The Education (Prescribed Courses of Higher Education) (Wales) Regulations 1993

Statutory Instruments

1993 No. 481

EDUCATION, ENGLAND AND WALES

The Education (Prescribed Courses of Higher Education) (Wales) Regulations 1993

Made

25th February 1993

Laid before Parliament

9th March 1993

Coming into force

1st April 1993

In exercise of the powers conferred by sections 65(2)(c) and 89(4) of the Further and Higher Education Act 1992(1) the Secretary of State for Wales hereby makes the following Regulations:

1.  These Regulations may be cited as the Education (Prescribed Courses of Higher Education) (Wales) Regulations 1993 and shall come into force on 1st April 1993.

2.—(1) In these Regulations—

“the 1988 Act” means the Education Reform Act 1988(2);

“the 1992 Act” means the Further and Higher Education Act 1992;

“block release” and “day release” have the same meanings as in paragraph 3 of Schedule 3 to the 1992 Act;

“course providing education at a higher level” is to be construed in accordance with paragraph 3 of Schedule 6 to the 1988 Act;

“institution within the further education sector” has the same meaning as in section 91(3) of the 1992 Act;

“professional examination at a higher level” has the same meaning as in paragraph 2 of Schedule 6 to the 1988 Act;

“recognised award” has the same meaning as in section 214(2)(a) and (b) of the 1988 Act;

“relevant institution” means an institution maintained or assisted by a local education authority, or an institution within the further education sector;

“sandwich course” has the same meaning as in paragraph 3 of Schedule 3 to the 1992 Act.

(2) For the purposes of these Regulations a course does not cease to be a prescribed course of higher education merely because persons enrolled to take part in it include persons who study otherwise than by the mode of attendance described in the Schedule to these Regulations.

3.  The courses of higher education set out in the Schedule to these Regulations, when provided by relevant institutions in Wales, are hereby prescribed for the purposes of section 65(2)(c) of the 1992 Act.

David Hunt

Secretary of State for Wales

25th February 1993

SCHEDULE PRESCRIBED COURSES OF HIGHER EDUCATION

1.  All postgraduate courses excluding such courses preparing persons solely for a degree which is not a recognised award or solely for a professional examination at a higher level.

2.  All first degree courses excluding such courses preparing persons solely for a degree which is not a recognised award.

3.  All full-time and sandwich courses for a Diploma of Higher Education or the Higher National Diploma of the Business and Technology Education Council.

4.  All courses for the Higher National Certificate of the Business and Technology Education Council.

5.  All full-time and sandwich courses of more than one year’s duration and all part-time courses (including block release and day release courses) of at least 2 years' duration, being courses providing education at a higher level which are not prescribed courses of higher education by virtue of paragraphs 1, 2, 3 or 4 of this Schedule but which prepare persons for an examination leading to an award of the kind mentioned in subsection (2)(a) or (b) of section 76 of the 1992 Act granted by an institution specified by the Privy Council in an Order made under subsection (1) of that section.

6.  All full-time courses of at least one year’s duration and all sandwich courses and part-time courses (including block release and day release courses) of at least two years' duration, being courses providing education at a higher level—

(a) for the initial or further training of youth and community workers, or

(b) for the further training of teachers including, notwithstanding paragraph 1 of this Schedule, any such teacher training course which is a postgraduate course preparing persons solely for a professional examination at a higher level.

Explanatory Note

(This note is not part of the Regulations)

These Regulations list those courses of higher education which are prescribed courses of higher education for the purposes of section 65(2)(c) of the Further and Higher Education Act 1992 (and therefore courses the provision of which by institutions maintained or assisted by local education authorities, or by institutions within the further education sector as defined by section 91(3) of that Act, may attract financial support from the Higher Education Funding Council for Wales). The Regulations apply only to courses provided by institutions in Wales.

(1)

1992 c. 13; for the expression “prescribed” see section 90(5) of that Act and section 114 of the Education Act 1944 (c. 31) and for the transfer of functions ot the Secretary of State see S.I. 1964/490, 1970/1536 and 1978/274.

(2)

1988 c. 40.