- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (23/03/2018)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 23/03/2018. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
124.—(1) Subject to paragraphs (2) and (3), a part-time course is designated for the purposes of Article 3(1) of the Order and regulation 122 if—
(a)it is a course mentioned in Schedule 3 other than a course for the initial training of teachers;
(b)it is of at least one academic year’s duration;
(c)it is ordinarily possible to complete the course in not more than [F1four times] the period ordinarily required to complete the full-time equivalent;
[F2(d)it is either—
(i)wholly provided by an authority-funded educational institution;
(ii)provided by a publicly funded institution in the United Kingdom on behalf of an authority-funded educational institution; or
(iii)provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom;]
[F3(da)it is substantially provided in the United Kingdom;]
(e)it is not designated by or under regulation 6; and
(f)it is not designated under regulation 107.
(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated part-time course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.
(3) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.
(4) A first degree course is not a designated part-time course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
(5) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F4authority-funded] if either the university or the constituent college or institution is [F4authority-funded]; F5...
(c)an institution is not to be regarded as publicly funded [F6or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(1) [F7; and]
[F8(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F9;]]
[F10(e)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.]
(6) For the purposes of paragraph (1)(c)—
(a)“full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;
(b)“period ordinarily required to complete the full-time equivalent” means—
(i)where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;
(ii)where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;
(c)“standard full-time student” is a student who is to be taken—
(i)to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;
(ii)not to have been excused any part of the full-time equivalent;
(iii)not to have repeated any part of the full-time equivalent; and
(iv)not to be absent from the full-time equivalent other than during vacations.
(7) For the purposes of Article 3 of the Order and regulation 122(1) the Department may designate courses of higher education which are not designated by paragraph (1).
[F11(8) In designating a part-time course studied through distance learning, the Department may disregard-
(a)any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of-
(i)registration or enrolment;
(ii)an examination;
(b)any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend, from time to time during the week or during any vacation;
(c)any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.]
Textual Amendments
F1Words in reg. 124(1)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(a)(i)
F2Reg. 124(1)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(a)
F3Reg. 124(1)(da) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(a)(ii)
F4Words in reg. 124(5)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(i)
F5Word in reg. 124(5)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(ii)
F6Words in reg. 124(5)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(iii)
F7Word in reg. 124(5)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(iv)
F8Reg. 124(5)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(v)
F9Semi-colon in reg. 124(5)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(b)(i)
F10Reg. 124(5)(e) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(b)(ii)
F11Reg. 124(8) inserted (23.3.2018) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 6
Commencement Information
I1Reg. 124 in operation at 17.12.2009, see reg. 1(1)
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Rheol Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys