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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 support under section 78 of the 2005 Act;
(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 condition imposed under section 24 of the Higher Education Act 2004(1).
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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