Lifelong Learning (Higher Education Fee Limits) Act 2023

s.1

New method for determining fee limit

s.1(1)

The Higher Education and Research Act 2017 is amended as follows.

s.1(2)

In section 10 (fee limit condition)—

s.1(2)(a)

in subsection (3), for paragraph (b) substitute—

s.1(2)(b)

before subsection (8) insert—

s.1(3)

The remaining subsections amend Schedule 2 (fee limit for purposes of fee limit condition).

s.1(4)

For paragraph 1 substitute—

s.1(5)

In the italic heading before paragraph 2, for “The fee limit” substitute “Limits”.

s.1(6)

In paragraph 2 (fee limit with access and participation plan)—

s.1(6)(a)

in sub-paragraph (1), for “relevant academic” substitute “course”;

s.1(6)(b)

in sub-paragraph (2), in paragraphs (a) and (b)—

s.1(6)(b)(i)

for “fee” substitute “relevant”;

s.1(6)(b)(ii)

omit “for the relevant course and for the relevant academic year”.

s.1(7)

In the italic heading before paragraph 3, for “The fee limit” substitute “Limits”.

s.1(8)

In paragraph 3 (fee limit without access and participation plan)—

s.1(8)(a)

in sub-paragraph (1), for “relevant academic” substitute “course”;

s.1(8)(b)

in sub-paragraph (2), in paragraphs (a) and (b), for “fee” substitute “relevant”;

s.1(8)(c)

in sub-paragraph (3), for “relevant academic” substitute “course”.

s.2

Related amendments

s.2(1)

The Higher Education and Research Act 2017 is amended as follows.

s.2(2)

In section 10 (fee limit condition)—

s.2(2)(a)

after subsection (3) insert—

s.2(2)(b)

after subsection (6) insert—

s.2(2)(c)

after subsection (7) insert—

s.2(3)

In section 11 (published list of fee limits)—

s.2(3)(a)

in subsection (1), omit paragraph (b) (and the “and” immediately before it);

s.2(3)(b)

after subsection (1) insert—

s.2(3)(c)

for subsection (2) substitute—

s.2(4)

In section 31 (provision about fees in access and participation plan)—

s.2(4)(a)

for subsection (1) substitute—

s.2(4)(b)

in subsection (2), for “The” substitute “Each”;

s.2(4)(c)

after subsection (2) insert—

s.2(4)(d)

in subsection (3), for the definition of “relevant academic year” substitute—

s.2(4)(e)

after subsection (3) insert—

s.2(5)

In section 85(1) (definitions), at the appropriate place insert—

s.2(6)

In section 119(2) (regulations subject to affirmative procedure), after paragraph (h) insert—

s.2(7)

In paragraph 5 of Schedule 2 (procedure for setting amounts for purposes of fee limit), after sub-paragraph (3) insert—

s.3

Extent, commencement and short title

s.3(1)

This Act extends to England and Wales.

s.3(2)

Sections 1 and 2 come into force on such day as the Secretary of State may appoint by regulations.

s.3(3)

Different days may be appointed for different purposes.

s.3(4)

This section comes into force on the day on which this Act is passed.

s.3(5)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of section 1 or 2.

s.3(6)

Regulations under this section are to be made by statutory instrument.

s.3(7)

This Act may be cited as the Lifelong Learning (Higher Education Fee Limits) Act 2023.