Order, Order.

We move now to a Stage 2 Vote on amendments for SB194 (Higher Education (Scotland) Bill), in the name of the 16th Scottish Government.

Members are reminded to vote For/Against/Abstain against each Amendment. Attempts to stylise a vote may result in it not being counted. Where there is mix-up with an alternative voting style, this shall also be accepted.

Higher Education (Scotland) Bill

An Act of the Scottish Parliament to re-establish tuition fees, revoke the ban in place on St. Andrews University, and for connected purposes.

Section 1: Definitions

(1) Within this Act, unless specified otherwise;

(2) ‘Scottish Student’ or derivatives refers to;

(a) Any prospective student at a Higher Education Institution that resides in Scotland that was born in Scotland and holds British Citizenship

(b) Any prospective student at a Higher Education Institution that has resided in Scotland for at least three years and was born elsewhere in the United Kingdom or holds British Citizenship.

(c) Any prospective student at a Higher Education Institution that was born in Scotland but lives elsewhere in the United Kingdom or holds British Citizenship, except for;

(i) Prospective students who have never lived in Scotland

(3) ‘UK Student’ or derivatives refers to;

(a) Any prospective student at a Higher Education Institution that resides elsewhere in the United Kingdom and was born elsewhere in the United Kingdom.

(b) Any prospective student at a Higher Education Institution that holds British Citizenship and is not eligible for the criteria of Scottish Student

(4) ‘International Student’ or derivatives refers to any prospective student at a Higher Education Institution who does not fulfil the above criteria for Scottish Student or UK Student.

(5) The relevant Scottish Minister may, by order, modify the definitions established under Section 1(2-4)

(6) ‘Tuition Fees’ or derivatives refer to the definition as under Section 3.

(7) ‘Tuition Fee Loans’ or derivatives refer to the definition as under Section 4(1)

(8) ‘Applicant’ or derivatives refer to a Scottish Student who has successfully obtained a Tuition Fee Loan.

(9) ‘Repayment Threshold’ or derivatives refers to the amount of money established under Section 4(3)

(10) ‘Maintenance Loan’ or derivatives refer to the definition established under Section 5(1)

(11) ‘Household Income’ refers to the income of the household wherein Scottish Students live for a majority of the year outside of a term-time address.

(12) ‘Bursary’ or derivatives refers to the definition established under Section 5(4)

Section 2: Repeals

(1) Paragraph 17 of Schedule 6 of the Universities (Scotland) Act 1966 is hereby repealed in its entirety.

(2) The Graduate Endowment Abolition (Scotland) Act 2008 is hereby repealed in its entirety

(3) The Education (Student Loans, Allowances, and Awards etc.) (Scotland) Amendment Regulations 2018 are hereby revoked in their entirety.

(4) Any repeal, revocation, or extinguishment enacted by any repealed provisions shall remain repealed, revoked, or extinguished.

(5) Where any existing legislation conflicts with this legislation, this legislation supersedes the existing legislation and shall repeal it insofar as it conflicts.

Section 3: Tuition Fees

(1) Higher Education Institutions within Scotland may hereby charge Scottish Students for the costs of tuition.

(2) Higher Education Institutions may not charge Scottish Students any more than £2,500 per academic year.

(3) Higher Education Institutions may not charge UK Students any more than £5,000 per academic year.

(4) Higher Education Institutions may not charge International Students any more than £10,000 per academic year.

(5) The relevant Scottish Ministers may, by order in the positive procedure, alter Section 3(2-4)

Section 4: Establishment of Tuition Fee Loans

(1) The Student Loan Company, through the Student Awards Agency Scotland, shall be empowered to issue loans with which to pay for tuition at Higher Education Institutions.

(2) These loans shall be issued to all Scottish Students, provided that:

(a) They have not had a loan for the purposes of paying tuition fees for five academic years total

(b)

(3) The Student Loan Company shall not seek to regain money paid out in Tuition Fee Loans until the Scottish Student earns more than £25,000 per annum.

(a) This does not take into account household income.

(b) The collection of money shall be at a rate of no more than 5% of monthly earnings

(c) After the Scottish Student earns more than £30,000 per annum, the rate at which the monthly earnings shall be charged shall be no more than 9%.

(d) Scottish Ministers may, by order in the positive procedure, alter the repayment thresholds and the percentage collected from monthly earnings.

(4) The Scottish Loan Company may not seek to regain money paid out in Tuition Fee Loans after 30 years have passed since the loan was taken out.

(a) Where a Scottish Student studies a course continuously, ie the Scottish Student has not dropped out or otherwise left or suspended their course, the Student Loan Company may not regain money until after the attainment of a degree.

(b) Where a Scottish Student has withdrawn from their course, the Student Loan Company may begin to regain money provided the Scottish Student earns more than the repayment threshold.

(5) Scottish Students are automatically eligible for the amount required for Tuition Fees regardless of income.

(6) A Tuition Fee Loan shall have no effect on Credit Scores.

(7) A Tuition Fee Loan shall not pass from the Applicant to their next of kin and shall be wiped if the Applicant dies.

(8) A Scottish Student must apply for a Tuition Fee Loan for every academic year, though while their account remains active they do not need to supply any further information.

Section 5: Maintenance Tweaks

(1) There shall exist money paid by the Student Loan Company, through Student Awards Agency Scotland, to Scottish Students to fund living costs while at Higher Education in the form of a loan.

(2) The Maintenance Loan shall be paid dependent on household income, in the following amounts;

(a) A household income of between £0 and £34,999.99 shall ensure a Scottish Student receives £6,500 per academic year

(b) A household income of higher than £35,000 shall ensure a Scottish Student receives £5,500 per academic year.

(3) The Student Loan Company shall combine any debt incurred from maintenance loans with tuition fee loans to be repaid in the same manner.

(4) There shall exist money paid by the Student Loan Company, through Student Awards Agency Scotland, to Scottish Students to fund living costs while at Higher Education without the expectation of repayment.

(5) The Bursary shall be paid dependent on household income, in the following amounts;

(a) A household income of between £0 and £20,999.99 shall ensure a Scottish Student receives £2,500 per academic year.

(b) A household income of between £21,000 and £24,999.99 shall ensure a Scottish Student receives £1,500 per academic year

(c) A household income of between £25,000 and £34,999.99 shall ensure a Scottish Student receives £750 per academic year.

(d) A household income of higher than £35,000 shall not entitle a Scottish Student to receive a Bursary.

(6) A Scottish Student with relevant care experience or qualifications shall be entitled to receive a Bursary of £11,000 per academic year.

(a) A Scottish Student receiving this bursary shall not be entitled to a maintenance loan or to a bursary as under Section 5(5)

(7) Scottish Students must apply each academic year for a maintenance loan or a bursary.

(8) Scottish Ministers may, by order in the positive procedure, alter Section 5(2), Section 5(5), and Section 5(6).

Section 6: Short Title

(1) This Act shall be known as the Higher Education (Scotland) Act 2022

Section 7: Commencement

(1) This Act comes into force upon the commencement of the next academic year beginning after July 1st 2023

(2) Provisions in this Act for Tuition Fees do not apply to any existing Scottish Students, only Scottish Students who are due to commence their course after the date of Commencement.

This Bill was written by the Rt. Hon. Sir Frost_Walker2017, the Viscount Felixstowe, the Lord Leiston KT GCMG CT CVO MSP MLA MS PC, Cabinet Secretary for Education and Skills on behalf of the 16th Scottish Government.

Opening Speech:

Presiding Officer,

This is inevitably a bill that will have much discussion, which I welcome.

The bulk of this bill comes from the Beyond 16 White Paper, so I shall not go into detail on that. One area where it does differ is placing a cap on the fees that can be charged to UK Students and International Students, which was not in the white paper. This is to prevent universities from establishing runaway charges that students may struggle to meet. The cap for UK Students is below the tuition cap in England, meaning English students can get a better deal coming to Scotland.

The other thing not in the paper is Section 2(1). This deals with repealing the ban on St. Andrews University awarding medical and dentistry degrees. It is nonsense that this ban was ever instated and that it has been kept for as long as it has.

Presiding Officer, I commend this bill to this Parliament.

Stage 1 Debate

Amendments

A01 - in the name of u/Frost_Walker2017 (from beyond the divide)

In Section 4(3), amend "25,000" to read "28,000"

In Section 4(3c), amend "30,000" to read "33,000"

EN: both sets of numbers are arbitrary, I think its worth a debate on them

Voting on this item of Business ends with the close of Business on April 1st, at 10 pm BST.