Higher Education and Research Act 2017 - fee limit

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Dear Department for Education,

What is the purpose of paragraph 5(2)(a) of Schedule 2 to the Higher Education and Research Act 2017?

http://www.legislation.gov.uk/ukpga/2017...

This paragraph simply re-enacts a provision previously found in Section 26 of the Higher Education Act 2004:

http://www.legislation.gov.uk/ukpga/2004...

which has been repealed by the Higher Education and Research Act 2017.

However, given that section 119(2)(i) (regulations that may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament) provides that:

“regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing the higher amount, basic amount or floor amount), except regulations to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms)”

http://www.legislation.gov.uk/ukpga/2017...

it appears that the Secretary of State can no longer simply make regulations increasing the higher amount if he/she is satisfied that the increase is no greater than is required to maintain the value of the amount in real terms, but rather each House of Parliament has to pass a resolution. There appears to be no good reason for repeating this requirement of operation of the affirmative procedure when prescribing a higher amount that is increased in more than real terms in a separate paragraph 5(2)(b) (to Schedule 2) when it would otherwise have been covered by section 119(2)(i), which also appears to render paragraph 5(2)(a) (to Schedule 2) a pointless provision as it can no longer be used because of section 119(2)(i).

1. Is there a reason for paragraph 5(2) to Schedule 2 given the inclusion of section 119(2)(i)?

2. Is there any final explanatory notes for the Higher Education and Research Act 2017?

3. Under section 26 of the Higher Education Act 2004, a draft of the regulations to increase either the higher or basic amount must be laid before, and approved by a resolution of, each House of Parliament unless the increase is no greater than is required to maintain the value of the amount in real terms.

http://www.legislation.gov.uk/ukpga/2004...

Regulations were made in December 2016 to increase the basic and higher amounts, but only for “eligible institutions” defined in the regulations.

http://www.legislation.gov.uk/uksi/2016/...
http://www.legislation.gov.uk/uksi/2016/...

The Higher Education and Research Act 2017 repeals section 26 of the Higher Education Act 2004. In the absence of any further regulations under section 117 of the Higher Education and Research Act 2017

http://www.legislation.gov.uk/ukpga/2017...

have the above regulations which raised the higher amount to £9,250 and the basic amount to £6,165 for eligible institutions now lapsed (i.e. effectively been revoked) because of the repeal of the primary legislation they were made under, or have they been saved under section 17(2)(b) of the Interpretation Act 1978, which contains a general saving for instruments made under provisions which are repealed but re-enacted?

http://www.legislation.gov.uk/ukpga/1978...

Yours faithfully,

Brian Harrison

MINISTERS, Department for Education

Dear Mr Harrison

Thank you for your recent enquiry. A reply will be sent to you as soon as possible. For information; the departmental standard for correspondence received is that responses should be sent within 20 working days as you are requesting information under the Freedom of Information Act 2000. Your correspondence has been allocated reference number 2017-0027074.

Thank you

Department for Education
Ministerial and Public Communications Division
Tel: 0370 000 2288

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ACCOUNT, Unmonitored, Department for Education

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Dear Brian Harrison 

 

"Thank you for your request for information, which was received on
12/05/2017 00:00 .

 

Please find attached our response to your request. 

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References

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Dear Department for Education,

Further to my FOI request of 12 May 2017 regarding the fee limit legislation (https://www.whatdotheyknow.com/request/h... ) please clarify whether there is any time limit on making regulations to commence the fee limit provisions in the Higher Education and Research Act 2017, or could the bringing into force of the repeal of section 26 of the Higher Education Act 2004 (and therefore temporarily continuing with legislation that allows inflationary fee limit increases to be subject to the negative, rather than affirmative procedure) be delayed until for example 2020 when differentiation of fee limits and therefore the setting of "sub-level amounts" would be necessary under the Higher Education and Research Act 2017?

Is it the Government's intention to make the next regulations increasing the fee limits by inflation for academic year 2018/19 under section 26 of the Higher Education Act 2004, or bringing into force the new provisions in the Higher Education and Research Act 2017 and making the regulations under this Act (subject to Parliamentary approval which would be tricky in the current composition of Parliament)?

Please treat this as a fresh FOI request.

Yours faithfully,

Brian Harrison

MINISTERS, Department for Education

Dear Mr Harrison

Thank you for your recent enquiry. A reply will be sent to you as soon as possible. For information; the departmental standard for correspondence received is that responses should be sent within 20 working days as you are requesting information under the Freedom of Information Act 2000. Your correspondence has been allocated reference number 2017-0030574.

Thank you

Department for Education
Ministerial and Public Communications Division
Tel: 0370 000 2288

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ACCOUNT, Unmonitored, Department for Education

Dear Mr Harrison 

Thank you for your email of 12 June, about the regulations to commence the
fee limit provisions in the Higher Education and Research Act 2017.

The Higher Education and Research Act 2017 contains a number of provisions
that are brought into force by regulations made by the Secretary of State.
These include the 'fee limit' provisions to which you refer. The Act does
not set a time limit for bringing these provisions into force. The
Secretary of State will keep the commencement of these provisions under
review.

Thank you for contacting the Department for Education regarding this
issue.

Your correspondence has been allocated reference number 2017-0030574. If
you need to respond to us, please visit:
[1]https://www.education.gov.uk/contactus and quote your reference number.

As part of our commitment to improving the service we provide to our
customers, we are interested in hearing your views and would welcome your
comments via our website at: [2]http://www.smartsurvey.co.uk/s/YBK1O/

Yours sincerely

D Deakin 

Ministerial and Public Communications Division

Web: [3]https://www.education.gov.uk
Twitter: [4]https://www.twitter.com/educationgovuk
Facebook: [5]https://www.facebook.com/educationgovuk

 

References

Visible links
1. https://www.education.gov.uk/contactus
2. http://www.smartsurvey.co.uk/s/YBK1O/
3. https://www.education.gov.uk/
4. https://www.twitter.com/educationgovuk
5. https://www.facebook.com/educationgovuk

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