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4. (1) It shall be lawful for the institutions referred to in paragraph (2) to charge higher fees of the type mentioned in paragraph (3) in the case of a person who is not mentioned in the Schedule than in the case of a person who is so mentioned.
(2) The institutions referred to in paragraph (1) are institutions—
(a)within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992(1), including a constituent college, school or hall of such an institution;
(b)within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;
(c)maintained by an education authority; and
(d)eligible for funding under Part I of the Education Act 1994(2).
(3) The fees referred to in paragraph (1) are:
(a)any fees for admission, registration or matriculation (including matriculation exemption);
(b)any sessional or tuition fees;
(c)any composition fee; and
(d)any graduation fee
in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (4).
(4) The fees referred to in paragraph (3) are:
(a)college fees or dues at the University of Oxford, at the University of Cambridge or at St Chad’s, St John’s or Ushaw College of the University of Durham;
(b)any fees charged by an external body in respect of examinations or validation of a course or otherwise charged by such a body whose requirements must (for the purposes of the course) be met; and
(c)charges for board and lodging.
(5) For the purposes of this regulation fees shall be considered to be charged on the last date or dates on which they are required to be paid by the person, and not on the date or dates on which he enters an agreement to pay them, or on which he receives an account in respect of them.
(6) For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to the 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.
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