The Lifelong Learning (Fee Limits) Regulations 2026

Published: Tue 28th Jul 26

Introduced a credit-based system for higher education tuition fee limits in England for courses starting from January 2027.

These Regulations establish a credit-based fee limit system for higher education courses in England beginning on or after 1 January 2027.

The document directs the Office for Students to apply fee limit conditions to registered providers in the 'Approved (fee cap)' category and defines the categories of 'qualifying persons'—based on residency and immigration status—protected by these limits.

It specifies maximum credit amounts per year and per course, sets fractional per-credit fee amounts for different activities like taught study or work placements, and incorporates rules for foundation years, accelerated courses, and students transferring with prior credits.

Arguments For

The order states that increases to the higher fee amounts are no greater than required to maintain the value of those amounts in real terms.
The document specifies that the credit-based method provides a consistent framework for determining fee limits across different course types and intensities, including modular study.
Provisions for top-up courses and transfer cases allow the fee limit to be adjusted based on a student’s prior learning or experience, as assessed by the provider.
The inclusion of different fee levels for specific activities, such as lower fee foundation years for certain subjects, is designed to ensure proportionate charging for different types of study.

Arguments Against

Legal scholars may question the complexity of the transition, as the regulations require providers to navigate overlapping subordinate legislation and specific course start dates.
Affected agencies, such as higher education providers, may face administrative burdens in complying with new notification requirements for credit attachment and differentiated activities.
Civil liberties or student advocacy groups might raise concerns regarding the impact of the 180-credit annual cap on students attempting to accelerate their studies beyond certain thresholds.
The distinction between lower and higher fee foundation years based on CAH3 codes may be viewed as creating arbitrary price differences for similar preparatory study programs.

Part 1 Introduction

Citation, commencement, extent and application

These Regulations-
(a) may be cited as the Lifelong Learning (Fee Limits) Regulations 2026,
(b) come into force on 1st September 2026,
(c) extend to England and Wales, and
(d) apply in relation to England.

This section establishes the title and timeline for the regulations.

It specifies that while the rules extend legally to England and Wales, they only apply to higher education in England.

The regulations begin legal force on 1 September 2026.

Amendments to application of other subordinate legislation

-(1) In the Higher Education (Fee Limit Condition) (England) Regulations 2017( 2 ), after regulation 1A insert-

' Courses beginning on or after 1st January 2027

1B. These Regulations do not apply in relation to higher education courses which begin on or after 1st January 2027.'.

(2) In the Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018( 3 ), after regulation 2 insert-

' Courses beginning on or after 1st January 2027

2A. These Regulations do not apply in relation to courses which begin on or after 1st January 2027.'.

(3) In the Higher Education (Fee Limits for Accelerated Courses) (England) Regulations 2019( 4 ), after regulation 2 insert-

' Courses beginning on or after 1st January 2027

2A. These Regulations do not apply in relation to courses which begin on or after 1st January 2027.'.

This regulation amends three existing sets of higher education fee regulations to ensure they do not apply to courses starting on or after 1 January 2027.

This prevents overlapping or conflicting fee limit rules as the new system takes effect.

It clarifies the boundary between the old fee system and the new lifelong learning system.

Part 2 Application of the fee limit condition for lifelong learning

Registered higher education providers that are subject to the fee limit condition

A registered higher education provider that is registered in the 'Approved (fee cap)' part of the register( 9 ) is prescribed( 10 ) for the purposes of section 10(1) of the 2017 Act( 11 ).

This section identifies which higher education providers must comply with the fee limits.

It applies specifically to English providers listed in the 'Approved (fee cap)' category of the official register maintained by the Office for Students.

Such providers are legally required to have a fee limit condition as part of their registration.

Qualifying course

-(1) For the purposes of section 10(6) of the 2017 Act, a 'qualifying course' is a higher education course-

(a) which, for the time being, is designated for the purposes of section 22 of the Teaching and Higher Education Act 1998( 12 ),
(b) which is provided by a provider, and
(c) which begins on or after 1st January 2027.

This provision defines which courses are subject to the new fee limits.

A course must be a higher education course designated for government student support that starts on or after 1 January 2027.

It must also be delivered by a provider who meets the criteria set out in Regulation 4.

Part 3 Fee limits for lifelong learning

Use of the credit-based method for determining the fee limit

For the purposes of paragraph 1(3) of Schedule 2 to the 2017 Act, the credit-based method( 14 ) is to be used for determining the fee limit applicable to a course year of a qualifying course in all cases.

This regulation mandates the use of a credit-based system to calculate tuition fee limits for all qualifying courses.

Unlike previous systems that often relied on annual flat rates, this method ties the maximum fee to the number of learning credits attached to the course year.

This applies to every qualifying course without exception.

Per-year amount

-(1) This regulation makes provision regarding a per-year amount, for use in determining the maximum number of credits and the default number of credits for a course year...

(2) The 'per-year amount' is the limit on the number of credits associated with a course year that a provider can charge for.
(3) The per-year amount is-

(a) for a course year to which credits are attached, 180;
(b) for a course year to which credits are not attached, as shown in the table below-

| Intensity of course year | Per-year amount | |---|---| | accelerated (a) | 180 | | full-time, 15+ weeks | 120 | | part-time, 15+ weeks | 90 | | full-time, < 15 weeks | 60 | | part-time, < 15 weeks | 45 |

This section sets the maximum number of credits for which a provider may charge in a single academic year.

For credit-attached courses, the annual limit is 180 credits.

For courses without attached credits, the limit varies from 45 to 180 credits depending on the length and intensity of the study period.

Per-credit limits

-(1) This regulation makes provision regarding per-credit limits... (4) The higher amounts are-

(a) for course years starting before 1st August 2027-
(i) for normal taught study or higher fee foundation year study, £9,790 / 120 credits;
(ii) for lower fee foundation year study, £5,760 / 120 credits;
(iii) for sandwich placement, £1,955 / 120 credits;
(iv) for study abroad or Turing mobility, £1,465 / 120 credits;
(b) for course years starting on or after 1st August 2027-
(i) for normal taught study or higher fee foundation year study, £10,050 / 120 credits;
(ii) for lower fee foundation year study, £5,760 / 120 credits;
(iii) for sandwich placement, £2,010 / 120 credits;
(iv) for study abroad or Turing mobility, £1,505 / 120 credits.

This regulation establishes the maximum monetary value allowed per credit, expressed as a fraction of a 120-credit academic year.

It sets different rates for various activities, such as work placements or study abroad, and increases most rates for course years starting on or after 1 August 2027.

For example, the higher amount for standard taught study rises from a rate based on £9,790 to one based on £10,050 per 120 credits.

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