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These Regulations further amend the Education (Fees and Awards) Regulations 1997. They reflect the renaming of the Teacher Training Agency to the Training and Development Agency for Schools and the functions conferred on that Agency by Part 3 of the Education Act 2005 (c.18). In regulation 4 these Regulations make changes in relation to England and Wales and they substitute a new regulation 6A in relation to England only. These Regulations also make amendments to the schedule which apply to England and Wales in respect of the charging of fees and to England only as regards discretionary awards.
The 1997 Regulations provided that in specified cases it is lawful to differentiate between the persons mentioned in the Schedule and persons not referred to in that Schedule in respect of the charging of fees and the making of awards. By virtue of section 26 of the Teaching and Higher Education Act 1998 (c. 30) ("the 1998 Act") and section 29 of the Higher Education Act 2004 (c. 8) ("the 2004 Act"), no condition imposed to limit tuition fee amounts under those Acts applies in relation to any fees which are payable by students other than those who fall within the prescribed class of persons who have a specified connection with the United Kingdom under regulations made under section 1 of the Fees and Awards Act 1983. The Schedule as amended sets out the class of persons who have that specified connection with the United Kingdom.
The amendments to the Schedule implement the provisions of Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 (OJ L158, 30.04.2004, p77-123) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member states. So far as the Directive relates to the charging of fees the Schedule implements the provisions in relation to England and Wales. So far as the Directive relates to discretionary awards the Schedule implements the provisions only in relation to England. Certain categories of person who were not formerly entitled to equal treatment with nationals of the United Kingdom in relation to tuition fees and maintenance support will be eligible as a result of the Directive. A copy of the Transposition Note in relation to the implementation of the Directive so far as it relates to these regulations is available from the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT or on the website of the Office of Public Sector Information at www.opsi.gov.uk. A copy has also been placed in the library of each House of Parliament.
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