The Student Fees (Qualifying Courses and Persons) Regulations 2006

© Crown Copyright 2006

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Student Fees (Qualifying Courses and Persons) Regulations 2006, ISBN 0110741102. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"qualified teacher" has the meaning given in section 132(1) of the Education Act 2002[2];

"Schedule 1" means Schedule 1 of the Student Support Regulations;

"single course" means a course mentioned in Regulation 5(5) of the Student Support Regulations; and

"the Student Support Regulations" means the Education (Student Support) Regulations 2006[3].

Revocation
     3. The Education (Fees at Higher Education Institutions) Regulations 1999[4] are revoked to the extent that they have not already been revoked.

Prescribed description of a qualifying course
     4. —(1) The description of a qualifying course which is prescribed for the purposes of section 24 of the Act is a course which subject to paragraph (3) is a designated course within the meaning of regulation 2(1) of the Student Support Regulations on the first day of an academic year which begins during the grant period and is provided by an institution in England.

    (2) For the purposes of paragraph (1) the reference to an institution in England means an institution whose activities are carried on in England.

    (3) A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the institution providing it was not publicly funded.

Prescribed description of a qualifying person
     5. —(1) The description of a qualifying person which is prescribed for the purposes of section 24 of the Act is a person who on the first day of an academic year which begins during the grant period falls within the class of persons who subject to paragraph (7) are specified in Part 2 of Schedule 1 other than—

(a) persons who are not eligible for support under the Student Support Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those regulations, or

(b) a person mentioned in paragraph (2) or (5).

    (2) Subject to the exception in paragraphs (3) and (4), a person is not a qualifying person if he has an honours degree from an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the person took the course leading to the award of the honours degree.

    (3) Paragraph (2) does not apply where—

(a) the qualifying course is a course for the initial training of teachers;

(b) the duration of the course does not exceed two years (the duration of a part time course being expressed as its full-time equivalent); and

(c) the qualifying person is not a qualified teacher.

    (4) Paragraph (2) does not apply in respect of any part of a single course where—

(a) the qualifying course is a single course;

(b) the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and

(c) the qualifying person only has an honours degree which was received as part of the single course referred to in sub-paragraph (a).

    (5) Where one of the events mentioned in paragraph (6) occurs in the course of an academic year and as a result a person falls within the class of persons mentioned in Part 2 of Schedule 1 he is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.

    (6) The events are —

(a) an area which was not part of the European Community or the European Economic Area has become part of one or both of these areas;

(b) the person acquires the right of permanent residence as defined in Part 1 of Schedule 1; or

(c) the person becomes the child of a Swiss national.

    (7) For the purposes of this regulation—

(a) where a person is mentioned in paragraph 5(a) of Schedule 1 they are not required to meet the residence requirement in paragraph 5(c) of that Schedule;

(b) in paragraph 9(1) of Schedule 1 the requirement that an EC national or a family member of such a national has that status on the first day of the first academic year of the course does not apply to sub-paragraph (1)(a); and

(c) paragraph 9(1)(b)(ii) of Schedule 1 does not apply.

Transitional Cases
     6. —(1) Where a qualifying person, disregarding any intervening vacation, begins an end-on course within the meaning of regulation 2(1) of the Student Support Regulations immediately after a qualifying course ("the relevant course") in a case where paragraph (3) or (4) applies, the end-on course shall be treated as if the offer for it had been received on the same date as the offer for the relevant course.

    (2) In a case where paragraph (3) or (4) applies, where a qualifying person undertakes a qualifying course ("the relevant course") which is a single course, an offer received for any part of the relevant course shall be treated as if it had been received on the same date as the offer for the first part of the relevant course.

    (3) This paragraph applies where —

(a) the qualifying person had on or before 1 August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the relevant course, or a similar course, and

(b) the first academic year of the relevant course begins before 1 September 2007.

    (4) This paragraph applies where —

(a) the qualifying person had received an offer of a place on a qualifying course (whether or not at the same institution as the relevant course) the first academic year of which begins before 1^st September 2006,

(b) he was unable to take up the offer because a specified qualification or grade was not awarded to him,

(c) he appealed against the decision not to award him the qualification or grade,

(d) the appeal was allowed after the last date on which he could have taken up the offer,

(e) as a result he was offered a place on the relevant course, and

(f) the first academic year of the relevant course begins after 31 August 2006 but before 1 September 2007.

    (5) For the purpose of paragraph 3(a) a course ("the original course") is similar to the relevant course if—

(a) it appears to the governing body of the institution providing the relevant course that the subject matter of the course is in whole or in part the same as the subject matter of the original course, and

(b) except where the original course is no longer being provided, the relevant course is provided by the institution which was to have provided the original course.

Bill Rammell
Minister of State Department for Education and Skills

26th February 2006

[2] 2002; c.32.back

[3] S.I. 2006/119back

[4] S.I 1999/603; they were revoked in relation to Wales by S.I. 2005/1860back