Commentary on Sections Part 2: Registration and Regulation of Tertiary Education Providers Registration conditions Section 32: Mandatory ongoing registration condition on fee limits
109.This section requires the Commission to ensure that each provider registered in a category specified by the Welsh Ministers in regulations is subject to a fee limit condition. A fee limit condition requires the provider to have an approved fee limit statement and to ensure that regulated course fees do not exceed the applicable fee limit. More information on the fee limit statement is outlined in sections 46 to 48.
110.A “qualifying course” is a course described in regulations made by the Welsh Ministers, subject to the conditions set out in subsection (5). “Regulated course fees” are fees payable by a qualifying person to a provider in order to undertake a qualifying course (subsections (6) and (7)). Subsection (8) provides that a “qualifying person” is a person described in regulations made by the Welsh Ministers who is not an international student within the meaning of subsection (9).
111.Subsection (10) also allows the Welsh Ministers to make regulations specifying when fees paid for a course at an external provider (i.e. on behalf of a registered provider) are to be treated as regulated course fees and therefore subject to a fee limit.