The Higher Education (Registration Fees) (England) Regulations 2019

Document Number:2019 No. 543
Coming into force:Coming into force on the 06/04/2019
 
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Statutory Instruments

Education, England

Made

11 th March 2019

Laid before Parliament

12 th March 2019

Coming into force

6 th April 2019

The Secretary of State, with the consent of the Treasury, makes the following Regulations in exercise of the powers conferred by sections 70 and 119(5) of the Higher Education and Research Act 2017(1):

Citation, commencement and interpretation

  1. —(1) These Regulations may be cited as the Higher Education (Registration Fees) (England) Regulations 2019 and come into force on 6 th April 2019.

    (2) In these Regulations—

    “the Act” means the Higher Education and Research Act 2017;

    “date of entry in the register” means the date on which the OfS(2) registers an institution in the register(3) in accordance with section 3(3) of the Act;

    “initial fee” means a fee for the initial registration of an institution under section 70(1)(a) of the Act;

    “initial registration year” means the period of 12 months beginning with 1 st August and ending with 31 st July in which an institution’s date of entry in the register falls;

    “number of full time equivalent students” means the number included in the most recent list published by the OfS under regulation 3(3);

    “ongoing fee” means a fee for the ongoing registration of an institution for each ongoing registration year under section 70(1)(b) of the Act;

    “ongoing registration year” means a period of 12 months beginning with 1 st August and ending with 31 st July, other than its initial registration year, in which an institution is a registered higher education provider(4) on 1 st August.

    Initial fees

  2. —(1) Where an institution’s date of entry in the register is before 1 st August 2019 , no initial fee is payable.

    (2) Where an institution’s date of entry in the register is on or after 1 st August 2019 , subject to regulation 4 , an initial fee is payable.

    (3) Subject to regulations 5 and 6 , the initial fee payable is—

    Where—

    OF is the ongoing fee which would be payable by the institution in accordance with regulation 3 if that institution’s initial registration year was to be treated as an ongoing registration year; and

    M is the number of complete months within the period beginning with the institution’s date of entry in the register and ending with 31 st July in its initial registration year.

    (4) Subject to regulation 10(2) , an initial fee is to be paid by an institution within the payment period specified in accordance with regulation 9(2)(b)(i) in a notice given to it under regulation 9(1).

    Ongoing fees

  3. —(1) Subject to regulation 4 , an ongoing fee is payable by an institution for each ongoing registration year.

    (2) Subject to regulations 5 and 7 , the ongoing fee payable is the amount in column 3 of the table in the Schedule which corresponds to the number of full time equivalent students for that institution as specified in column 2.

    (3) For the purpose of ascertaining the ongoing fee payable in accordance with paragraph (2) , the OfS must—

    (a) determine the number of full time equivalent students for each registered higher education provider;

    (b) make that determination in accordance with the principles set out in the ‘Calculating student numbers’ consultation response published by the OfS on 24 th October 2018(5);

    (c) publish, on or before 1 st July in each calendar year, a list of all its current determinations made in accordance with sub-paragraphs (a) and (b); and

    (d) whenever an institution is registered in the register after the date when the first list is published under sub-paragraph (c)—

    (i) revise the most recent list published under sub-paragraph (c) by adding its determination for that institution; and

    (ii) publish the revised list within the period of 30 days beginning with that institution’s date of entry in the register.

    (4) Subject to regulation 10(2) , an ongoing fee is to be paid by an institution no later than the later of—

    (a)1 st August in the ongoing registration year to which it relates; or

    (b) the last day of the payment period specified in accordance with regulation 9(2)(b)(ii) in a notice given to it under regulation 9(1).

    Exemption for micro-entities

  4. —(1) Where this regulation applies to an institution in relation to—

    (a) its initial registration, no initial fee is payable by that institution;

    (b) an ongoing registration year, no ongoing fee is payable by that institution for that ongoing registration year.

    (2) This regulation applies to an institution in relation to its initial registration or in relation to an ongoing registration year if, at the time when an initial fee or ongoing fee (as the case may be) is determined—

    (a) its number of full time equivalent students is 300 or less; and

    (b) the OfS is satisfied that either—

    (i) the institution was a micro-entity in the most recent financial year for which audited accounts are available; or

    (ii) if audited accounts are not available, the institution is likely to be, or to have been, a micro-entity in the first...

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