4.—(1) Subject to paragraph (2), it is lawful to charge higher relevant fees in the case of post 2011/12 students who do not have a relevant connection with Scotland than in the case of post 2011/12 students having such a connection.
(2) It is not lawful to charge higher relevant fees in the case of a post 2011/12 student who is an excepted student within the meaning of Schedule 1.