Regulation 4 Fee levels
Subject to regulations 5, 6 and 19(7), the fees charged by a school for an assisted pupil in any school year shall not exceed such maximum annual amount as, apart from section 1 of the 1997 Act, the school would have been entitled to charge for him in the 1997—98 school year—
(a)
under the participation agreement, or
(b)
by virtue of regulation 21 of the 1995 Regulationsf1 where, before the commencement of that section, the school gave notice to the Secretary of State under that regulation of their intention to increase fees in that year.