4. In regulation 23 of the Education (Student Support) Regulations 2011(1), after paragraph (8), insert—
“(8A) But paragraph (8B) applies where—
(a)a designated course is provided by or on behalf of a publicly funded institution in Scotland, Northern Ireland or Wales or a regulated institution in Wales, or by an institution in Scotland, Northern Ireland or Wales on behalf of an approved (fee cap) provider;
(b)on or before the date on which these Regulations are made, the Secretary of State has notified to an institution referred to in sub-paragraph (a) a level for the number of students starting the first year of courses at that institution in respect of an academic year commencing on or after 1st August 2020 and before 1st August 2021 (“AY 2020/21”), and
(c)the number of students to whom that level applies is exceeded by that institution in AY 2020/21.
(8B) The maximum amounts set out in this regulation are reduced in respect of that institution in relation to the first academic year of a current course where that course commences on or after 1st August 2021 and before 1st August 2022—
(a)by 3% where the level is exceeded but not by more than 6%;
(b)by 9% where the level is exceeded by more than 6% but not more than 12%;
(c)by 15% where the level is exceeded by more than 12%.”.
S.I. 2011/1986, amended by S.I. 2012/1653, 2013/1728, 2017/114, 2018/137 and 2019/142; there are other amending instruments but none is relevant.