After section 9C of the 2005 Act, inserted by section 3, insert—
(1)The Scottish Ministers may, under section 9(2), impose a condition that the Council must, when making a payment under section 12(1)—
(a)where the payment is made to a fundable post-16 education body which provides fundable higher education, impose on that body a condition that it complies with the requirement set out in subsection (2);
(b)where the payment is made to a regional strategic body, impose on that body a condition that it must, when making a payment under section 12B(1) to any of its colleges which provides fundable higher education, impose on the college a condition that it complies with the requirement set out in subsection (2).
(2)The requirement is that the post-16 education body to whom the payment is made is to secure that the fees paid to it—
(a)by persons in respect of whom it is authorised or required to charge higher fees by virtue of regulations made under section 1 of the Education (Fees and Awards) Act 1983 (or by such class of such persons as the Scottish Ministers may by order specify);
(b)in connection with their attending in an academic year such courses of education as the Scottish Ministers may by order specify,
do not exceed such amount as the Scottish Ministers may by order specify.
(3)The Scottish Ministers, when making an order under this section, must seek to ensure—
(a)that, subject to any exceptions which they consider appropriate, it applies only in relation to fees payable by persons who have a connection with the United Kingdom; and
(b)that the amount of fees payable by a person attending any course of education provided by a post-16 education body in any particular academic year does not exceed the maximum amount of fees which that person would by virtue of any enactment be liable to pay if attending any higher education course provided elsewhere in the United Kingdom during that year.
(4)The Scottish Ministers may not specify courses under subsection (2)(b) in such a way as to discriminate between different courses which are—
(a)for the training of persons preparing to be teachers; and
(b)open only to persons holding a degree,
on the basis of the subject in which such training is given.
(5)References in this section to the United Kingdom include references to the Channel Islands and the Isle of Man.”.