is satisfied that the increase is no greater
than is required to maintain the value of the amount in real
terms, or
(ii)
a draft of the regulations has been laid before each House of
Parliament and has been approved after 1st January 2010 by a
20
resolution of each House of Parliament.
(3)
For the purposes of subsection (2)(a)(i) and (b)(i) the Secretary of State is to
have regard to such index of prices as may be specified in, or determined in
accordance with, regulations made by him under this subsection.
25
Power of National Assembly for Wales to impose conditions as to student
25
fees, etc.
(1)
The power of the Assembly to impose conditions under section 68(1) of the
1992 Act or section 7(1) of the 1994 Act in relation to grants paid to the Higher
Education Funding Council for Wales includes power to impose a condition
requiring the Council to impose a condition under section 26 in relation to any
30
grants, loans or other payments made by the Council under section 65 of the
1992 Act, or (as the case may be) section 5 of the 1994 Act, to the governing
body of a relevant institution.
(2)
In this section “relevant institution” means an institution specified by the
Assembly in a condition under subsection (1), or an institution of a class so
35
specified.
26
Condition that may be required to be imposed by Higher Education Funding
Council for Wales
(1)
A condition under this section requires the governing body of the relevant
institution—
40
(a)
to secure that, in respect of any qualifying course, the qualifying fees in
respect of any academic year which begins during the grant period at a
time when a Welsh approved plan is in force in relation to the
institution do not exceed such limit, not exceeding the higher amount,
as is provided by the plan for that course and that academic year,
45
(b)
to secure that, in respect of any qualifying course, the qualifying fees in
respect of any academic year which begins during the grant period at a

Higher Education Bill
Part 3 — Student fees in higher education
12

time when no Welsh approved plan is in force in relation to the
institution do not exceed the basic amount, and
(c)
to comply with the general provisions of any Welsh approved plan that
is in force in relation to the institution during any part of the grant
period during which it is in force.
5
(2)
For the purposes of subsection (1)—
(a)
an academic year which begins at the same time as the grant period is
to be taken to begin during the grant period, and
(b)
an academic year which begins with the day on which a Welsh
approved plan comes into force is to be taken to begin at a time when
10
the plan is in force.
(3)
A condition under this section must provide, in the event of a failure of the
governing body to comply with any of the requirements specified in subsection
(1), for the imposition by the Higher Education Funding Council for Wales on
the governing body of financial requirements determined by the Council in
15
accordance with principles specified by the Assembly in the condition under
section 25.
(4)
Any financial requirements imposed by virtue of subsection (3) must relate to
one or more of the following—
(a)
the repayment, with or without interest, of the whole or any part of any
20
sums received by the governing body in respect of the grant, loan or
other payment in question,
(b)
the withdrawal or reduction of any amount that has been awarded but
not yet paid in respect of the grant, loan or other payment in question,
or
25
(c)
the refusal to award (or to award to the extent expected) any other
grant, loan or other payment under section 65 of the 1992 Act or (as the
case may be) section 5 of the 1994 Act in respect of the grant period or
any subsequent period.
(5)
Where—
30
(a)
a condition is imposed under this section in connection with any grants,
loans or other payments made to the governing body of a relevant
institution, and
(b)
those payments are to any extent made in respect of persons
undertaking a course which is provided in whole or part by any other
35
institution,

then, for the purposes of this section, fees payable by such persons to the other
institution are to be regarded as fees payable by them to the relevant
institution.
(6)
In this section—
40

“academic year”, in relation to a course, means an academic year
applicable to the course;

“the basic amount” means such amount as may be prescribed for the
purposes of this section as the basic amount;

“the grant period” means the period in respect of which the grants, loans,
45
or other payments to which the relevant condition under section 25
relates are made;

“the higher amount” means such amount as may be prescribed for the
purposes of this section as the higher amount;

Higher Education Bill
Part 3 — Student fees in higher education
13


“prescribed” means prescribed by regulations made by the Assembly;

“qualifying course” means a course of any description prescribed for the
purposes of this section;

“qualifying fees”, in relation to a relevant institution, means the fees
payable to the institution by a qualifying person in connection with his
5
undertaking a qualifying course;

“qualifying person” means a person falling within any class of persons
prescribed for the purposes of this section;

“relevant institution” has the same meaning as in section 25.
27
Sections 22 to 26: supplementary provisions
10
(1)
No condition under section 23 or 26 applies in relation to any fees which are
payable, in accordance with regulations under section 1 of the Education (Fees
and Awards) Act 1983 (c. 40) (fees at universities and further education
establishments) by students other than those falling within any class of persons
prescribed by such regulations for the purposes of subsection (1) or (2) of that
15
section (persons connected with the United Kingdom, etc.).
(2)
The power to prescribe descriptions of course by virtue of the definition of
“qualifying course” in section 23(6) or 26(6) may not be exercised in such a way
as to discriminate—
(a)
in relation to courses of initial teacher training, between different
20
courses on the basis of the subjects in which such training is given, and
(b)
in relation to other courses, between different courses at the same or a
comparable level on the basis of the areas of study or research to which
they relate.
(3)
Nothing in the 1992 Act or the 1994 Act, so far as it imposes any prohibition or
25
other requirement in relation to the imposition of conditions by the Secretary
of State, the Assembly, the Higher Education Funding Council for England, the
Higher Education Funding Council for Wales or the Teacher Training Agency
applies to—
(a)
any condition under section 22 imposed by the Secretary of State,
30
(b)
any condition under section 25 imposed by the Assembly, or
(c)
any condition under section 23 or 26 imposed by either of those
Councils or that Agency.
Plans authorising fees of more than basic amount
28
Meaning of “the relevant authority”
35
(1)
In this Part “the relevant authority” means—
(a)
in relation to England, the Director (as defined by section 29(1)), and
(b)
in relation to Wales, such person as may be designated for the purposes
of this section by regulations made by the Assembly.
(2)
The power conferred by subsection (1)(b) includes power to designate the
40
Higher Education Funding Council for Wales.
(3)
Regulations under subsection (1)(b) designating a person as the relevant
authority in relation to Wales may make such amendments of any enactment
(including any enactment contained in this Act) as appear to the Assembly to
be necessary or expedient in connection with the designation of that person.
45

Higher Education Bill
Part 3 — Student fees in higher education
14

29
Director of Fair Access to Higher Education
(1)
There is to be a Director of Fair Access to Higher Education (in this Part
referred to as “the Director”).
(2)
The Director is to be appointed by the Secretary of State.
(3)
Schedule 5 makes further provision about the Director.
5
30
General duties of relevant authority
(1)
The Director must—
(a)
perform his functions under this Part in such a way as to promote and
safeguard fair access to higher education, and
(b)
in the performance of those functions, have regard to any guidance
10
given to him by the Secretary of State.
(2)
The relevant authority in relation to Wales must, in the performance of the
functions that are conferred on it by this Part as the relevant authority, have
regard to any guidance given to it by the Assembly.
31
Contents of plans
15
(1)
A plan under this section relating to an institution must, in relation to each
qualifying course in connection with which fees are to be payable to the
institution by qualifying persons, specify or provide for the determination of a
limit (not exceeding the higher amount) which those fees are not permitted to
exceed.
20
(2)
A plan under this section relating to any institution must also include such
provisions relating to—
(a)
the promotion of higher education, or
(b)
the promotion of equality of opportunity in connection with access to
higher education,
25

as are required by regulations to be included in the plan, and may also include
further provisions relating to either of those matters.
(3)
In this Part any reference to the “general provisions” of a plan under this
section is a reference to the provisions included in the plan by virtue of
subsection (2).
30
(4)
The general provisions that may be required by regulations made by virtue of
subsection (2) include, in particular, provisions—
(a)
requiring the governing body to take, or secure the taking of, measures
to attract applications from prospective students who are members of
groups which, at the time when the plan is approved, are under-
35
represented in higher education,
(b)
requiring the governing body to provide, or secure the provision of,
financial assistance to students,
(c)
requiring the governing body to make available to students and
prospective students information about financial assistance available to
40
students from any source,
(d)
setting out objectives in relation to the matters mentioned in subsection
(2)(a) and (b),
(e)
relating to the monitoring by the governing body of—

Higher Education Bill
Part 3 — Student fees in higher education
15

(i)
its compliance with the provisions of the plan, and
(ii)
its progress in achieving any objectives set out in the plan by
virtue of paragraph (d), and
(f)
requiring the provision of information to the relevant authority.
(5)
In this section—
5

“the higher amount” means—
(a)
in relation to England, the amount from time to time prescribed
as the higher amount under section 23(6), and
(b)
in relation to Wales, the amount from time to time prescribed as
the higher amount under section 26(6);
10

“qualifying course” and “qualifying person”—
(a)
in relation to England, have the same meaning as in section 23,
and
(b)
in relation to Wales, have the same meaning as in section 26;
“regulations” means regulations made—
15
(a)
in relation to England, by the Secretary of State, and
(b)
in relation to Wales, by the Assembly.
32
Approval of plans
(1)
The governing body of any institution which is or may become eligible to
receive grants under section 65 of the 1992 Act or section 5 of the 1994 Act may
20
apply to the relevant authority for approval of a proposed plan relating to the
institution.
(2)
The relevant authority may, if it thinks fit, approve the plan.
(3)
The relevant authority may issue guidance to institutions falling within
subsection (1) as to the matters to which the relevant authority will have regard
25
in deciding whether to approve plans.
(4)
The relevant authority’s functions under this section are to be exercised in
accordance with regulations.
(5)
Regulations may, in particular, specify matters to which the relevant authority
is, or is not, to have regard in making any determination relating to approval.
30
(6)
Regulations may require the institution to which any plan approved under this
section relates to publish the plan in the prescribed manner.
(7)
In this section “regulations” means regulations made—
(a)
in relation to England, by the Secretary of State, or
(b)
in relation to Wales, by the Assembly.
35
33
Duration of plans
(1)
A plan must specify the period during which it is to be in force.
(2)
The length of that period must not exceed such maximum as may be prescribed
by regulations made—
(a)
in relation to England, by the Secretary of State, or
40
(b)
in relation to Wales, by the Assembly.

Higher Education Bill
Part 3 — Student fees in higher education
16

(3)
Subsections (1) and (2) do not prevent the approval of a new plan to take effect
on the expiry of a previous plan.
34
Variation of plans
(1)
Regulations may make provision enabling an English approved plan or a
Welsh approved plan to be varied with the approval of the relevant authority.
5
(2)
In this section “regulations” means regulations made—
(a)
in relation to England, by the Secretary of State, or
(b)
in relation to Wales, by the Assembly.
35
Enforcement of plans: England
(1)
If the Director is satisfied that the governing body of an institution which by
10
virtue of a condition under section 23 is required to comply with the
requirement specified in section 23(1)(a) or (c) has failed to comply with that
requirement, the Director may do either or both of the following—
(a)
direct the Higher Education Funding Council for England or the
Teacher Training Agency (or both) to impose specified financial
15
requirements on the governing body under section 23(3), or
(b)
notify the governing body that on the expiry of the existing plan he will
refuse to approve a new plan under section 32 during a specified
period.
(2)
The Secretary of State may by regulations make provision—
20
(a)
as to the matters to which the Director must, or may not, have regard in
exercising his powers under subsection (1),
(b)
as to the procedure to be followed in connection with the giving of any
direction or notification under subsection (1),
(c)
as to the financial requirements that may be specified by virtue of
25
subsection (1)(a), and
(d)
as to the effect of a notification under subsection (1)(b).
36
Enforcement of plans: Wales
(1)
If the relevant authority is satisfied that the governing body of an institution
which by virtue of a condition imposed under section 26 is required to comply
30
with the requirement specified in section 26(1)(a) or (c) has failed to comply
with that requirement, the relevant authority may notify the governing body
that on the expiry of the existing plan it will refuse to approve a new plan
under section 32 during a specified period.
(2)
The period specified under subsection (1) must not exceed any maximum
35
period prescribed by regulations made by the Assembly.
(3)
The Assembly may by regulations make provision—
(a)
as to the matters to which the relevant authority must, or may not, have
regard in exercising its powers under subsection (1),
(b)
as to the procedure to be followed in connection with the giving of any
40
notification under that subsection, and
(c)
as to the effect of such a notification.

Higher Education Bill
Part 3 — Student fees in higher education
17

(4)
The exercise of the power conferred by subsection (1) (whether or not by the
Higher Education Funding Council for Wales) does not prevent the Council
from enforcing the condition imposed under section 26 by imposing financial
requirements on the governing body in pursuance of any condition imposed
by virtue of section 26(3).
5
Supplementary
37
Provision of information
(1)
If so requested by the Director, the Higher Education Funding Council for
England and the Teacher Training Agency must provide the Director with any
information which is in its possession and is reasonably required by the
10
Director for the purposes of his functions.
(2)
If so requested by the Higher Education Funding Council for England or the
Teacher Training Agency, the Director must provide the Council or the Agency
with any information which is in his possession and is reasonably required by
either of those bodies for the purposes of its functions.
15
38
Interpretation of Part 3
(1)
In this Part—

“course” does not include any part-time or postgraduate course other
than a course of initial teacher training;

“the Director” has the meaning given by section 29(1);
20

“English approved plan” has the meaning given by section 21(b);

“fees”, in relation to undertaking a course, means fees in respect of, or
otherwise in connection with, undertaking the course, including
admission, registration, tuition and graduation fees but excluding—
(a)
fees payable to an institution for awarding or accrediting any
25
qualification where the institution does not provide the whole
or part of the course and is not a publicly-funded institution (as
defined by subsection (2)),
(b)
fees payable for board or lodging,
(c)
fees payable for field trips (including any tuition element of
30
such fees),
(d)
fees payable for attending any graduation or other ceremony,
and
(e)
such other fees as may be prescribed—
(i)
in relation to England, by regulations made by the
35
Secretary of State, or
(ii)
in relation to Wales, by regulations made by the Assembly;

“governing body”, in relation to an institution, has the meaning given by
section 90(1) of the 1992 Act, but subject to any provision made by
virtue of section 90(2) of that Act;
40

“general provisions”, in relation to a plan, has the meaning given by
section 31(3);

“plan” has the meaning given by section 21(a);

“the relevant authority” has the meaning given by section 28(1);

“Welsh approved plan” has the meaning given by section 21(b).
45