The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019

Amendment of regulation 5

4.—(1) Regulation 5(1) (designated courses) is amended as follows.

(2) For paragraph (1)(d), substitute—

“(d) either—

(i) wholly provided by a registered provider, or provided by a registered or unregistered provider on behalf of a registered provider in England;

(ii) wholly provided by an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(iii) provided by a registered provider on behalf of an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(iv) provided by a registered provider on behalf of a regulated institution in Wales where the course begins on or after 1st September 2017;

(v) provided by an institution situated in Scotland, Northern Ireland or Wales on behalf of a registered provider in England, or by a publicly funded institution situated in Scotland, Northern Ireland or Wales on behalf of an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017;

(vi) provided by a publicly funded institution in Scotland, Northern Ireland or Wales on behalf of a regulated institution in Wales where the course begins on or after 1st September 2017;

(vii) provided by a registered provider in England in conjunction with an institution which is situated outside the United Kingdom;

(viii) provided by an authority-funded institution in Scotland or Northern Ireland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom; or

(ix) provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017;”.

(3) In paragraph (1)(e)(i), after “section 214(2)”, insert “(za), (zb)(2), ”.

(4) After paragraph (2), insert—

“(2ZA) A course is not a designated course if its designation has been revoked or is suspended under paragraph (11).”.

(5) In paragraph (7)(d), after “a private institution”, insert “in Scotland, Northern Ireland or Wales, or by a private institution which is an unregistered provider in England”.

(6) In paragraph (11), for “paragraph (10)”, substitute “this regulation”.

(1)

Regulation 5 was amended by S.I. 2013/1728, 2013/3106, 2014/2765, 2015/1951, 2017/114, 2018/136, 2018/137, 2018/434 and 2018/443.

(2)

Section 214(2)(a) of the Education Reform Act 1988 (c. 40) was amended by the Further and Higher Education Act 1992 (c.13), section 93(1) and Schedule 8, paragraph 48. Paragraphs (za) and (zb) were inserted into section 214(2) of the Education Reform Act 1988 by section 53(2) of the 2017 Act.