Citation, commencement and application

1.-(1) These Regulations may be cited as the Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011 and come into force on 1st September 2011.

(2) These Regulations apply in relation to England.

(3) The amendments made by regulation 2 do not apply in relation to a person where the first day of the first academic year of that person's course is before 1st September 2011.

Amendment to the Education (Fees and Awards) (England) Regulations 2007

2. Paragraph 9 of Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007(2) is amended as follows-

(a)in sub-paragraph (1)(c), before "has been ordinarily resident", insert "subject to sub-paragraph (1A),";

(b)after sub-paragraph (1), insert-

"(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EC national where that EC national-

(a)is-

(i)a United Kingdom national who has exercised a right to reside on the territory of another Member State under article 7(1) of Directive 2004/38; or

(ii)not a United Kingdom national;

and

(b)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007 (S.I. 2007/779), as amended ("the Fees Regulations").

Schedule 1 to the Fees Regulations lists categories of people who are entitled to be charged tuition fees on the same basis as home students. Regulation 2 amends paragraph 9 of Schedule 1 to remove the requirement for non-EU family members of EU nationals to have been ordinarily resident in the EEA for the 3 years immediately preceding the start of their course. The effect of the amendment is that these family members will qualify for home fee status if the EU national from whom they derive their right of residence satisfies two conditions; that is, that the person is either not a UK national, or is a UK national who has exercised an EU law right of free movement, and that the person has been ordinarily resident in the EEA for the 3 years immediately preceding the first day of the first academic year of their family member's course.

These changes only apply to students whose courses start on or after 1st September 2011 and will not apply to existing students.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the public sector. The impact on the public sector is minimal.