2003 was a tempestuous year for the formulation of higher education policy. After considerable delay, the White Paper "The Future of Higher Education" was published in January and this appeared to give a clear signal that government expected higher education institutions, particularly the pre-1992 universities, to do significantly more to widen access. The publication of the Higher Education Bill at the beginning of January 2004 has gone some but by no means all of the way in indicating how government intends to resolve the tensions facing higher education. This article examines the provisions of the Bill relevant to access in the light of the other statements by government on its vision for achieving its target of 50% of the 18-30 age group having had experience of higher education by 2010. It is observed that the government is taking a minimalist approach to the use of primary legislation, with crucial detail to be addressed by secondary legislation or guidance and other quasi-legal methods of regulation. This article suggests that, while the importance of the proposed new public law approach to achieving equal opportunities should not be underestimated, the new measures are only part of the constantly growing array of legal pressures on institutions, largely stemming from the constantly growing field of anti-discrimination law. While the outcome may be a less extensive acceptance of reverse discrimination measures than still prevails in the USA, the complexity of UK law is considerably greater than that of the US. (Contains 84 notes.)