Statutory Instrument 1993 No. 525 (S.62)

The Education (Fees and Awards) (Scotland) Amendment Regulations 1993

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1993 No. 525 (S.62)

EDUCATION, SCOTLAND

The Education (Fees and Awards) (Scotland) Amendment Regulations 1993

The Secretary of State, in exercise of powers conferred on him by section 1 of the Education (Fees and Awards) Act 1983^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education (Fees and Awards) (Scotland) Amendment Regulations 1993 and shall come into force on 1st April 1993.

Amendment to the principal regulations
    2.    In regulation 4(1) of the Education (Fees and Awards) (Scotland) Regulations 1983^[2] for the words "a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992" there shall be substituted the words "an institution within the higher education sector as defined in section 56(2) of the Further and Higher Education (Scotland) Act 1992"^[3].

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

8th March 1993

These Regulations amend Part II of the Education (Fees and Awards) (Scotland) Regulations 1983 so that it applies to all the higher education institutions in Scotland funded by the Scottish Higher Education Funding Council, both designated institutions and universities. Previously it applied to designated institutions but not universities. Part II also applies to further education establishments in Scotland and its application to them is unchanged.

Part II enables the institutions to which it applies to charge higher fees for certain matters to students who have not a relevant residential connection with the United Kingdom, Channel Islands or Isle of Man and who do not fall within certain excepted categories.

Similar provision was made for universities throughout the United Kingdom by the Education (Fees and Awards) Regulations 1983 which otherwise applied only to institutions in England and Wales. Those Regulations, however, have now been disapplied to universities in Scotland, having regard to the establishment of separate funding councils for higher education in England, Wales and Scotland, which start to operate on 1st April 1993.

The present Regulations are therefore made to preserve the right of universities in Scotland to charge higher fees. They make no change of substance to that right.

[1] 1983 c. 40; section 1 was amended by paragraph 91 of Schedule 12 to the Education Reform Act 1988 (c. 40) and by paragraph 8 of Schedule 9 to the Further and Higher Education (Scotland) Act 1992 (c. 37). back

[2] S.I. 1983/1215 amended by S.I. 1984/1361, 1985/1223, 1987/1383, 1991/834 and 1992/1025 and 1597. back

[3] 1992 c. 37. back