Section 31 — Content of a plan: fees

(1) An access and participation plan relating to an institution must, in relation to each qualifying course in connection with which fees are to be payable to the institution by qualifying persons and in respect of each relevant academic year, specify or provide for the determination of a limit which those fees are not permitted to exceed.

(1A) [F1 “The required per-credit limit or limits” means—]

(a) [F1 if the course year is to include credit-differentiated activity (see paragraph 1B(3) of Schedule 2), a per-credit limit for each such activity;]

(b) [F1 otherwise, a per-credit limit.]

(2) The [F2 Each] limit must not exceed—

(a) the higher amount, if the institution has a high level quality rating at the time the plan is approved, or

(b) in any other case, the sub-level amount.

(2A) [F3 A course year of a qualifying course is a “relevant course year” if—]

(a) [F3 it begins when the plan comes into force or while it is in force, and]

(b) [F3 fees are payable to the institution in respect of so much of the course as is undertaken during the course year.]

(2B) [F3 The references in subsection (1) to methods of determining the fee limit are to be read in accordance with paragraph 1 of Schedule 2.]

(3) In this section—“the sub-level amount” means the amount determined from time to time under paragraph 2 of Schedule 2 as the sub-level amount; “high level quality rating” has the same meaning as in that paragraph; “the higher amount” means the amount from time to time prescribed as the higher amount under that paragraph; “qualifying course” and “qualifying person” have the same meaning as in section 10; “relevant academic year”, in relation to a qualifying course, is an academic year— (a) which is applicable to the course, (b) in respect of which fees are payable to the institution, and (c) which begins when the plan comes into force or while it is in force. [F4 “course year”, in relation to a qualifying course, has the meaning given (in relation to that course) by section 10(7B).]

Amendment notes

1. F1 S. 31(1)(1A) substituted for s. 31(1) (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(4)(a), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)
2. F2 Word in s. 31(2) substituted (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(4)(b), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)
3. F3 S. 31(2A)(2B) inserted (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(4)(c), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)
4. F4 Words in s. 31(3) substituted (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(4)(d), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)