Education (Fees and Awards) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/3042 |
| Year | 1994 |
1994 No. 3042
EDUCATION, ENGLAND AND WALES
The Education (Fees and Awards) Regulations 1994
Made 30th November 1994
Laid before Parliament 1st December 1994
Coming into force 1st January 1995
The Secretary of State for Education, in exercise of the powers conferred on the Secretary of State by sections 1 and 2 of the Education (Fees and Awards) Act 19831, hereby makes the following Regulations:
PART I
GENERAL
Citation, operation and extent
1.—(1) These Regulations may be cited as the Education (Fees and Awards) Regulations 1994 and shall come into force on 1st January 1995.
(2) These Regulations do not extend to Scotland.
Interpretation
2.—(1) In these Regulations—
“award” means a fees award or a maintenance award or both as the context may require;
“education” includes post-graduate research otherwise than in the course of employment;
“education authority” means a local education authority;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“European Economic Area” means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time and, subject to the conditions laid down in the EEA Agreement, by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;
“fees” includes charges however described;
“fees award” means an award in respect only of any fees payable by the student other than any element of those fees representing or attributable to charges for his maintenance;
“the Islands” means the Channel Islands and the Isle of Man;
“maintenance award” means any award other than a fees award;
“national of a member State of the European Community” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community (including the United Kingdom) as constituted from time to time;
“parent”, in relation to a student, includes a guardian and any other person having actual custody of the student during his minority;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 19512as extended by the Protocol hereto which entered into force on 4th October 19673and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
(2) In these Regulations a reference to a person’s son or daughter includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the person concerned is the mother or in whose case he has admitted paternity or been adjudged the putative father.
(3) For the purposes of these Regulations an area which—
(a)
(a) was not part of the area comprised by the member States of the European Community or by the European Economic Area, but
(b)
(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
(4) Notwithstanding section 11 of the Interpretation Act 19784section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purpose of the interpretation of these Regulations.
(5) In these regulations, unless the context otherwise requires, a reference to a regulation, Part or Schedule is a reference to a regulation or Part of these Regulations or to a Schedule thereto, a reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Lawful acts
3.—(1) Nothing in Part II shall be construed as rendering unlawful any discrimination arising from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise) if it would have been lawful had these Regulations not been made.
(2) Nothing in Part III, IV or V shall be construed as rendering unlawful any discrimination arising from any rule of eligibility for an award if it would have been lawful had these Regulations not been made.
PART II
FEES FOR TUITION ETC.
Scope of Part II
4.—(1) This Part shall have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course provided by—
(a)
(a) a university, or other institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 19925), or
(b)
(b) an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992), or
(c)
(c) a maintained institution,
and any reference in this Part to a student shall be construed accordingly.
(2) This Part shall also have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course of teacher training provided by an eligible institution.
(3) In this Regulation—
“eligible institution” means an institution eligible for funding under Part I of the Education Act 19946, other than an institution referred to in paragraph (1);
“full-time course” means a course normally involving not less than 15 hours attendance a week in term-time for the organised day-time study of a single subject or related subjects;
“maintained institution” means an institution maintained by an education authority;
“sandwich course” means a course consisting of alternate periods of full-time study in an establishment and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year (the course being treated for the purpose of calculating attendance as beginning with the first period of full-time study and ending with the last such period) and, for the purposes hereof “periods of experience” means periods of industrial, professional or commercial experience associated with full-time study at the establishment but at a place outside the establishment except that, in the case of a student studying modern languages whose course includes periods of residence in a country whose language is the main language of that course, it means such periods of residence for which he is in gainful employment;
“university” includes a university college and a constituent college, school, or hall of a university.
Relevant fees
5.—(1) For the purposes of this Part “relevant fees” means the aggregate of—
(a)
(a) any fees for admission, registration or matriculation (including matriculation exemption),
(b)
(b) any sessional or tuition fees,
(c)
(c) any composition fee, and
(d)
(d) any graduation fee,
in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (2).
(2) The fees referred to in paragraph (1) are—
(a)
(a) college fees or dues at the University of Cambridge, Durham, Kent, Lancaster, Oxford or York;
(b)
(b) any fees charged by an external body in respect of examinations or validation of a course or otherwise charged by such body whose requirements must (for the purposes of a course) be met;
(c)
(c) charges for board and lodging.
Relevant connection with the United Kingdom and Islands
6. For the purposes of this Part a student has a relevant connection with the United Kingdom and Islands if—
(a) he has been ordinarily resident therein throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of the student’s course, and
(b) he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.
Charging of higher relevant fees
7. Subject to Schedule 1, it shall be lawful to charge higher relevant fees in the case of students who have not a relevant connection with the United Kingdom and Islands than in the case of students having such a connection.
PART III
AWARDS UNDER SECTION 1(6) OR 2 OF THE EDUCATION ACT 1962
Scope of Part III
8. This Part shall have effect as respects the adoption by an education authority of rules of eligibility for awards under section 1(6) or 2 of the Education Act 19627, and any reference in this Part to an award or a candidate for an award shall be construed accordingly.
Relevant connection with the United Kingdom and Islands
9. For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom and Islands if—
(a) he has been, or satisfies the education authority that he will have been, ordinarily resident therein throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of his intended course, and
(b) he has not...
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