Higher Education (Student Funding) (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Higher Education (Student Funding) (Scotland) Bill

SP Bill 57

(as introduced)

An Act of the Scottish Parliament to make provision about payments to persons undertaking or who
have undertaken a course of education; to make provision about the fees paid by persons attending
programmes of learning; and for connected purposes.

Student funding and fees

1 Grants, etc. to be paid only in respect of certain courses

In the Education (Scotland) Act 1980, after section 74 (payment of grants to be subject to
conditions) insert—
“74A Payment of grants to be conditional on course progression rate
(1) Except where this section applies, the Scottish Ministers must not make a payment in
connection with a course of education (other than a payment as part of a loan) under—
(a) section 73(f) (allowances or loans for persons undertaking education), or
(b) section 76 (industrial scholarships).
(2) This section applies where the Scottish Ministers are satisfied that the proportion of
persons who have undertaken the course and have—
(a) begun further study in a connected field, or
(b) entered employment in a connected field,
is greater than the average such proportion for every course of education provided
by a fundable post-16 education body.
(3) This section applies where Scottish Ministers are satisfied that the earnings of a
person who has undertaken the course are typically greater than the earnings of the
average person in Scotland.
(4) The Scottish Ministers may require a fundable post-16 education body to provide
them with such information in such form as they may reasonable require for the
purposes of this section.
(5) This section does not affect any further condition which may be imposed by the
Scottish Ministers under or by virtue of another provision of this Act.”
2 Higher Education (Student Funding) (Scotland) Act 2018

2 Treatment of EU and EEA students as other international students

(1) In the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006,
paragraphs 2, 3, 4, 8, and 9 of Schedule 1 are revoked.
(2) In the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007,
paragraphs 2, 3, 4, 8, 9, and 10 of Schedule 1 are revoked.
(3) In the Education (Fees and Awards) (Scotland) Regulations 2007, the following provisions
are revoked—
(a) in Schedule 1, paragraphs 2, 3, 4, 8, 9, 10, and 11,
(b) in Schedule 2, paragraphs 2, 3, 4, 8, and 9,
(c) in Schedule 3, paragraph 3(2) and (4).
(4) In the Students’ Allowances (Scotland) Regulations 2007, paragraphs 2, 3, 4, 8, 9, and 10
of Schedule 1 are revoked.
(5) In the Education (Student Loans) (Scotland) Regulations 2007, paragraphs 2, 3, 4, 8, and
9 of Schedule 1 are revoked.
(6) In the Education (Fees) (Scotland) Regulations 2011, paragraphs 1, 2, and 3 of Schedule
1 are revoked.

3 Increase of fee cap for certain courses

(1) The Student Fees (Specification) (Scotland) Order 2011 is amended as follows.
(2) In article 2 (interpretation), after paragraph (d) insert—
“(e) a “supported course of education” is a course of education in connection with which
the Scottish Ministers may make a payment, other than a payment as part of a loan,
under section 73(f) or 76 of the Education (Scotland) Act 1980 (see section 74A of
that Act).”
(2) In article 3 (specification of fees for a 2012/13 academic year), for paragraph (2) substitute—
“(2) Full time post 2011/12 students who are studying at fundable bodies on a supported
course of education must pay a fee of—
(a) £1,820 in connection with their attending any honours or ordinary degree course;
(b) £1,820 in connection with their attending a Postgraduate Certificate in Education
or Professional Graduate Diploma in Education course;
(c) £1,285 in connection with their attending any higher level course of education
which is not specified in paragraph (a).
(2A) Full time post 2011/12 students who are studying at fundable bodies on a course of
education not specified in paragraph (2) must pay a fee not exceeding £9,000.”

General

4 Commencement
(1) Section 2 comes into force on exit day (within the meaning of the European Union Withdrawal
(Great Repeal) Act 2018).
(2) The other provisions of this Act come into force on the day after Royal Assent.

5 Short title
The short title of this Act is the Higher Education (Student Funding) (Scotland) Act 2018.