Forty-Sixth Report of Session 2019-21 Contents

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Appendix 5

S.I. 2021/127

Education (Student Fees, Awards and Support) (Amendment) Regulations 2021

1.In its letter to the Department for Education of 17 March 2021, the Joint Committee requested a memorandum on the following points:

(1) In regulations 25(8), 35(8), 57(8), 61(9) and 67(8) (paragraphs (1)(d) and (e) of new regulations 8A and 9A (as the case may be)), explain the difference in meaning between “the day on which the first term of the first academic year actually begins” and “the first day of the first academic year of the course”.

(2) Given, as stated in paragraph 7.12 of the Explanatory Memorandum, that UK nationals and their family members living in Gibraltar will continue to be eligible for home fee status and for tuition fee support if starting courses before 1 January 2028, explain whether:

(i) Regulation 28(a) (inserted paragraph (1B)) should include a reference to paragraph 9E; and

(ii) Regulation 59(c) (inserted paragraph (6)) should include a reference to paragraph 10E.

2.This memorandum has been prepared by the Department for Education. The Department’s response to the Committee’s points is as follows.

3.In relation to the first point, the use of these two different phrases in paragraphs 1(d) and (e) of the new paragraphs 8A and 9A (as the case may be) replicates the existing drafting in paragraphs 8 and 9 respectively. This gives effect to the policy intention of retaining existing rights under those paragraphs only for the limited cohort identified in paragraph 1(c) of the new paragraphs. This achieves consistency by using language which has an established meaning and appears elsewhere in the various instruments amended.

4.As the Committee will be aware, in each provision identified, “the first day of the first academic year of the course” is to be construed in accordance with the definition of “academic year” in the appropriate regulations amended by S.I 2021/127.2

5.In each case, “academic year” is defined as “the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August, or on or after 1st August and on or before 31st December, respectively”. So for the purposes of the various Regulations, an academic year is deemed to start on one of four dates in the calendar year, depending on when in the academic year the particular course in question actually begins.

6.The phrase “the day on which the first term of the first academic year actually begins” is used in the existing Regulations and has an established meaning. It can be any date in the calendar year and will vary between courses and providers.

7.Accordingly, for the purposes of paragraph 1(d) of those new paragraphs 8A and 9A, “the day on which the first term of the first academic year actually begins” may be earlier or later than the first day of the first academic year of the course. For example, although the first day of the first academic year of a course may be 1st September, the course may not start until later in September or indeed it may have started earlier, in August.

8.In relation to the second point, regulations 28(a) and 59(c) are correct as drafted. The policy is as set out in the fourth bullet point of paragraph 7.12 of the Explanatory Memorandum. UK nationals and their family members living in Gibraltar (and the other groups mentioned in paragraphs 9E and 10E respectively) continue to be eligible for home fee status, without time limit, under the Education (Fees and Awards) (England) Regulations 2007 and the Higher Education (Fee Limit Condition) (England) Regulations 2017. They will also continue to be eligible for tuition fee support under the Education (Student Support) Regulations 2011 (and support under other applicable student finance legislation) but that eligibility is limited to courses beginning before 1 January 2028. If starting before that date, as the Committee notes, they will continue to be eligible for both home fee status and for tuition fee support (and support under other applicable student finance legislation).

9.Regulation 4(1) of the Education (Fees and Awards) (England) Regulations 2007 (inserted by regulation 28(a) of S.I. 2021/127) and regulation 4(4) of the Higher Education (Fee Limit Condition) (England) Regulations 2017 (inserted by regulation 59(c)) specify the eligibility categories that entitle a person to home fee status. Regulations 4(1B) and 4(6) respectively specify the new eligibility categories which will cease to apply in relation to courses beginning on or after 1 January 2028.

10.Regulation 4(1B) refers to paragraphs 8A and 9B, as for those cohorts eligibility for home fee status will end in relation to courses starting on or after 1 January 2028 as per the third bullet point in paragraph 7.12 of the Explanatory Memorandum. Similarly, regulation 4(6) of the 2017 Regulations refers to paragraphs 9A and 10B. Including a reference to paragraphs 9E and 10E (as the case may be) would have the effect, contrary to the policy intention, of removing persons in those categories (resident in Gibraltar) from eligibility for home fee status at that point. Accordingly, the drafting is correct.

Department for Education

23 March 2021