I work and lecture at a Scottish University. I have around 50 students in my class. I've only ever had around 30 show up at any one time other than the first and last day. The lowest turnout was 15. I do take a note of who is there by passing around a sign in sheet. Why? So that if I get a really low pass rate I can at least argue they didn't show up. Will I be checking up every week to work out who is foreign and needs reporting? No. I only use this information after the exams when people complain about low marks. Should this come into force I guess I'll just stop taking a register. Does the government seriously think that lecturers will do this sort of bullshit for them?

I have to add I feel sorry for those in England that need to pay top ups. Also, not all intelligent students go to oxbridge or abroad. We actually have some quite good people who go to other unis. It is an amazingly condescending how people make that assumption.