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).