4.—(1) It shall be lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within Schedule 1 than in the case of a person who does fall within Schedule 1.
(2) For the purposes of this regulation a person falls within Schedule 1 if they fall within it on the first day of an academic year of the course.
(3) The institutions mentioned in this paragraph are institutions—
(a)within the higher education sector, including a constituent college, school or hall of such an institution;
(b)within the further education sector;
(c)which are training providers and are receiving financial [F1assistance—
(i)from the Secretary of State under section 14 of the Education Act 2002; or
(ii)from a person who is receiving financial assistance under that section”.]
(d)which provide further education and are maintained by a local education authority;
(4) This regulation does not make lawful the charging of a fee which is unlawful by reason of a [F2fee limit condition imposed under section 10 of the Higher Education and Research Act 2017].
Textual Amendments
F1Words in reg. 4(3)(c) substituted (1.4.2012) by The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/765), arts. 1, 9(2)
F2Words in reg. 4(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 27(3)