The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

[F1 Designated Master’s, etc. courses N.I.

152.— (1) Subject to paragraph (7), a course is a designated Master’s, etc. course for the purposes of Article 3(1) of the Order and regulation 149 if it is —

(a) a course mentioned in Schedule 3B and which falls within paragraph (2);

(b) a course entry to which a first degree (or equivalent qualification) or higher is normally required;

[F2 (c) it is either—

(i) wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii) provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii) wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv) provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v) provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or

(vi) provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.]

(d) substantially provided in the United Kingdom.

(2) For the purposes of paragraph (1)(a) the course must be either—

(a) of one academic year’s duration or where the course falls within paragraph 3, 4 or 5 of Schedule 3B less than one academic year’s duration; or

(b) completed within two academic years; or

(c) completed within three academic years.

(3) For the purposes of paragraph (1)(c) and (d)—

(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 authority-funded if either the university or the constituent college or institution is authority-funded;

(c) an institution is not to be regarded as publicly funded or 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;

(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 [F3 in Northern Ireland, Scotland or Wales, or by a private institution which is [F4 an approved provider or] an unregistered provider in England]; and

(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.

(4) A Master’s degree undertaken as an integral part of a Postgraduate Doctoral Degree is not a designated Master’s, etc. course for the purposes of Master’s, etc. fee loan.

(5) A postgraduate doctoral degree is not a designated Master’s, etc. course for the purposes of the Master’s, etc. fee loan.

(6) The designated Master’s, etc. course may, but need not, be a distance learning course.

(7) A course cannot be a designated Master’s, etc. course if it is a designated course for the purposes of regulation 6.

(8) For the purposes of Article 3 of the Order and regulation 149 the Department may designate courses of higher education which are not designated by paragraph (1).

[F5 (9) The Department may revoke or suspend the designation of a course which is designated under this regulation.]]

Textual Amendments

F1 Pt. 13 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), 43, Sch. 1

F2 Reg. 152(1)(c) substituted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 9(a)

F3 Words in reg. 152(3)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 15(b)

F4 Words in reg. 152(3)(d) inserted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 9(b)

F5 Reg. 152(9) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 10