Education Citation and commencement 1 This Order may be cited as the Student Fees (Specification) (Scotland) Order 2011 and comes into force on 1st August 2012. Interpretation 2 In this Order— a “the 2006 Order” means the Student Fees (Specification) (Scotland) Order 2006 ; b a “2012/13 academic year” is any academic year commencing during the period beginning on 1st August 2012 and ending on 31st July 2013 and subsequent academic years are to be construed accordingly; c a “higher level course of education” is any course at a higher level, including a honours or ordinary degree course, with the exception of— i a course of post-graduate studies (including a higher degree course); and ii a course at a higher level in preparation for a qualification from a professional body; d a “post 2011/12 student” is a student, who is not a deferred student or a new deferred student within the meaning of article 1(2) of the 2006 Order, who commences a course at a fundable body on or after 1st August 2012. Specification of fees for a 2012/13 academic year 3 1 Subject to paragraph (3), the Scottish Ministers specify the following fees payable for a 2012/13 academic year. 2 Full time post 2011/12 students who are studying at fundable bodies 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 (a). 3 Paragraphs (1) and (2) do not apply in relation to any fees which are payable in accordance with the Education (Fees) (Scotland) Regulations 2011 by students who do not have a relevant connection with Scotland and are not excepted students under those Regulations. Specification of fees for academic years subsequent to a 2012/13 academic year 4 The Scottish Ministers may determine, in relation to any academic year subsequent to a 2012/13 academic year, that the fees payable for that year, by any full time post 2011/12 students in connection with their attending such courses as specified under article 3(2), are— a in each case no higher than the fees specified under article 3(1) and (2); or b in any case higher than the fees specified under article 3(1) and (2), provided that any increase in fees is no greater than is required in order to maintain the value in real terms of those specified fees. Amendment of the Student Fees (Specification) (Scotland) Order 2006 5 1 The 2006 Order is amended as follows. 2 In article 1(2) (citation, commencement and interpretation)— a after sub-paragraph (c) insert— ca an “excluded medical student” is a student, who is not an existing student, a deferred student or a new student to whom articles 2 and 3 apply, who— i has been accepted on to a Bachelor of Medicine and Bachelor of Surgery degree course or a Bachelor of Science degree course in medicine which is a preparatory course for the study of a Bachelor of Medicine and Bachelor of Surgery degree course at a fundable body and has agreed in writing with that fundable body, during the period beginning on 1st August 2005 and ending on 31st July 2011, to defer entry to that course; and ii has a relevant connection with Scotland, or is an excepted student, within the meaning of the Education (Fees) (Scotland) Regulations 2011 ; ; b after sub-paragraph (e) insert— ea a “new deferred student” is a student, who is not an excluded medical student, an existing student or a new student to whom articles 2 and 3 of this Order apply who has been accepted on to a course at a fundable body and has agreed in writing with that fundable body, during the period beginning on 1st August 2005 and ending on 31st July 2011, to defer entry to that course; . 3 After article 1 insert— Application of articles 2 and 3 to new students 1A Articles 2 and 3 do not apply to a new student who is also a post 2011/12 student within the meaning of article 2(d) of the Student Fees (Specification) (Scotland) Order 2011 . . 4 After article 3 insert— Specification of fees for the 2012/13 academic year for new deferred students 4 1 Subject to paragraph (3), the Scottish Ministers specify the following fees payable for a 2012/13 academic year. 2 Full time new deferred students who are studying at fundable bodies must pay a fee of— a £1,820 in connection with their attending any honours or ordinary degree course which is not a medical degree course specified in (b); b £2,895 in connection with their attending a Bachelor of Medicine and Bachelor of Surgery degree course or a Bachelor of Science degree course in medicine which is a preparatory course for the study of a Bachelor of Medicine and Bachelor of Surgery degree course; c £1,820 in connection with their attending a Postgraduate Certificate in Education or Professional Graduate Diploma in Education course; d £1,285 in connection with their attending any higher level course of education which is not specified in (a) or (b). 3 Paragraphs (1) and (2) shall not apply in relation to any fees which are payable in accordance with the Education (Fees and Awards) (Scotland) Regulations 2007 by students who do not have a relevant connection with the United Kingdom and Islands and are not excepted students under those Regulations. Specification of fees for academic years subsequent to the 2012/13 academic year for new deferred students 5 1 The Scottish Ministers may determine, in relation to any academic year subsequent to a 2012/13 academic year, that the fees payable for that year, by full time new deferred students in connection with their attending such courses as specified under article 4(2) are— a in each case no higher than the fees specified under article 4(1) and (2), as the case may be; or b in any case higher than the fees specified under article 4(1) and (2), as the case may be, provided that any increase in fees is no greater than is required in order to maintain the value in real terms of those specified fees. . MICHAEL W RUSSELL A member of the Scottish Executive St Andrew’s House, Edinburgh 21st December 2011