New providers: eligibility for reduced fees
5.—(1) Subject to paragraph (3), this regulation applies to an institution in relation to its initial registration or in relation to an ongoing registration year if—
(a)at the time when an initial fee or ongoing fee (as the case may be) is determined, its number of full time equivalent students is 1,000 or less; and
(b)it is a new provider.
(2) An institution is a new provider if, immediately before its date of entry in the register—
(a)it had not been eligible for funding under section 65 of the Further and Higher Education Act 1992(1) at any time on or after 1st August 2014;
(b)it had not provided higher education courses(2) which were designated for the purposes of section 22 of the Teaching and Higher Education Act 1998(3) by or under regulations under that section at any time on or after 1st August 2014; and
(c)it had not previously been a registered higher education provider.
(3) This regulation does not apply to an institution which is exempt from liability to pay an initial fee or ongoing fee by virtue of regulation 4.