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STATUTORY INSTRUMENTS


2005 No. 1860 (W.152)

EDUCATION, WALES

The Fees in Higher Education Institutions (Wales) Regulations 2005

  Made 7 July 2005 
  Coming into force 8 July 2005 

The National Assembly for Wales, in exercise of the powers in section 26(4) of the Teaching and Higher Education Act 1998[1], makes the following Regulations:

Title, application and commencement
     1. —(1) The title of these Regulations is the Fees in Higher Education Institutions (Wales) Regulations 2005 and they come into force on 8 July 2005.

    (2) These Regulations apply in relation to Wales.

Interpretation
    
2. In these Regulations —

Prescribed class of persons
     3. The class of persons prescribed for the purpose of section 26(4) of the Act is the class comprising those persons who are specified in Schedule 2 to the Student Support Regulations other than —

Prescribed description of courses
    
4. —(1) The description of courses which are prescribed for the purposes of section 26(4) of the 1998 Act are courses which are designated courses within the meaning of the Student Support Regulations and provided by an institution in Wales.

    (2) For the purposes of paragraph (1) the reference to an institution in Wales is construed in accordance with section 62(7) of the Further and Higher Education Act 1992[
3].

Prescribed amount
     5. —(1) In relation to an academic year that begins on or after 1 September 2006, the prescribed amount for the purposes of section 26(4) is,

Revocation
    
6. The Education (Fees at Higher Education Institutions) Regulations 1999[4] are revoked in relation to Wales.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]


D. Elis-Thomas
The Presiding Officer of the National Assembly

7 July 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prescribe the fee amounts that may be charged for courses at higher education institutions where the Higher Education Funding Council for Wales imposes a condition on the funding of such institutions in accordance with section 26(4) of the Teaching and Higher Education Act 1998. They also prescribe the class of persons and the description of courses in respect of which a condition under section 26(4) of the 1998 Act applies.


Notes:

[1] c. 30. The powers of the Secretary of State in section 26(4) were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Section 26(5) of the Act which defines the "prescribed amount" as an amount equal to the maximum amount of grant prescribed under section 22(2)(b) of the Act was repealed with effect from 7 July 2005 by virtue of the Higher Education Act 2004 (Commencement No.2 and Transitional Provision)(Wales) Order 2005.back

[2] S.I. 2005/52.back

[3] c. 13back

[4] S.I. 1999/603.back

[5] c.38.back



Cymraeg (Welsh)



ISBN 0 11 091181 4


 © Crown copyright 2005

Prepared 25 July 2005


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URL: http://www.bailii.org/wales/legis/num_reg/2005/20051860e.html