Westminster Policy News & Legislative Analysis

Welsh higher education fee caps set at £9,790 from 1 March 2026

Welsh Ministers have made the Higher Education (Fee Limits) (Wales) Regulations 2026, establishing the statutory maxima that registered providers may charge for qualifying higher education courses. The instrument was made on 25 February 2026 and comes into force on 1 March 2026 following Senedd approval under the Tertiary Education and Research (Wales) Act 2022.

Regulation 2 sets a standard maximum fee of £9,790 per academic year for the purposes of section 46(6) of the 2022 Act. Providers in the fee limit category must ensure that their Commission for Tertiary Education and Research (CTER)‑approved fee limit statements do not exceed this amount for any qualifying course and year specified.

Lower caps apply in defined cases. For a final academic year that normally requires less than 15 weeks’ attendance, or for an academic year of an initial teacher training course in which periods of full‑time study total fewer than 10 weeks, the maximum fee is £4,895. “Initial training of teachers” covers programmes preparing individuals who are not yet teachers to enter the profession.

Sandwich course years are treated separately. Where, in an academic year of a sandwich course, periods of full‑time study are under 10 weeks in total, or where across that year and any previous academic years the aggregate of attendance that is not full‑time exceeds 30 weeks, the applicable maximum is £1,955. “Sandwich course” takes its meaning from the Education (Student Support) (Wales) Regulations 2018.

Courses delivered in conjunction with an overseas institution are subject to a £1,465 cap in comparable circumstances. The reduced limit applies if, in the relevant academic year, full‑time study in the United Kingdom totals fewer than 10 weeks, or if non‑full‑time attendance exceeds 30 weeks when aggregated with earlier years. An “overseas institution” excludes the UK and the Crown Dependencies.

To close off avoidance via outsourcing, Regulation 6 provides that where a person delivers a qualifying course, or part of one, on behalf of a registered provider, any fees paid to that person are treated as paid to the registered provider for the purposes of sections 32(7) and 46 of the 2022 Act. In effect, third‑party delivery is fully captured by the statutory caps.

The framework operates through CTER’s registration and fee limit conditions under section 32. A “registered provider” is one entered on CTER’s statutory register under section 25, and providers within the fee limit category must secure approval of a fee limit statement under section 47. Course fees payable by a “qualifying person” undertaking a “qualifying course” must not exceed the maxima set in these Regulations and reflected in the approved statement.

For governing bodies, finance leads and registry teams, the immediate task is to map provision against the four caps and confirm which academic years meet the reduced‑fee triggers. Final‑year structures with fewer than 15 weeks’ attendance, placement‑heavy sandwich years and overseas‑partnered delivery models require specific checks and, where necessary, adjustments to published fees, offer letters and student communications.

Partnerships and subcontracting arrangements should be reviewed to reflect Regulation 6. Agreements with placement hosts, school‑based initial teacher training partners and overseas institutions should make explicit that student charges fall within the provider’s fee limit statement and the statutory maxima, irrespective of which party invoices the student.

The Regulations were signed by the Minister for Further and Higher Education, Vikki Howells, acting under authority of the Cabinet Secretary for Education. The Welsh Government considered the Regulatory Impact Assessment duty but did not conduct one for this instrument. Oversight will sit with CTER through the registration fee limit condition and approval of fee limit statements.